Special Education Mandates: A Preliminary Report.

Overview & Synopsis

The report examines Illinois mandates affecting special education, as part of a five part study to eliminate unnecessary or unproductive mandates and increase local decision making, while still safeguarding equal educational opportunity. The first section outlines the major study assumptions, mandate questions, and research methodology. Legislative histories of both state and federal special education are reviewed. The next section, the main part of the document, examines five major questions (sample subtopics in parentheses): Should there be a mandate for special education? (arguments concerning costs and benefits, uncontrollable programs, and social consciousness); Who should be served by special education? (ages, categories, expulsion, and suspension); What special education services should be provided? (continuum of program options, least restrictive environment); Who should be responsible for providing special education services? (joint agreements, state board of education); and How should the state regulate its interest in special education? (class size, age range groupings, due process, individualized education programs). Findings and conclusions offered include that the mandate for special education reflects a compelling state interest in equal opportunity; that clarification is needed for the concept of related services; and that the State Board of Education's current regulations and procedures are in need of immediate simplification. Recommendations are made for increasing local decision making and reducing paperwork requirements. (CL)