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May 29, 2008
Special Message from
State Superintendent Christopher A. Koch
All Illinois school districts previously received a notice from the State Superintendent about Sherman v. Township District 214, 07 C 6048. This case challenges the Illinois law which required a moment of silence at the opening of the school day.
On Thursday, May 29, 2008, U.S. District Judge Robert Gettleman entered a preliminary injunction stopping the application of this law. This injunction prohibits all school districts in the State of Illinois from conducting the mandatory moment of silence. All school districts should immediately cease enforcing this law.
Click here to download |
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Click here to download or view an insightful article by Illinois Division of Early Childhood (IDEC) Vice President, Dr. Robin Miller Young, NCSP, Ed.D. |
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Click Above for the Latest Developments regarding Part 226 Rules... |
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Click Above for a Synopsis of Current Legislation, prepared by Bev Johns |
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June 1, 2007
Dear Members of JCAR,
Illinois Council for Exceptional Children (ICEC) is the voice of special education in Illinois that represents children and young adults with disabilities, their parents, special education teachers and related service personnel.
We write this letter to you to reiterate the Illinois Council for Exceptional Children’s position on the proposed changes to 226.730 (c). On October 28, 2005, the Delegate Assembly which is the governing body for the membership of the organization took official action to oppose any changes in class size. We believe the current (not the proposed) class size/caseload as stated is critical to facilitate the provision of effective services to children with disabilities and their parents, as well as to improve the working conditions of special educators.
Our members are very concerned with the proposed changes in class size and how it will affect their students’ success. With every additional student in the classroom, there will be less instructional contact time for each individual student with an identified disability.
Tennessee’s Project STAR and Wisconsin’s SAGE Program, clearly identify the benefits of smaller classrooms. These benefits include:
- achievement gains, especially among poor and minority students
- greater individual attention and teacher knowledge of individual student progress
- fewer classroom discipline disruptions
- faster and more in-depth coverage of content
- more student-centered classroom strategies, such as special interest learning centers
- greater parent teacher contact and parent satisfaction
- reduced classroom stress and greater enjoyment of teaching.
Needless to say, an increased class size challenges the delivery of effective specialized supports and instruction for students with disabilities.
Unfortunately, policies based on convenience are impacting special education instruction for students with disabilities. It is imperative that JCAR and the Illinois State Board of Education listen to the experienced voices and leaders in special education.
The Illinois Council for Exceptional Children strongly recommends that you take no action on June 12th on Part 226.730(c). We hope this will force ISBE to listen to the voices of special educators.
Sincerely,
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How can you voice your objections to Part 226 changes?
- You can send an e-mail to JCAR at: jcar@ilga.gov
You must do this as soon as possible.
(Put "Part 226, Special Education" in the Subject line.)
- Contact the members of the Joint Committee on Administrative Rules.
Their names and numbers follow...
MEMBERS OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES
CO-CHAIRPERSON
SEN. MAGGIE CROTTY (D - 19)
5119 W. 159th Street
Oak Forest, IL 60452
122 State House
Springfield, IL 62706
708/687-9696 217/782-9595 |
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CO-CHAIRPERSON
REP. BRENT HASSERT (R - 83)
1408 Joliet Rd., Ste. 102
Romeoville IL 60446
217-N Stratton Bldg.
Springfield, IL 62706
630/739-7063 217/782-4179
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SEN. J. BRADLEY BURZYNSKI (R - 35)
505 DeKalb Ave.
Sycamore, IL 60178
103D Mezzanine
State House
Springfield, IL 62706
815/895-6318 217/782-1977 |
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SEN. JAMES F. CLAYBORNE JR. (D - 57)
327 Missouri Ave., Rm. 422
East St. Louis, IL 62201
629 State House
Springfield, IL 62706
618/875-1212 217/782-5399 |
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SEN. RANDALL M. HULTGREN (R - 45)
1725 S. Naperville Road, Ste. 200
Wheaton IL 60187
M103A State House
Springfield IL 62706
630/682-8100 217/782-8022 |
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SEN. DAN RUTHERFORD (R - 53)
320 N Plum St.
Pontiac IL 61764
105B State House
Springfield IL 62706
815/842-3632 217/782-6597
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SEN. IRA SILVERSTEIN (D - 8)
2951 W. Devon.
Chicago IL 60659
121B State House
Springfield IL 62706
773/743-5015 217/782-5500
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REP. TOM HOLBROOK (D - 113)
9200 W. Main, Ste. 4
Belleville IL 62223
267-S Stratton Bldg.
Springfield IL 62706
618/394-2211 217/782-0104 |
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REP. DAVID R. LEITCH (R-73)
3114 N University
Peoria IL 61604
220 State House
Springfield IL 62706
309/685-3900 217/782-8108 |
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REP. JOHN FRITCHEY (D-11)
2539 N. Southport Ave.
Chicago IL 60614
200-7S Stratton Bldg.
Springfield IL 62706
773/871-4000 217/782-2458
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REP. DAVID E. MILLER (D - 29)
1350 E. Sibley Blvd., Ste. 202
Dolton, IL 60419
278-S Stratton Bldg.
Springfield IL 62706
708/201-8000 217/782-8087 |
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REP. ROSEMARY MULLIGAN (R - 65)
932 Lee St., Ste. 201
Des Plaines IL 60016
218-N Stratton Bldg.
Springfield IL 62706
847/297-6533 217/782-8007 |
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TESTIMONY TO THE ILLINOIS STATE BOARD OF EDUCATION
CONCERNING THE PROPOSED CHANGES TO THE SPECIAL EDUCATION RULES
BY THE ILLINOIS COUNCIL FOR EXCEPTIONAL CHILDREN
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The Illinois Council for Exceptional Children (ICEC) has reviewed the proposed special education rules and wishes to focus attention on our opposition to the proposed 226.730 dealing with class size. On October 28, 2005, the Delegate Assembly which is the governing body for the membership of the organization took official action to oppose any changes in class size. We believe that it is critical to improve the working conditions of special education teachers in an effort to assure the provision of effective services for children with disabilities and their parents.
If teachers have a tremendous increase in class size (which is what 226.730 proposes), children with disabilities cannot receive the specialized educational services to meet their individual needs. Within the proposal, it would be possible that a special education teacher could serve over 100 children in a day (if all the students are removed for less than 20 percent of the school day from the general education class). This creates a situation in which there will no longer be appropriate special education services for children with disabilities who need those services.
If the children with disabilities spend a majority of their time within the general education classroom, the special education teacher must not only provide the specially designed instruction needed for the child but the special education teacher must also provide consultation to the classroom teacher on the appropriate accommodations and possible modifications for the student. To provide quality services, the special education teacher must have a reasonable number of students.
We believe that the class size and caseload provisions should be maintained. Statewide efforts should focus on what we can do to help teachers to provide the needed services to children. We must work to retain special education teachers; not drive them out of the field. We must all work to provide the appropriate services to children with disabilities. Diluting services and expertise will only leave more children with special needs behind, including those who are struggling in a classroom and not in special education.
To increase the percentage of children with disabilities who can be in the general education classroom will increase the risk that the classroom teacher will not be able to provide the necessary accommodations for the students with disabilities. Classroom teachers need more support and training to meet the diverse needs of the learners in their classrooms. Increasing the percentage of students in those classes will hinder this support; especially with the proposal to increase class size that special education teachers would have. Under this proposal, special education teachers will have less time to provide support to classroom teachers.
We also wish to voice our concerns about the format of these regulations. The State Special Education Regulations should be inclusive of the Federal law and regulations. It should not be necessary for individuals to have to research several documents to gain the answer to a question concerning the provisions of special education.
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June 9, 2007
Joint Committee on Administrative Rules
700 Stratton Building
Springfield, IL 62706
Dear JCAR Staff:
The Illinois Council for Exceptional Children (ICEC) is the voice of
special education in Illinois that represents children and young adults
with disabilities, their parents, special education teachers and related
service personnel.
The Executive Board of Directors of ICEC approved the following motion on
June 7, 2007:
The Illinois Council for Exceptional Children (ICEC) urges the members of
JCAR to take NO ACTION on June 13, 2007, regarding Part 226 of the
Illinois Administrative Code in anticipation that this action will force
ISBE to listen to the voices of special educators and parents concerned
with the welfare of children and youth with disabilities in the State of
Illinois.
Sincerely,
Heather Tratt
ICEC President
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THE ILLINOIS COUNCIL FOR EXCEPTIONAL CHILDREN
ANNOUNCES CASE LOAD/ CLASS SIZE HOTLINE
(For purposes of reporting violations of State-regulated case load and class size)
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INTRODUCTION
In the Fall of 2002, the Illinois Council for Exceptional Children conducted a survey of ways to reduce paperwork for special education teachers. One of the findings reported was that special educators in a number of locations were working in settings where case load/class size limits were not being followed. This was contributing significantly to paperwork burdens. Yet teachers report that they fear retaliation if they report these violations.
ICEC wants to help special educators that are in these situations and has decided to institute a hotline where teachers can report specific violations to ICEC and ICEC will file a complaint with the Illinois State Board of Education. We want to support special educators so they can provide quality services to children.
HOW TO FILE A COMPLAINT
If you believe that you are working in a situation where there are violations of case load/class size limits or you have questions about case load/class size, use the Class Size Hotline Complaint Form.
WHAT ARE THE STATE’S REGULATED CASE LOAD/CLASS SIZE LIMITS?
| INSTRUCTIONAL: defined as services to students for 50% of the school day or more. |
Early childhood |
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5 students |
Multiple disabilities or severe/profound disabilities |
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5 students |
Severe visual, auditory, physical, speech or language impairment, autism, traumatic brain injury, or emotional disturbance |
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8 students |
Specific learning disability or differing disabilities (cross-categorical) |
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10 students |
Moderate or visual or auditory impairment |
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12 students |
Mild/moderate mental impairment: primary level |
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12 students |
Mild/moderate mental impairment: intermediate, middle, junior or senior high level |
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15 students |
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A school district may increase enrollment in an instructional class or service by a maximum of 2 students in response to unique circumstances which occur during the school year OR (but NOT both) the district may increase the enrollment in an instructional class or service by a maximum of 5 students when a full-time, non-certified assistant is provided. |
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| RESOURCE: defined as services to students for less than 50% of the school day. |
| Enrollment shall be limited to the number of students who can effectively and appropriately receive assistance, up to a maximum of no more than 20 students. |
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| SPEECH/LANGUAGE: caseload cannot exceed 60 students. |
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NOTE: the caseload/class size for any special educator includes EACH student who receives direct OR indirect service (such as consultation services). |
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June 19, 2007: JCAR Decides that RTI should be unlimited
and that categorization is "damaging"...
...but what does this mean? |
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The JCAR vote on June 19 allows Illinois to require "response
to intervention" (RTI) with no time limits to be done by general
education teachers in general education classes, and in the
opinion of the IEA no limit on special education teacher
"Case Load" (IEA website: "no such limit ever existed in ISBE
rules, despite the belief of many").
The Illinois State Board of Education (ISBE) stated in writing
to the Members of the Joint Committee on Administrative
Rules (JCAR) on the June 15, 2007, request from 5 major
organizations to include the consideration of categories
(autism, learning disabilities, etc.) in non-categorical special
education "Class Size" rules that would have allowed class
size limits of 5 or 8 or 10 or 12 or 15 (depending on individual
IEP judgment of the appropriate placement considering the
nature and severity of each individual student's disability):
"We cannot do so. As part of the extended comment period,
the Illinois State Advisory Council for the Education of Children
with Disabilities (a federally and state-required advisory body
at least 50% of which are parents of students with disabilities
or persons with disabilities) as well as other state organizations
INCLUDING IAASE, IEA AND IFT have come to understand
that the continued CATEGORIZATION OF CHILDREN BY
DISABILITY CATEGORY IS BOTH UNNECESSARY AND
POTENTIALLY DAMAGING TO CHILDREN." [emphasis added]
When the special ed administrators organization (IAASE) and
both the IEA and the IFT favor the complete elimination of
any mention of categories in the "class size" rules, it proved
impossible to maintain any consideration of "autism", "learning
disabilities", "behavioral disorders", etc.
ISBE states, "The proposed new class sizes, once thoroughly
explored and explained, have been found agreeable by most
if not all of the parties." [ISBE provides no evidence of this.]
So Illinois will have special education class sizes of 15, 10, or 5
based ONLY on whether students "receive special education
services for 20 percent of the school day or less" OR for 20 to
60 percent, OR for more than 60 percent of the school day (plus
either 2 or 5 more students when a paraprofessional is provided).
It will now be up to ISBE to issue guidance on what the new
Illinois special education rules mean to schools, parents, and
teachers, but ONLY the law and regulations have definitive
meaning. Guidance offered by ISBE does NOT have the
legal impact of the Part 226 regulations.
More information is a click away :
Read the letter to JCAR, informing them of the motion passed by the Exective Board of ICEC on June 7, urging JCAR to take no action on Part 226. |
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Read the ICEC letter to JCAR, stating our position on Part 226, dated June 1, 2007 |
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Read the entire position paper of the
Illinois Council for Exceptional Children... |
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Report a class size violation that you are enduring, encountering or know about... |
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Contact information for JCAR
(their mischief is done, so this is just for
informational purposes -- next election: 2008) |
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Class Size Hotline |
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Click on the GO button to read all about
Special Education Class Sizes
and the ICEC Class Size Hotline
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HOW TO FILE A COMPLAINT
If you believe that you are working in a situation where there are violations of case load/class size limits or you have questions about case load/class size, hit the red button...
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CEC IDEA Regulations 2004 Side-by-Side Now Available |
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CEC’s Side-by-Side compares major issues of the IDEA 1997 and 2004
regulations and gives a comprehensive analysis of how the changes will impact students and teachers. This popular, timely publication is FREE to
CEC members.
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Click the button at right to open the CEC
Policy and Advocacy page in a new window... |
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For the latest information on Federal legislation and regulations,
explore the CEC Policy & Advocacy pages by clicking on the image below...
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