Friday, September 20, 2013

Illinois Proposal to Eliminate Caps on Special Education Class Sizes ‘Dead’—For Now

The Illinois State Board of Education (ISBE) removed a proposal from its agenda yesterday that would have eliminated all state rules on special education class size. The ISBE move is not unusual, as similar measures have been proposed in D.C., New York, North Carolina, Philadelphia, and Rhode Island. Since the beginning of the year, the ISBE proposed repealing Sections 226.730 and 226.731 of the Illinois Administrative Code that limit class sizes for self-contained special education classrooms and place a 30 percent limit on students with IEPs in a general education classroom (called the 70/30 rule).  ISBE administrators say that Illinois’ requirements exceed the requirements in the Individuals with Disabilities Act (IDEA) and “its implementing regulations and have resulted in several unintended consequences.” One of those consequences, State Superintendent of Education, Christopher Koch,
 said on Monday, was that Illinois’ current rules “interfere with decisions for students that
would best be made at the local level.” Koch noted that “Illinois is no longer under the Corey H. settlement agreement and our data shows that these artificial limits are actually keeping students with disabilities out of general education classrooms.” Despite the ISBE’s arguments that eliminating class size requirements “will best ensure that each student with disabilities … has access to the broad array of coursework available to his or her nondisabled peers, particularly in the middle grades and high school,” parents and advocacy groups fiercely opposed the proposal.  Bev Johns, Chair of the Illinois Special Education Coalition, said in a posted message that “[e]veryone else testifying, special ed groups, disability
 organizations, parents, the IEA, IFT and CTU, other 
teachers, etc.” opposed the ISBE proposal. The Illinois Special Education Coalition is a coalition of parent and educator organizations interested in the education of students with disabilities.

http://lawprofessors.typepad.com/education_law/2013/09/illinois-proposal-to-eliminate-caps-on-special-education-class-sizes-deadfor-now.html

Special Education, State law developments | Permalink

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