Section 226.731  Class Size Provisions for 2007-08 and 2008-09

a)         When a student's IEP calls for services in a general education classroom, the student must be served in a class that is composed of students of whom at least 70 percent are without IEPs, that utilizes the general curriculum, that is taught by an instructor certified for regular (general) education, and that is not designated as a general remedial classroom.

b)         A student shall be considered to require "instructional" classes when he or she receives special education instruction for 50 percent of the school day or more.  Classes for such students shall be subject to the limitations of this subsection (b).

1)         Early childhood instructional classes shall have a maximum ratio of one qualified teacher to five students in attendance at any given time; total enrollment shall be limited according to the needs of the students for individualized programming.

2)         Instructional classes for students who have either a severe/profound disability or multiple disabilities shall have a maximum enrollment of five students.

3)         Instructional classes for children whose primary disability is a severe visual, auditory, physical, speech or language impairment, autism, traumatic brain injury, or an emotional disability or behavioral disorder shall have a maximum enrollment of eight students.

4)         Instructional classes for children whose primary disability is a specific learning disability or that serve children who have different disabilities shall have a maximum enrollment of ten students.  Instructional programs that group students who have different disabilities shall be formulated only under the following circumstances:

A)        The students are grouped in relation to a common educational need; or

B)        The program can be completely individualized and the teacher is qualified to plan and provide an appropriate educational program for each student in the group.

5)         Instructional classes designed for children whose primary disability is moderate visual or auditory impairment shall have a maximum enrollment of 12 students.

6)         Instructional classes for children whose primary disability is mild/moderate cognitive disability shall have a maximum enrollment of 12 students at the primary level and 15 students at the intermediate, middle, junior high, and secondary levels.

7)         A school district may increase the enrollment in an instructional class by a maximum of two students in response to unique circumstances that occur during the school year.  Such additions may be made only when the educational needs of all students who would be enrolled in the expanded program can be adequately and appropriately met.  Alternatively, the district may increase the enrollment in an instructional class by a maximum of five students when a full-time, noncertified assistant is provided.

c)         A student shall be considered to require "resource" classes when he or she receives special education instruction for less than 50 percent of the school day.  Classes for such students shall be subject to the limitations of this subsection (c).

1)         Enrollment shall be limited to the number of students who can effectively and appropriately receive assistance, up to a maximum of 20 students.

2)         The teacher shall participate in determining the appropriate enrollment.

d)         The caseload/class size for any service provider includes each student who receives direct or indirect service, such as consultation services, as delineated in an IEP.

(Source:  Added at 31 Ill. Reg. 9915, effective June 28, 2007)