Superintendents Toolkit 2013

Special Education Class size

Background:

In 2009, the State of Illinois imposed its own mandate on schools regarding smaller class sizes for special education students than the federal government mandate, with no flexibility to increase class size in certain situations.

From 1999 until recently, the State also was under a federal court settlement agreement stemming from the Corey H. federal lawsuit. The agreement governed some aspects of special education in Illinois. The State now is out from under that settlement agreement.

Issue:

State Superintendent Dr. Chris Koch has said that he intends to discuss the special education class size mandate with ISBE Board members at the February 2013 meeting and that he believes class size should be determined at the local level, not by the State.

In his February 11 Weekly Message, Dr. Koch said:

“…Our current rules go beyond federal law and I have always been of the mind that the state should not dictate limits on class size. “Class size is an issue that is best addressed locally. We are 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. It is limiting these special education students’ access to the curriculum and instruction they deserve and need to be successful. I understand that there are those who will not agree with me; however, I do believe it’s what’s best for all students.” At the urging of State Superintendent Dr. Chris Koch, the Illinois State Board of Education voted 5-1 on February 20, 2013 to review proposing eliminating the unfunded mandate that placed special education class size limits on Illinois school districts. Based on the State Board's action, there will be a 45-day public comment period after which board members will make a decision on whether to send to the Joint Committee on Administrative Rules (JCAR) language to remove the mandate (Part 226).

Talking points:

1. The Illinois mandate that is more stringent than the federal rules regarding class size for special education students has proven to be very expensive for many school districts. 2. By the state superintendent’s own words, an unintended consequence is that the mandate not only has resulted in larger general education class sizes, but it also has kept special education

students out of general education classrooms. By so doing, it actually has limited special education students’ access to curriculum and instruction they deserve. 3. We agree with Dr. Koch that class size – for general or special education – is best determined at the local level.