6 CAR § 130-1703 – Maximum teacher–pupil caseload

(a) General.

(1) When calculating the number of children being served, each child is counted only one (1) time.

(2) The following chart illustrates the maximum teacher–pupil caseloads for various service settings and disabilities.

	CHART # 2-17 MAXIMUM TEACHER/PUPIL CASELOAD
	REGULAR EDUCATION/ SPECIAL EDUCATION CO-TEACHING CLASSROOM	REGULAR EDUCATION/ SPECIAL EDUCATION INTEGRATED CLASSROOM	*INDIRECT SERVICES	ITINERANT INSTRUCTION	RESOURCE SERVICES	SPECIAL CLASS SERVICES OPTIONS
Noncategorical	****1:30	1:24(2/3 Reg. to 1/3 Spec.)	1:40	1:35	1:25	1:15	1:10	*** 1:6
Categorical			1:40	1:25	1:25	1:15	1:10	*** 1:6
**1. Speech/Language Impairment			1:45	1:45
2. HearingImpairment				1:20	1:15
3. VisualImpairment				1:20	1:15

* See subsection (g) of this section for additional information regarding part-time teacher/pupil caseload. ** When a Speech/Language Pathologist has an approved Speech/Language Pathology Aide or Assistant the maximum caseload is left to the discretion of the Speech/Language Pathologist. *** For a classroom with a 1:6 teacher/pupil caseload, a full-time paraprofessional is required. **** See 6 CAR § 130-1706(d)(2) for part-time co-teacher.

(b) Exceptions to the stated maximum teacher–pupil caseloads.
1. (1) For each child receiving special class services within a resource setting, not to exceed a total of three (3) children, the maximum teacher–pupil caseload will be reduced by one (1) child.
2. (2)
  1. (A) Up to a maximum of five (5) children may receive resource services in a self-contained classroom with a teacher–pupil caseload of 1:15.
  2. (B) Each child receiving resource services, up to the maximum of five (5) resource children, count the same as a self-contained child for figuring total teacher–pupil caseload, not to exceed an overall caseload of fifteen (15) children.
3. (3) For each child with a hearing impairment receiving services on a noncategorical basis in a resource setting, the teacher–pupil caseload will be reduced by two (2) children.
4. (4) For each child receiving braille instruction from an itinerant instructor, the maximum teacher–pupil caseload will be reduced by two (2) children.
(c) Waiver of the maximum teacher–pupil caseload.
1. (1)
  1. (A) Should an emergency situation arise creating the need to request a waiver from the maximum teacher–pupil caseload, the public agency must submit a letter to the Administrator for Monitoring and Program Effectiveness of the Division of Elementary and Secondary Education stating the reason or reasons for exceeding the maximum teacher–pupil caseload and outlining a plan to correct the problem.
  2. (B) The administrator will respond in writing, either approving or disapproving the variance.
2. (2) A ten percent (10%) variance (upward caseload adjustment) of the maximum teacher–pupil caseload is the maximum variance approvable before federal funding is affected. Example: The noncategorical resource setting teacher–pupil caseload is 1:25 with a ten percent (10%) allowable variance equal to 2.5. When approved, this teacher–pupil caseload may then increase to 1:28. For a special class setting with a maximum teacher–pupil caseload of 1:15, a ten percent (10%) variance equals 1.5. When approved, the teacher–pupil caseload may increase to 1:17.
3. (3)
  1. (A) Prior to approval of the ten percent (10%) variance, a full-time paraprofessional must be employed for that class by the requesting district.
  2. (B)
(i) For a 1:6 special class setting, a full-time paraprofessional is already required.
1. (ii) Therefore, an additional paraprofessional must be employed before a district’s waiver will be approved.
2. (4)
  1. (A) If a district fails to secure approval for a variance of the teacher–pupil caseload, yet exceeds the teacher–pupil caseload as stated on the Maximum Teacher/Pupil Caseload Chart contained in this section, the district’s special education program will not be considered an approved program.
  2. (B) Consequently, federal funds cannot be generated by the nonapproved program.
3. (5) Under no circumstances will a waiver be granted for an increase in maximum teacher–pupil caseloads for speech-language pathologists (SLP) unless the speech-language pathologist has an approved SLP assistant or SLP aide.
4. (6) Special education personnel serving children in indirect services will not be granted any waivers of the maximum teacher–pupil caseloads.
  1. (d) Teacher–pupil caseload — Per period class size.
5. (1) For itinerant instruction (excluding speech therapy) and resource services, a maximum of five (5) children per period is the guideline.
6. (2) Where scheduling does not permit an even flow of five (5) children per period, the number served should be as near to five (5) as possible.
7. (3)
  1. (A) Districts will not be cited for noncompliance with state standards when the per period class size is eight (8) children without a paraprofessional.
  2. (B) However, the adopted guideline of five (5) children per period is considered to be the best educational practice and should be adhered to whenever possible.
(e) Exceptions to the adopted guideline of five (5) children.
1. (1) When the special education teacher teaches one (1) class per day in the area of personal/social adjustment as a prevocational or vocational class, the per period load may be adjusted upward not to exceed the maximum caseload.
2. (2)
  1. (A) When the teacher has a paraprofessional to assist in follow-through activities, the per period class load may be adjusted upward not to exceed forty percent (40%) of the teacher–pupil caseload listed on the Maximum Teacher/Pupil Caseload Chart contained in this section.
  2. (B) For example, the per period load may be increased to ten (10) children for noncategorical resource classes.
3. (3) The number of children served per period may not be increased beyond the allowable adjustments noted in the two (2) exceptions in subdivisions (e)(1) and (2) of this section regardless of the approved maximum caseload, inclusive of waivers granted.
4. (4)
  1. (A) When special education class services are delivered in a departmentalized manner (configured to group children by specific deficit areas, including but not limited to, course/subject content areas), under no circumstances will the teacher’s total number of child contacts per day be allowed to exceed forty-eight (48) different children.
  2. (B) Guidelines for per period class size apply to departmentalized service delivery.
5. (5) The per period class size must be reduced when the square footage of the classroom is less than stated facility requirements.
(f) Noncategorical classrooms.
1. (1)
  1. (A) At any time children with differing disabilities may be provided services within the same setting.
  2. (B) For example, children with mild disabilities across categories of disability served within the same service setting, and children with moderate to severe disabilities across disability categories may be served within the same service setting.
2. (2) Such a setting is designated as a noncategorical class.
3. (3) Refer to the Maximum Teacher/Pupil Caseload Chart to determine the caseload for such classes.
(g) Indirect instructional services caseload.
1. (1) Full-time consulting teacher.
  1. (A) The maximum teacher–pupil caseload for a full-time consulting teacher is 1:40.
  2. (B) For the full-time consulting teacher, the following apply:
    1. (i) May serve only children with disabilities on indirect services in accordance with an IEP;
    2. (ii) May not serve any children with disabilities receiving resource services;
    3. (iii) May not receive a waiver or approval for a variance on the maximum caseload (cap) of forty (40) children; and
    4. (iv) A paraprofessional is recommended, but is not required.
2. (2) Half-time resource/half-time consulting teacher.
  1. (A) The maximum teacher–pupil caseload for this teacher is thirty-two (32) children.
  2. (B) The caseload composition is a maximum of twelve (12) resource children and twenty (20) indirect children.
  3. (C) The following apply:
    1. (i) May not seek a waiver for a ten percent (10%) variance from the maximum caseload; and
    2. (ii) A paraprofessional is recommended, but is not required.
3. (3) Part-time resource/consulting teacher.
  1. (A)
    1. (i) In this situation, a resource teacher may serve children on indirect by adjusting the resource room caseload.
    2. (ii) The resource teacher may swap resource children for indirect children at the ratio of two (2) indirect for each resource child, up to a maximum of fourteen (14) indirect children.
    3. (iii) A swap of more than this increases the caseload more than what is allowable for a teacher who is half resource and half consulting teacher.
    4. (iv)
(a) (a) This combination of resource/consulting teacher is particularly helpful for school districts where the population of children with disabilities is small and staff are fewer in number to serve these children.
(b) (b) Thus, a mixed service pattern is allowable.
1. (B)
  1. (i) The maximum teacher-pupil caseload for the part-time resource/consulting teacher described above is thirty-two (32) children.
    1. (ii) The caseload composition is a maximum of eighteen (18) resource children and fourteen (14) indirect children.
    2. (iii) The following apply:
(a) (a) May not seek a waiver for a ten percent (10%) variance from the maximum caseload; and
(b) (b) If more than fourteen (14) children need indirect services and this teacher is the only one available to provide the services, then the teacher must convert to the half-time resource/half-time consulting teacher status, and its maximum caseload requirements must be followed (twelve (12) resource children and twenty (20) indirect children for a total caseload of thirty-two (32)).
1. (4) Half-time direct/half-time indirect speech-language pathologist.
  1. (A) The maximum teacher–pupil caseload for this split position is forty-five (45) children.
  2. (B) The caseload composition is a maximum of twenty-five (25) children on direct services and twenty (20) children on indirect services.
  3. (C) The following apply:
    1. (i) The maximum caseload of twenty-five (25) children receiving direct speech therapy services is a maximum, not a minimum;
    2. (ii) May not seek a waiver for a variance on the maximum caseload of forty-five (45) children; and
    3. (iii) An SLP assistant or aide is recommended, but is not required.