Special Education Rules

A move by the Illinois State Board of Education (ISBE) to modify existing rules governing special education is generating a great deal of controversy throughout the state. ISBE has proposed new rules to implement changes to the Individuals with Disabilities Act reauthorization of 2004. Three areas of controversy are; class size requirements for children enrolled in special education classes, timelines to complete case study evaluations and Response to Invention (RTI). Final comments on these proposed rules were received on 9/15/06 and will be considered by ISBE at a meeting on 9/20-21/06. The proposed rule changes are problematic for many because although the changes are driven by federal legislation, the federal government does not establish rules to govern its laws. I feel that ISBE is rushing to adopt rules to fix things that are not in need of fixing. The potential increased cost for additional teachers could be catastrophic.

The larger part of the special education issue is FUNDING. Although special education services are mandated by the state and federal government, these entities do not adequately fund these required services leaving the local school systems that are already strained by tax caps and limited state support to bear most of the cost for these much needed services to disabled children. The federal government has a target to fund 40% of the costs of these programs but currently funds less than 20% of the costs through a variety of grants. The State of Illinois also is notorious for its lack of support for public education in general and special education in particular. Illinois ranks near the bottom in state support of public schools and funds special education personnel on a formula last revised in 1985. The reimbursements for “extraordinary costs” associated with special education have dropped dramatically since 2004 when the reimbursement formula was changed to a block grant formula that gives the City of Chicago 29% of the funds right off the top. Costs for special education programs easily can rise to four times the cost of a regular education student. Most local schools easily expend $3 or $4 for every dollar of reimbursement they receive from the state and federal governments. These necessary expenditures place a great burden on local school districts.

I will share more on school funding in general in a future entry.