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Vocational and Educational Services for Individuals
with Disabilities (VESID)
Special Education and
Vocational Rehabilitation Services
VARIANCE FROM SECTION 200.15(b), (d-h) OF THE REGULATIONS
OF THE COMMISSIONER OF EDUCATION
PDF Format for Printing
Overview and Intent
The granting of a variance from section 200.15(b), (d-h) of the Regulations of the Commissioner of Education is intended where the residential component of a school governed by this section is licensed or certified by a state agency other than the State Education Department. The residential school must be in compliance with the requirements imposed by such other licensing or certifying State agency or agencies, or have procedures in place which are substantially equivalent to those required by section 200.15(b), (d-h) of the Regulations of the Commissioner of Education, regarding the protection of students in residential care from child abuse or maltreatment.
Regulatory Requirements
Pursuant to section 200.15(i) of the Regulations, the Commissioner may grant a variance from any requirement in sections 200.15(b), (d-h).
Application Procedures
The application includes the following components:
1. Cover Page (Attachment A)
2. Application Narrative
3. List of all licensing or certifying State agencies
4. Signed Assurance (Attachment B)
The program’s application narrative should be a concise statement that describes how the requirements imposed by other licensing or certifying State agency or agencies, or its own procedures are substantially equivalent to those required by section 200.15(b), (d-h) of the Regulations of the Commissioner of Education, regarding the protection of students in residential care from child abuse or maltreatment. The narrative should include a list of all licensing or certifying State agencies.
Submit the application to:
New York State Education Department
EMSC/SEQA
One Commerce Plaza, Room 1623
Albany, New York 12234
ATTACHMENT A
COVER PAGE
APPLICATION FOR VARIANCE FROM SECTION 200.15(b),
(d-h) OF THE
REGULATIONS OF THE COMMISSIONER OF EDUCATION
Residential School ___________________________________________________________
School Address _____________________________________________________________
School Address _____________________________________________________________
Name of Person Completing this Form ___________________________________________
Title ______________________________________________________________________
Telephone Number ___________________________________________________________
Effective Start Date of Variance __________________________________________________
Effective End Date of Variance ___________________________________________________
For Department Use Only
Variance Approved: o Date: ________________
Variance Denied: o Date: ________________
Reasons for Denial: _____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Please forward the application to:
New York State Education
Department
EMSC/SEQA
One Commerce Plaza, Room
1623
Albany, NY 12234
ATTACHMENT B
STATEMENT OF ASSURANCE
APPLICATION FOR VARIANCE FROM SECTION 200.15(b),
(d-h) OF THE
REGULATIONS OF THE COMMISSIONER OF EDUCATION
Residential School ___________________________________________________________
School Address _____________________________________________________________
School Address _____________________________________________________________
Name of Person Completing this Form ___________________________________________
Title ______________________________________________________________________
Telephone Number ___________________________________________________________
Effective Start Date of Variance __________________________________________________
Effective End Date of Variance ___________________________________________________
I understand that the ______________________________ Residential School is in compliance with the requirements imposed by such other licensing or certifying State agency or agencies, or has procedures in place which are substantially equivalent to those required by section 200.15(b)(d-h) of the Regulations of the Commissioner of Education, regarding the protection of students in residential care from child abuse and maltreatment.
Chief Administrator’s Name: ______________________________________________________
Chief Administrator’s Signature: ____________________________________________________
Date: __________________________________________________________________________