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U-46 appeals bilingual waiver decision

Elgin Area School District U-46 is asking the General Assembly to override a state board of education decision denying the district's request to exceed class-size limits for students learning English.

The state board voted Jan. 14 to reject the request, upholding state law that caps bilingual classes at 90 percent of a district's average general education student-teacher ratio.

The district wants to increase bilingual education class sizes to that of the average student-teacher ratio in general education classes, a move estimated to save $500,000. Right now, according to district data, the average U-46 general education elementary class has approximately 23 students. Bilingual elementary class sizes have about 18 students.

The district expects staff cuts and class-size increases next year as it tries to slash $40 million from its budget.

In its initial request for an exemption to the bilingual class limits, U-46 claimed the cost of complying with state regulations is exceeding the amount of money allocated for the program. The district will spend $29.9 million on bilingual education this year, but receives only one tenth of that through state and federal funding.

Yet in a memorandum about the waiver, State Superintendent Christopher Koch wrote that U-46 will receive approximately $270,500 more in state and federal bilingual funds in 2010 than it did in 2009. On top of that, in the past seven years U-46 has failed to spend all of its federal funds, carrying some over every year.

Granting the waiver, "could have a negative impact on a student population that is already struggling and deemed at risk," Koch said. He also noted that research suggests small class sizes is one surefire way to shrink the achievement gap.

On 2009 state report cards, only 45.9 percent of U-46 students learning English met state standards for reading. The target was 70 percent.

U-46 attorney Pat Broncato has pointed out that the district doesn't get the full amount of state money that it is owed every year. In Fiscal Year 2009, it only got 66 percent of a promised $3.5 million in funds. On top of that, Broncato said, the federal money is restricted for very specific purposes.

The General Assembly has 60 days from the time the House and the Senate have each convened to act on the request. If lawmakers fail to vote on it by then, the waiver automatically is approved.

Since the current waiver process began in 1995, there have been just five appeals to the General Assembly, state board spokeswoman Mary Fergus said. The most recent was submitted in 2003. The legislature approved just two of the five requests.