Cairo Association of Teachers - Newsletter

CAT Tracks for June 23, 2007 JCAR VOTE ON SPECIAL EDUCATION RULES

From the IEA Communications Department...

State Panel Votes to Change Special Education Part 226 Rules

During meetings on June 13 and June 19, the Joint Committee on Administrative Rules (JCAR) voted to lift the prohibition on major revisions to the special education rules. The votes ended a negotiation process that lasted many months, during which IEA helped steer the discussion away from changes that could have had a severe negative impact on special educators. While the original versions of the proposed rules changes were well-intended, several changes were extremely problematic:

* The original proposed rules raised the percentage of special education students that could be placed in regular education classrooms from 30% to 40%. Due to the strong efforts of IEA members, leaders and staff, and others, the Illinois State Board of Education (ISBE) was convinced to drop the proposed increase and return to the 70/30 rule.

* The original proposed rules mandated that every district begin using research based intervention, i.e., response-to-intervention (RTI), as one part of the evaluation process to determine whether a child has a learning disability, by the 2008-2009 school year. The rules failed to provide a plan for proper training, professional development and resources to ensure successful implementation of RTI by educators and districts.

* The original proposed rules moved from special education class size limits by category of disability to limits by percentage of time a student is removed from the regular education classroom, without control on the caseload/workload for special education teachers.

Due to intense lobbying by IEA members, leaders and staff, and others, JCAR unanimously rejected the proposed rules this past January, causing ISBE to make revisions. Since then, IEA, IFT and others had been in extensive negotiations with ISBE to develop acceptable rules in these 2 problem areas. These negotiations led to an acceptable resolution and to JCAR's recent action. Class size, Workload:

These changes will enable our special educators and their locals to establish legally enforceable limits on workloads; limits that currently do not exist in ISBE rules.

For years, ISBE has had a rule, entitled "Case Load/Class Size," which establishes maximum special education class sizes. This rule has set the upper limit on the number of special education students with specific types of disabilities that could be grouped together in a class and the upper limit on the caseload for speech-language pathologists.

Many districts and special educators have believed that this rule also set the maximum caseload for other special educators as well. However, ISBE disagreed. As ISBE has the legal authority to interpret this rule, its position would likely withstand a court challenge.

ISBE also believes that there are too many variables from teacher to teacher, district to district, to establish statewide maximum caseload limits for each type of special educator. In light of this, IEA concluded that the only way to establish maximum special education caseload/workload was through bargaining.

IEA was successful in incorporating caseload/workload bargaining language into the ISBE rules. While the language specifically deals with the workload plan that districts and coops will need to have in effect for the 2009-2010 school year, it reinforces the concept that the issue of special educator workload is well-suited for bargaining at any point in time. In the meantime, for the next 2 school years, 2007-2008 and 2008-2009, the current ISBE special education caseload/class size rule will remain in effect. Research Based Intervention:

Each district shall be required, no later than the beginning of the 2010-2011 school year, to implement the use of a process that determines how the child responds to scientific, research-based interventions (RTI) as part of the evaluation procedure.

No later than Jan. 1, 2008, the State Superintendent of Education, in consultation with statewide stakeholders, shall prepare and disseminate a state plan outlining the nature and scope of the professional development activities and resources that the Superintendent finds to be essential in order for teachers and districts to be able to successfully implement RTI beginning in the 2010-2011 school year. No later than Jan. 1, 2009, each district shall develop its own plan for such implementation.

IEA will continue to work with ISBE to develop a plan for implementation of the special education rules. IEA will also provide the support for our teachers, support staff and local leaders to ensure that they have a full understanding of the rules. IEA also will be providing model language and bargaining support around the rules changes.

More information will be forthcoming over the next few weeks and months.