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Vocational and Educational Services for Individuals with Disabilities (VESID)
Special Education and Vocational Rehabilitation Services

November 2004
Available in PDF Format for printing



District Superintendents


Presidents of Boards of Education


Superintendents of Schools


Organizations, Parents & Individuals Concerned with Special Education


Superintendents of State-Operated and State-Supported Schools


Executive Directors of Approved Private Schools


Directors of Special Education


Chairpersons of Committees on Special Education


Directors of Pupil Personnel Services


New York City Department of Education


Commissioner’s Advisory Panel for Special Education Services


Impartial Hearing Officers


Community Dispute Resolution Centers


SETRC Project Directors and Training Specialists


State and Local Teacher Associations


Rebecca H. Cort  Signature of Rebecca H. Cort




Special Class Size Variances

Section 66 of Chapter 57 of the Laws of 2004 extended the provisions of section 4402.2(d) of the Education Law until July 1, 2005.  Section 4402.2(d) authorizes a school district, except the school district of the City of New York, to exceed the special education class size standards established in regulation for special education classes for middle and secondary school students only.  The requirements for this variance by notification can be found in section 200.6(g)(6)(i) and (ii) of the Regulations of the Commissioner of Education.

Section 52 of Part C of Chapter 57 of the Laws of 2004 extended the provisions of section 4402.6 of the Education Law until July 1, 2005.  Section 4402.6 of the Education Law authorizes a school district with a population of 125,000 or more inhabitants, except the New York City School District, to increase class sizes in special classes containing students with disabilities to obtain relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary levels.  The requirements relating to this over-enrollment special class size variance can be found in section 200.6(g)(6)(iii) of the Regulations.

 If you have any questions about this information, please contact the VESID Special Education Policy and Partnerships Unit at 518-473-2878 or your Regional Associate at one of the following VESID Special Education Quality Assurance Regional Offices:


Eastern Regional Office

(518) 486-6366

Hudson Valley Regional Office

(914) 245-0010

Central Regional Office

(315) 428-3287

Long Island Regional Office

(631) 884-8530

New York City Regional Office

(718) 722-4544

Western Regional Office

(585) 344-2002, ext. 420