Download: Complete Bulletin. PDF File.

The State Education Department is authorized to approve a variance that enables a school district, BOCES or approved private school to exceed special education class size limits, chronological age range limits, or the number of students to be assigned to a resource room or consultant teacher in programs for students with disabilities. These variances may have implications for local collective bargaining agreements — variances may enable a school to reduce staffing needs, increase staff workload and/or affect the compatibility of student needs in an instructional group.

A school district, BOCES or private school would request a variance through regional special education staff of the State Education Department (SED), called Regional Associates. The request must be supported by a written educational justification. An educational agency is not required to obtain the signature of a representative of the collective bargaining agent as part of the approval process.

This Information Bulletin contains the following information:

I. Variances that must be approved by the SED

II. Requirements for Variance Approval

III. Teacher Involvement in the Variance Process

• Variances vs. Innovative Program Waivers

IV. When SED's Approval of a Variance is Not Required

V. NYSUT Policy on Special Education Variances

VI. Advice to Local Leaders

Attachment A includes the State Education Department's procedure for requesting a variance. School districts must submit a worksheet and narrative which provides supporting information for the variance request.

Local leaders should refer to specific sections of Part 200 of the Regulations of the Commissioner of Education for regulatory language concerning the provision of special education programs and services. [More: download complete bulletin. PDF File]