Opinion
No. 92 C 3409
February 27, 2001
Paula Giroux, On behalf of the Illinois State Board of Education.
Kathleen Gibbons, Attorney for the Chicago Board of Education.
John S. Elson, Attorney for Plaintiffs
AGREED ORDER
In order that the reforms to the Illinois teacher certification structure required by the Court's Orders of February 19, 1998 and September 12, 2000, by the Monitor's decision of June 22, 2000 and by the Settlement Agreement between the plaintiffs and the Illinois State Board of Education ("ISBE") go into effect during the 2001-02 school year, the parties agree and the Court Orders that ISBE will do the following:
1. No later than seven days following the date of this Agreed Order, ISBE will issue in a public manner its proposed Rules for the Transition to New Certification Structure ("Transition Rules"). The Transition Rules will consist of those rules needed in order to implement effectively the portions of the Standards for Certification in Special Education ("Standards") that this Court ordered the ISBE to implement in its Order of February 27, 2001. The Transition Rules will describe procedures for current and new teachers to acquire and maintain the special education certification designations that are reflected in the Standards. The parties acknowledge that additional transition rules may be necessary to implement those portions of the Standards which will apply to current and future teachers that are not addressed by these Transition Rules.
2. Along with the dissemination of the proposed Transition Rules, ISBE will notify the general public of the means by which comments on the Transition Rules may be submitted to the ISBE. As part of this process, ISBE will announce the dates, times and locations of public meetings at which ISBE will receive comments from the public. Said meetings will be held within 40 days of the entry of this Order.
3. Whether or not ISBE modifies its proposed Transition Rules based on public comments, ISBE will within three weeks after the end of the public comment period submit to all parties and the Monitor its Final Certification Proposal for Transition Rules for the parties' review pursuant to Paragraph 29(d) of the Settlement Agreement between plaintiffs and ISBE.
4. Either on the basis of the agreement of the parties or on the basis of a ruling resolving the parties' disagreements pursuant to the Paragraph 29(d) review process, the Court will Order the implementation of those rules as well as their dissemination. 5. ISBE will keep the parties and the monitor fully informed of the steps it is taking to carry out this Order. 6. In light of a) the ISBE's position that it retains its right to appeal the Court's Order resulting from the Paragraph 29(d) review process and b) the Plaintiffs' and the Chicago Board of Education's position that on the basis of prior agreement, all parties have waived their rights to appeal the Court's Orders resulting from the Paragraph 29(d) review process, the Court recognizes the parties' reservation of their respective rights on the issue of appealability. 7. This matter is set for status on May 11, 2001 at 10:00 a.m.
APPROVED:
ORDER
Following a trial in October 1997, on February 19, 1998, this court issued a memorandum opinion and order, Corey H. v. Board of Education, 995 F. Supp. 900 (N.D.Ill. 1998), which held, in part, that the segregated system of educating children with disabilities in Chicago by categories of their disabilities violated the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. The court ordered the Illinois State Board of Education ("ISBE") to act "with all deliberate speed" to correct the violations found. The court also found that the certification of teachers by categorical labels associated with particular disabilities was contrary to the mandate of the IDEA to educate children with disabilities in the least restrictive environment ("LRE"). The court ordered ISBE "to ensure that teacher certification in Illinois complies with rather than contradicts the LRE mandate."
In December 1998, the court held an evidentiary hearing on remedies. Thereafter, the parties entered into a Settlement Agreement, which was approved by the court at a fairness hearing on June 18, 1999. In the Settlement Agreement, ISBE agreed to propose by January 1, 2000, a special education teacher certification system which complied with the court's order. During 1999, the ISBE sought diverse perspectives on the redesign of the certification system, including soliciting on a statewide basis comments and questions from parents, teachers, school officials, professional organizations, and advocates. During the last six months of 1999, the ISBE's efforts included the formation of advisory panels composed of diverse individuals to develop recommendations for a new certification system. The ISBE published a report on the advisory panels' recommendations and held hearings throughout the state regarding those recommendations. The ISBE also sought consultation from the State Teacher Certification Board and with a "Blue Ribbon Committee," which included representatives of professional organizations and other educators, the Illinois Advisory Council on the Education of Children with Disabilities, teacher educators, and parents. At the June 1999 fairness hearing on the Settlement Agreement, it was clear that adopting a new special education teacher certification system would be controversial.
The ISBE transmitted its Final Certification Proposal to the court on March 17, 2000. Pursuant to Paragraph 29(d) of the Settlement Agreement, if a party objects to any ISBE Final Certification Proposal, that party may petition the court-appointed Monitor within 30 days of receipt of the final certification proposal. On April 17, 2000, the plaintiffs submitted such a petition to the Monitor, objecting to many aspects of the ISBE's March 17 Final Certification Proposal. At the heart of the plaintiffs' objections was the concern that the ISBE proposal was so general that it could be implemented in ways that exactly replicate the existing categorical certification system.
In a decision dated June 22, 2000, the Monitor accepted the ISBE's basic certification framework, but ordered a series of specific directives including the promulgation of two administrative rules, to be submitted as peremptory rules to the Joint Committee on Administrative Rules ("JCAR") under 5 ILCS/5-125. On August 25, 2000, ISBE submitted its Standards for Certification in Special Education to the parties as a final certification proposal subject to the Paragraph 29(d) review. On September 12, 2000, this court affirmed the Monitor's June 22, 2000, Decision, rejecting appeals from both the ISBE and the plaintiffs.
In compliance with the court's September 12, 2000, order, the ISBE filed two rules that became immediately effective through the state peremptory rulemaking process. First, the ISBE's October 12, 2000, peremptory rule struck a phrase in Appendix C to 23 Ill. Adm. Code 25 as follows:
Individuals who receive Standard Special, Elementary and/or Secondary certificates will receive on those certificates the same endorsements they currently hold.
Holders of Standard Special Certificates may exchange them for either a Standard Special or both a Standard Elementary and Standard Secondary. If they choose the Standard Elementary and Standard Secondary Certificates, they will not be qualified to teach self-contained general education classrooms, but will receive on those certificates only the endorsements they hold. (For example, a holder of a special certificate endorsed for a particular subject area may teach only in that subject area,and a holder of a certificate endorsed for serving students with a specific disability may serve only in a classroom serving such students.)They will have the option of adding onto the elementary and secondary certificates any other endorsements for which they qualify.
Second, the ISBE's October 26, 2000, peremptory rule adopted the Standards for Certification in Special Education.
On January 9, 2001, JCAR suspended the October 26, 2000, rule on the Standards for up to 180 days. At the court's request, the parties submitted briefs regarding the court's authority to issue the standards in spite of JCAR's suspension. Over the past several weeks, the court, the Monitor, and the parties have had a series of settlement conferences to discuss these matters, including one which, at the request of the ISBE and with the consent of all parties, involved four members of the Illinois General Assembly. On February 21, 2001, JCAR suspended for up to 180 days the peremptory rule amending Appendix C to 23 Ill.Adm. Code 25.
In light of the above facts, it is hereby ordered:
1. ISBE shall strike the following phrase from Appendix C to 23 Ill.Adm. Code 25: ". . . and a holder of a certificate endorsed for serving students with a specific disability may serve only in a classroom serving such students." The amended paragraph will then be implemented as follows:
Holders of Standard Special Certificates may exchange them for either a Standard Special or both a Standard Elementary and Standard Secondary. If they choose the Standard Elementary and Standard Secondary Certificates, they will not be qualified to teach self-contained general education classrooms, but will receive on those certificates only the endorsements they hold. (For example, a holder of a special certificate endorsed for a particular subject area may teach only in that subject area). They will have the option of adding onto the elementary and secondary certificates any other endorsements for which they qualify.
2. The ISBE shall implement the Standards for Certification in Special Education that it filed as peremptory rules to JCAR on October 26, 2000.
3. This court reserves ruling on ISBE's draft rules for implementation of the Standards for Certification in Special Education in light of the ongoing negotiations by the parties regarding the development of those and other rules that may be necessary to comply with the court's February 19, 1998, Order.