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92_HJ0030 LRB9208713NTsb 1 HOUSE JOINT RESOLUTION 2 WHEREAS, On October 12, 2000, the State Board of 3 Education adopted an amendment by peremptory rulemaking for 4 rules entitled "Certification" (23 Ill. Adm. Code 25; 24 Ill. 5 Reg. 16109); and 6 WHEREAS, The peremptory amendment adopted by the State 7 Board of Education repeals a rule limiting special education 8 teachers with certificates endorsed for specific disabilities 9 to teaching only students with those disabilities; and 10 WHEREAS, This rulemaking is in response to a court order 11 issued on September 12, 2000 in Corey H., et al., v. Board of 12 Education of City of Chicago, et al., No. 92 C 3409 (9/12/00, 13 U.S. District Court for the Northern District of Illinois, 14 Eastern Division); among the dispositions by the 15 court-appointed monitor was a requirement that the State 16 Board of Education repeal, via peremptory rulemaking, 17 categorical certification language from 23 Ill. Adm. Code 25, 18 Appendix C; and 19 WHEREAS, The Joint Committee on Administrative Rules, 20 during its review of the peremptory rulemaking as directed by 21 the Illinois Administrative Procedure Act, determined that 22 the continued enforcement of this rulemaking would constitute 23 a serious threat to the public interest, safety, and welfare 24 and particularly the welfare of this State's special 25 education students; implementation of this rulemaking may 26 result in unqualified teachers being assigned to students for 27 whom the teacher has no training or preparation; and 28 WHEREAS, Based on this determination, the Joint Committee 29 on Administrative Rules suspended this rulemaking; and 30 WHEREAS, Because Section 5-125 of the Illinois 31 Administrative Procedure Act states that a suspension of an -2- LRB9208713NTsb 1 agency's peremptory rulemaking is effective for a period of 2 at least 180 days, the suspension issued by the Joint 3 Committee on Administrative Rules, which commenced on 4 February 21, 2001, will terminate on August 19, 2001, unless 5 continued by the adoption of this joint resolution by both 6 houses of the General Assembly as provided in subsection (c) 7 of Section 5-125 of the Illinois Administrative Procedure 8 Act; and 9 WHEREAS, On October 27, 2000, the State Board of 10 Education adopted new rules through a second peremptory 11 rulemaking entitled "Standards for Certification in Special 12 Education" (23 Ill. Adm. Code 28; 24 Ill. Reg. 16738); and 13 WHEREAS, The peremptory rules adopted by the State Board 14 of Education create 2 categories of special education 15 teachers, Learning Behavior Specialist (LBS) I and II, and 16 create a common core of standards for all special education 17 teachers and specific content-area standards for LBS I (deaf 18 or hard-of-hearing, blind or visually impaired, or a 19 combination of both) and LBS II (speech-language 20 pathologists, early childhood special education teachers, and 21 learning behavior specialists); LBS II persons can be further 22 categorized as specialists, i.e., as a transition specialist, 23 technology specialist, bilingual special education 24 specialist, blind specialist, behavior intervention 25 specialist, curriculum adaptation specialist, or multiple 26 disabilities specialist; and 27 WHEREAS, The standards will affect both special education 28 teachers and the academic programs that prepare them; 29 beginning on July 31, 2002, special education teacher 30 preparation programs will be not approved by the State Board 31 of Education if they do not include these new common core 32 standards; beginning on January 1, 2003, any examination 33 required for special education certification must assess the -3- LRB9208713NTsb 1 candidate's competence in relation to these standards; for 2 each category of special education (deaf, early childhood, 3 etc.), a teacher must understand the foundations of special 4 education, characteristics of the relevant category of 5 students, assessment procedures, instructional planning and 6 delivery, learning environments, collaborative relationships, 7 professional conduct and leadership, and reflection and 8 professional growth; and 9 WHEREAS, This second peremptory rulemaking is in response 10 to the court order in which the State Board of Education was 11 directed to adopt the peremptory rules for special education 12 teacher certification standards; and 13 WHEREAS, The Joint Committee on Administrative Rules, 14 during its review of the second peremptory rulemaking as 15 directed by the Illinois Administrative Procedure Act, 16 determined that the continued enforcement of this rulemaking 17 would constitute a serious threat to the public interest and 18 welfare and that the reasons for the suspension are as 19 follows: 20 (1) educational professionals have argued that the 21 teacher training scenario outlined in this rulemaking 22 will result in teachers who are not as qualified to teach 23 children with special needs as are teachers trained under 24 the previous standards; 25 (2) the rules place an unreasonable economic burden 26 on special education teachers, who will be required to 27 undergo additional training for the new certification, on 28 school districts, which will need to hire special 29 education teachers with appropriate credentials and to 30 supply supplemental services to assist the children with 31 disabilities in regular classroom instruction, on higher 32 education facilities, which will need to revamp their 33 teacher preparation programs to implement these new -4- LRB9208713NTsb 1 special education common core standards, and on the State 2 Board of Education, which is charged with implementing 3 the new certification program standards; and 4 (3) the economic hardship being created by this 5 rulemaking could result in the availability of fewer 6 qualified teachers to serve special education students; 7 and 8 WHEREAS, Based on this determination, the Joint Committee 9 on Administrative Rules suspended the second peremptory 10 rulemaking; and 11 WHEREAS, Because Section 5-125 of the Illinois 12 Administrative Procedure Act states that a suspension of an 13 agency's peremptory rulemaking is effective for a period of 14 at least 180 days, the suspension issued by the Joint 15 Committee on Administrative Rules, which commenced on January 16 9, 2001, will terminate on July 7, 2001, unless continued by 17 the adoption of this joint resolution by both houses of the 18 General Assembly as provided in subsection (c) of Section 19 5-125 of the Illinois Administrative Procedure Act; 20 therefore, be it 21 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 22 NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 23 SENATE CONCURRING HEREIN, that the General Assembly hereby 24 continues the 2 suspensions issued by the Joint Committee on 25 Administrative Rules on January 9, 2001 and February 21, 26 2001, respectively, of the State Board of Education's 2 27 peremptory rulemakings titled "Standards for Certification in 28 Special Education" (23 Ill. Adm. Code 28; 24 Ill. Reg. 16738) 29 and "Certification" (23 Ill. Adm. Code 25; 24 Ill. Reg. 30 16109); and be it further 31 RESOLVED, That suitable copies of this resolution be 32 delivered to the Executive Director of the Joint Committee on -5- LRB9208713NTsb 1 Administrative Rules and to the State Superintendent of 2 Education.
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