Highly Qualified Teachers, Section 602(10) of S. 1248/H.R. 1350

We were interested in this new highly qualified teachers provision, since the version of RS 1248 reported out by the Senate rewrote this section. The IDEA in effect right now (IDEA 1997) does not contain a definition of "highly qualified teachers."

H.R. 1350, the House bill, adds a brief definition of highly qualified teachers to the IDEA:

(9) HIGHLY QUALIFIED.-The term Indian means an individual who is a member of an Indian tribe‘highly qualified’ has the same meaning as that term in section 9101 of the Elementary and Secondary Education Act of 1965.

 

S. 1248 contained a more extensive definition of Highly Qualified when the bill was approved by the Committee in June 2003. RS 1248, the bill reported out in Nov. 2003, changed the June SENATE bill this way:

(10) Highly qualified; consultative services.

(A) Highly qualified.HIGHLY QUALIFIED- The term `highly qualified', w means the following:

(A) ALL SPECIAL EDUCATION TEACHERS- When used with respect to any person employed as apublic elementary school or secondary school special education teacher teaching in a State, means athat the teacher who

(i)(I) except as provided in clauses (iii) and (iv), for teachers who are new to the profession, meets the definition of that term in section 9101(23) of the Elementary and Secondary Education Act of 1965, includingholds at least a bachelor's degree and that--

(i) the teacher has obtained full State certification or licensure as a special education teacher through a State-approved special education teacher preparation program (including certification or licensure obtained through State or local educational agency approved alternative routes to certification) or other comparably rigorous methods, or passed the State teacher special education 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 statute on public charter schools; or

(II) except as provided in clauses (iii) and (iv), for teachers who are not new to the profession, has passed a State-approved special education licensing or certification examination, and holds a license or is certified to teach special education in such State, 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 statute on public charter schools.

(ii) does not haveschool law;

(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis;

(iii) if the teacher and

(iii) the teacher demonstrates knowledge of special education and the teaching skills necessary to teach children with disabilities.

(B) NEW ELEMENTARY SCHOOL SPECIAL EDUCATION TEACHERS- When used with respect to a special education elementary school teacher who is new to the profession, means that the teacher demonstrated, by passing a rigorous State test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum).

(C) NEW MIDDLE SCHOOL AND SECONDARY SCHOOL SPECIAL EDUCATION TEACHERS- When used with respect to a special education middle school or secondary school teacher who is new to the profession, means that the teacher has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by--

(i) passing a rigorous State academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a State-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or

(ii) successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing.

(D) VETERAN SPECIAL EDUCATION TEACHERS- When used with respect to an elementary school, middle school, or secondary school special education teacher who is not new to the profession, means that the teacher has--

(i) met the applicable standard in subparagraph (B) or (C), which includes an option for a test; or

(ii) has demonstrated competence in all the academic subjects in which the teacher teaches based on a high objective uniform State standard of evaluation for special education teachers that--

(I) is set by the State for both grade-appropriate academic subject matter knowledge and special education teaching skills;

(II) is aligned with challenging State academic content and student academic achievement standards and developed in consultation with special education teachers, core content specialists, teachers, principals, and school administrators;

(III) provides objective, coherent information about the teachers' attainment of knowledge of core content knowledge in the academic subjects in which a teacher teaches;

(IV) is applied uniformly to all special education teachers who teach in the same academic subject and the same grade level throughout the State;

(V) takes into consideration, but is not based primarily on, the time the teacher has been teaching in the academic subject;

(VI) is made available to the public on request; and

(VII) may involve multiple objective measures of teacher competency.

(E) TEACHERS PROVIDING CONSULTATIVE SERVICES-

(i) IN GENERAL- Notwithstanding subparagraphs (B) through (D), when used with respect to a special education teacher who provides only consultative services to a highly qualified regular education teacher with respect to a core academic subject, the special education teacher shall meet the standards for subject knowledge and teaching skills described(as the term highly qualified is defined in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers; and

(iv) if the teacher provides instruction in a core academic subject to middle or secondary students who are performing at the elementary level, the teacher shall meet the standards for subject knowledge and teaching skills described in section 9101(23) of the Elementary and Secondary Education Act of 1965 that apply to elementary school teachers.

(B) Consultative services. As used in), means that the teacher meets the requirements of subparagraph (A).

(iiiii) CONSULTATIVE SERVICES- As used in clause (i), the term `consultative services' means

(i) consultation on adapting curricula, usingservices that adjust the learning environment, modify instructional methods, adapt curricula, use positive behavioral supports and interventions, and selectingselect and implement appropriate accommodations, and does not include direct instruction of students; or

(ii) teaching in collaboration with a regular to meet the needs of individual children.

(F) EXCEPTION- Notwithstanding subparagraphs (B) through (D), when used with respect to a special education teacher or teachers who is or are highly qualified in the corewho teaches more than 1 subject, primarily to middle school and secondary school-aged children with significant cognitive disabilities, means that the teacher has demonstrated subject knowledge and teaching skills in reading, mathematics, and other areas of the basic elementary school curriculum by--

(i) passing a rigorous State test (which may consist of passing a State-required certification or licensing test or tests in those areas); or

(ii) demonstrating competency in all the academic subjects being taught.

(11) Indian.in which the teacher teaches, based on a high objective uniform State standard as described in subparagraph (D)(ii).

 
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