What You Need to Know About IDEA 2004:
Highly Qualified Special Education Teachers

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"I have an undergraduate and a master's degree in special education. I hold certifications in LD, ED and MR. Do I meet the highly qualified teacher requirements in IDEA 2004?"

If you have a degree or degrees in special education, but not in the academic subjects you teach, you may not be highly qualified. If you teach core academic subjects, you must meet the following requirements to be highly qualified:

* You must have full state certification as a special education teacher or pass your State special education teacher licensing examination and hold a license to teach in the state.

* Your certification or license cannot be waived on an emergency, temporary, provisional basis.

* You must hold at least a bachelor's degree.

* You must demonstrate subject matter competence in the academic subjects you teach. Requirements for Special Education Teachers in IDEA 2004.

Note: The highly qualified teacher requirements are somewhat different for new teachers and veteran teachers, and for elementary, middle school, and high school teachers. (For a complete description of these requirements, read "Chapter 6: NCLB for Teachers, Principals and Paraprofessionals" in Wrightslaw: No Child Left Behind)

IDEA 2004 includes an "Exception for Special Education Teachers Teaching to Alternate Achievement Standards" and "Special Education Teachers Teaching Multiple Subjects" (the full text of the definition of highly qualified special education teacher is in 20 U.S.C. 1401 - Definitions).

How Can a Teacher Demonstrate Competence?

Your degrees are in "special education" which is not a core academic subject.

You may have taken enough courses in the academic subject(s) you teach to meet the highly qualified teacher requirements in your state.

States also have the option of developing a method by which current teachers can demonstrate competency in the subjects they teach. This method must be based on a "high objective uniform state standard of evaluation" (HOUSSE). In essence, these procedures must provide an objective way of determining if teachers have adequate subject matter knowledge in the subjects they teach. There are several requirements about these HOUSSE procedures that are too lengthy and detailed for this general article. (The publications listed at the end of this article will provide you with more information.)

Special Educators Who Do Not Provide Instruction

If you do not provide instruction in core academic subjects - English, reading or language arts, mathematics, science (complete list of core academic subjects), you do not have to meet the highly qualified teacher requirements.

To learn how the law affects you, you need to download and read these publications from the U. S. Department of Education:

Toolkit for Teachers is designed to answer questions about the "highly qualified teacher" provisions, testing, reading, scientifically based research, English language learners, Reading First grants, and safe schools.
www.ed.gov/teachers/nclbguide/nclb-teachers-toolkit.pdf

Highly Qualified Teachers: Improving Teacher Quality Non-Regulatory Guidance - While you may be tempted to pass on this publication from the U. S. Department of Education, we advise you to read it. It will answer many of your questions - and it's clearly written in a Q & A format. (Rev. August 03, 2005)
http://www.ed.gov/programs/teacherqual/guidance.pdf

Improving Teacher Quality answers questions like these:

* Must special education teachers who teach core academic subjects be highly qualified? (Question C-26)

* What activities may special education teachers carry out if they are not highly qualified in the core academic content areas being taught?" (Question C-27)

* Must elementary school subject specialists be highly qualified in all subjects or just the subject they teach? (Question C-28)

* Do teachers who primarily teach English language learners need to meet the highly qualified requirements? (Question C-22)

* Do short- and long-term substitute teachers need to meet the highly qualified requirements? (Question C-24)

As you read about changes in IDEA 2004, you need to remember that Congress intended to align the Individuals with Disabilities Act (IDEA) with the No Child Left Behind Act, the federal general education law. (The full text of the No Child Left Behind Act is in Wrightslaw: No Child Left Behind)

Important Definitions

The term "core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography." (No Child Left Behind Act, 20 U.S.C. Section 7801(11); see pages 65-66 of Wrightslaw: No Child Left Behind)

These definitions are from IDEA 2004 -

(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS.--When used with respect to any public elementary school or secondary school special education teacher teaching in a State, such term means that--

(i) the teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State's public charter school law;
(ii) the teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(iii) the teacher holds at least a bachelor's degree.

(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTERNATE ACHIEVEMENT STANDARDS.--When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under the regulations promulgated under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, such term means the teacher, whether new or not new to the profession, may either--

(i) meet the applicable requirements of section 9101 of such Act for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
(ii) meet the requirements of subparagraph (B) or (C) of section 9101(23) of such Act as applied to an elementary school teacher, or, in the case of instruction above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively teach to those standards.

(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE SUBJECTS.--When used with respect to a special education teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means that the teacher may either--

(i) meet the applicable requirements of section 9101 of the Elementary and Secondary Education Act of 1965 for any elementary, middle, or secondary school teacher who is new or not new to the profession;
(ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under section 9101(23)(C)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
(iii) in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under section 9101(23)(C)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.

Resources

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