Page 15 - 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).
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.
Talking points: