Special Education Class Size Limits in Middle and Secondary Schools
Briefing Bulletin
December 2005
New York State Law relating to special class sizes for students with disabilities (Section 4402.2(d) of Education Law) was amended by Part L of Chapter 57 of the Laws of 2005 as described below. Chapter 57 extended the provisions of Sections 4402.2(d) and 4402(6) until July 1, 2006.
Special Class Size Variance By Notification
The provisions of Education Law section 4402.2(d)(1) and (2) were extended until June 30, 2006. This law authorizes all schools, except the school district of the City of New York, to exceed, for the remainder of the school year, the special education class size standards established in regulation for special education classes for middle and secondary school students by no more than 20 percent, rounded up to the next whole number, upon written notice to the Commissioner and parental notification. The variance provision applies to BOCES, State-operated and State-supported schools, approved private schools and state departments or agencies operating education programs. School districts proposing to exceed the standards must begin each school year in September in compliance with the special class size regulatory requirements. 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.
Over Enrollment Special Class Size Allowance
Section 4402.6 of the Education Law was also extended until July 1, 2006 authorizing a city school district with a population of 125,000 or more inhabitants, except the City School District of New York, to establish maximum class sizes not to exceed one and two-tenths times (20 percent) the applicable maximum class size in regulation for middle and secondary schools due to the rate of attendance in such classes. This over enrollment special class size allowance is applicable only to the large city school districts of Buffalo, Rochester, Syracuse and Yonkers. The requirements relating to this over-enrollment special class size variance can be found in Section 200.6 (g)(6)(iii) of the Regulations.
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