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| To: |
District and County Superintendents |
| From: |
Dr. Alice D. Parker,
Director
Special Education
Division |
| Subject: |
Class Size Reduction Update |
All indications are that
the Class Size Reduction (CSR) Program in California is working
well for students in grades kindergarten through three. More students
are participating this year, and satisfaction with this program
has been high and will continue to increase, according to all projections.
When the CSR Program was first implemented, there
were many questions related to the effect of this program on students
with special needs. Many of these concerns have been addressed and
any problems resolved as the program continues to grow, and needed
adjustments are made by local schools and districts. However, there
are still some questions being asked, and it is important to remember
that both federal and state laws guarantee that the needs of students
with disabilities are met and that these students participate in
the regular education program to the maximum extent that is appropriate
for that individual.
The basis for determining the appropriate placement
and services is the student's Individualized Education Program,
known as the IEP. The IEP specifies the extent to which the student
participates in the regular class and the amount of time. Therefore,
questions have arisen regarding whether or not these students are
to be counted as part of the CSR Program. However, it must be remembered
that no student with a disability may be denied the benefits of
an appropriate educational placement, and that the IEP is the determining
factor based on individual needs.
The basic rule for CSR permits no more than 20
students in a classroom. SDC students, however, may participate
in the regular class for any part of the school day as the 21st
student (the student does not qualify for CSR funding, but does
not jeopardize the CSR funding for the rest of the class) or as
the 20th student (does qualify for CSR funding). This is a local
district policy decision that is to be implemented consistently
throughout the district.
Resource Specialist Pupils (RSP)
Education Code
Section 56362(e) states that these pupils are assigned to regular
classroom teachers for a majority of the school day, meaning 50%
or more of the instructional day. Therefore, these students are
counted as part of the 20:1 ratio for the CSR Program. They will
usually receive specialized instruction and services from a Special
Education teacher, for a specified period of time and in specific
instructional areas, as determined by the IEP. These services can
be in the regular classroom or in a separate classroom.
Designated Instruction and Services (DIS)
Education Code
Section 56363 states that Designated Instruction and Services (DIS),
shall be available as necessary for the pupil to benefit from his
or her instructional program. These services can be provided to
students who are in the regular classroom full time and need these
services or they can be provided to students who are in the Resource
Specialist Program or the Special Day Class and need this specialized
instruction. If the student is in the regular education classroom
for the majority of the day and receives DIS services in addition
to this, or if this student is also receiving RSP services, but
continues to receive the majority of his instruction in the regular
classroom, he/she will be counted as part of the 20:1 ratio. Some
students receive only DIS services and receive their academic instruction
in the regular class. An example of this would be Speech Therapy.
Other students may receive RSP assistance, along with a DIS service,
but they still receive the majority of their instruction in the
regular education class. Again, the services and amount of time
specified in the student's IEP are the determining factors.
Special Day Classes (SDC)
Special Day Class (SDC)
Pupils who attend a general education classroom for all or any part
of the day (mainstreaming or inclusion) may or may not be counted
as part of the CSR Program as determined by local policy. The policy
may be to include the SDC pupils in the 20:1 count and receive CSR
funds, or the policy may be to not include the SDC pupils who attend
a regular education classroom and not receive funds. Regardless
of the policy chosen, it must be applied consistently, and it must
be auditable. If an SDC pupil is not counted as part of the CSR
Program, that student is still allowed to attend the regular class,
as determined by the student's IEP, without jeopardizing the funding
received by the district for the 20:1 class in the CSR Program.
Special Day Class pupils who attend a special day
class full-time are not counted in the 20:1 and are not eligible
for CSR funds. The special day class is ineligible for CSR Program
funding.
Students in Nonpublic Schools, Home Instruction, or Hospital Instruction
Although these are a part
of the continuum of program options available to students with special
needs (Education Code 56361), these students do not participate
in the regular education classroom and do not participate in the
CSR Program. Instructional time in these programs is determined
by the IEP, and is often, in the case of home or hospital instruction,
for a specific amount of minutes per day, which would be less than
50% of the day.
Some other issues have arisen regarding the effect
of the CSR Program on Special Education, and solutions are often
determined by the local school district. These include the following:
-
Movement of Resource Specialist Programs
and Designated Instruction and Services programs to smaller
rooms or facilities with inadequate space.
Because of the need for more classrooms to accommodate the smaller
classes, some Resource Specialist Programs and DIS services
are being moved to facilities that were not previously used
for actual instruction. This is not acceptable if the program
in the student's IEP can not be appropriately implemented in
the smaller space. LEAs need to ensure that students receive
services as stated in the IEP, which includes the space necessary
to implement the goals and objectives agreed upon. It may also
mean services are to be delivered in a group of a specified
number of students, which requires a certain amount of space
or certain materials to implement the IEP.
An additional concern noted here is that students with disabilities
are provided equal access to activities and programs available
to students without disabilities. If access is not available,
or the program is located at a different site where regular
education classes are not operated, this may be in violation
of federal and state laws.
- Some Special Day Classes have more than 20 students enrolled,
therefore making that class larger than the kindergarten through
third grade classes that are part of the CSR Program. As a result
some teachers are opting to return to the regular classroom
where they have less students and students without disabilities.
While caseloads for resource specialists are established at
28 students (Education Code Section 56362(c)), with
waiver provisions as described in Education Code Section
56101, there is presently no legal class size limit for Special
Day Class students. However, again, the IEP must be reviewed
to be sure that the appropriate, agreed upon, program can be
provided. It is also a goal that all teachers will receive proper
support and reasons to remain in Special Education.
- Some students are being placed in Special Day Classes instead
of Resource Specialist Programs due to the numbers of students
in the primary grades, or the opposite is happening where students
are being placed in Resource Specialist Programs to increase
the numbers and add more classes in kindergarten through grade
three.
It is necessary to remember that a complete continuum of program
options shall be available to all students with exceptional
needs, and this is required by federal law. All options must
be considered at the IEP meeting, and rationale given for the
program or services chosen for that particular student. The
IEP team must make the final decision based on the student's
assessed needs, and the parent must also agree to the placement
and services provided.
In summary, it appears that the CSR Program offers
some needed services to all students, and the program is meeting
many of these needs. It should also offer more opportunities for
regular and special education teachers to interact and share their
areas of expertise, which will benefit students in both special
education and regular education classes. As problems develop, as
they do with any new program, it is hoped that local districts will
consider the needs of students with special needs and endeavor to
share information on resolving these problems with others that are
having the same experiences.
For more information
related to the CSR Program, please contact Shannon Farrell-Hart at (916)
323-3923. For more information related to Special Education issues
please contact Michael Warych at (916) 327-4222.
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