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Case Load assigned to a Special Ed teacher

There are no administrative rules that address caseload or class size for special education. However, the school district is obligated to provide the special education personnel necessary to ensure that students with disabilities receive a free, appropriate public education in accordance with their IEPs.

Special education instruction must be provided using "qualified" personnel as stated in Administrative Rule (ARM) 10.16.3136. And, in accordance with ARM 10.55.715(b), "instructional aides assigned to assist students with special education needs shall be under the supervision of the teacher or other professional designated as primarily responsible for instructional planning of the student. The designated professional has the responsibility to provide regularly scheduled communication and direction to the instructional aide and not to delegate any activity to the instructional aide that requires professional skill, knowledge and judgment."

At one time there were Administrative Rules that addressed caseload and classroom sizes. The ARMs were necessary under the old state special education funding model because they were used to determine the amount of state funds provided to a school district based on the count of students with disabilities. Under the new funding model, funds are provided based on the enrollment of all students. In order to determine the number of personnel necessary to provide special education services, it would be necessary for the district to know the amount of time and frequency of special education and related services needed by the students based on their IEPs.

Because districts' needs differ, there is no general answer except to say that it is necessary to provide services in accordance with student IEPs and in compliance with state and federal regulations.

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