HIGHLY QUALIFIED SPECIAL EDUCATION TEACHERS  
 
Authorities: 34 C.F.R. Parts 200; 300; 19 T.A.C. Chapters 74, 89; Guidance Document for the Implementation of NCLB Highly Qualified Teacher Requirements
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
RULE OF CONSTRUCTION


P Notwithstanding any other individual right of action that a parent or child may maintain under the Individuals with Disabilities Education Act, nothing in this framework must be construed to create a right of action on behalf of an individual child or class of children for the failure of a particular state educational agency or school district employee to be highly qualified. 300.18(f)

CORE ACADEMIC SUBJECTS


P Core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. 200.55(c)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P Arts include music (including band and choir), art, theatre, and dance and other courses accepted by the State Board of Education (SBOE) for graduation credit in fine arts. Guidance Document for NCLB Highly Qualified Teacher Requirements
74.72(b)(8)
74.73(b)(8)
74.74(b)(8)

P Courses that are outside of the core academic subject areas, including career and technical education courses, that are accepted by SBOE for graduation credit in a core academic subject are considered core academic subject courses. Guidance Document for NCLB Highly Qualified Teacher Requirements

HIGHLY QUALIFIED TEACHERS


P All teachers in core academic subject areas must be highly qualified. 200.55(b)
200.56
300.18(a)

P Courses that are outside of the core academic subject areas that are accepted by SBOE for graduation credit in a core academic subject will require a teacher who is highly qualified in the appropriate core curriculum area. Guidance Document for NCLB Highly Qualified Teacher Requirements

P A special education teacher who is highly qualified under this framework will be considered highly qualified for purposes of the Elementary and Secondary Education Act (ESEA). 300.18(g)(1)

P Title I, Part A teachers in core academic subject areas must be highly qualified when hired, including: 200.55(a)(1)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • A teacher in a targeted assisted school who is paid with funds under Title I, Part A;
200.55(a)(2)(i)

P
  • A teacher in a schoolwide program school; or
200.55(a)(2)(ii)

P
  • A teacher employed by a school district with funds under Title I, Part A to provide services to eligible private school children.
200.55(a)(2)(iii)

HIGHLY QUALIFIED REQUIREMENTS IN GENERAL


P For any public elementary or secondary school special education teacher teaching in the state, highly qualified means that the teacher: 300.18(b)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Has obtained full state certification as a special education teacher (including alternative certification), or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher;
300.18(b)(1)(i)
89.1131

P
  • Has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
300.18(b)(1)(ii)
200.56(a)(4)

P
  • Holds at least a bachelor's degree.
300.18(b)(1)(iii)
200.56(b)(1)
200.56(c)(1)

HIGHLY QUALIFIED BY ALTERNATIVE CERTIFICATION


P A teacher in an alternative certification program who is not yet fully certified may be considered to be highly qualified if the teacher meets the following certification requirements: Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • The teacher is participating in an approved SBOE certification alternative route to special education certification program under which the teacher:
300.18(b)(2)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
    • Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
300.18(b)(2)(i)(A)

P
    • Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
300.18(b)(2)(i)(B)

P
    • Assumes functions as a teacher only for a specified period of time not to exceed three years;
300.18(b)(2)(i)(C)

P
    • Demonstrates satisfactory progress toward full certification as prescribed by the state; and
300.18(b)(2)(i)(D)

P
  • Has at least a bachelor's degree; and
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Has demonstrated subject matter competency in each of the academic subjects the teacher is assigned to teach in a manner determined by the Texas Education Agency (TEA) to comply with the ESEA.
Guidance Document for NCLB Highly Qualified Teacher Requirements

SEPARATE HIGH, OBJECTIVE, UNIFORM STATE STANDARD OF EVALUATION (HOUSE) FOR SPECIAL EDUCATION TEACHERS


P Provided that any adaptations of the state's HOUSE would not establish a lower standard for the content knowledge requirements for special education teachers and meets all requirements for a HOUSE for general education teachers: 300.18(e)

P
  • A state may develop a separate HOUSE for special education teachers; and
300.18(e)(1)

P
  • The separate HOUSE for special education teachers may include single HOUSE evaluations that cover multiple subjects.
300.18(e)(2)

SUBJECT MATTER COMPETENCY


P New teachers at the public elementary school level must demonstrate subject matter competency by passing the appropriate elementary Examination for the Certification of Educators in Texas (ExCET) or Texas Examinations of Educator Standards (TExES) exam. 200.56(b)(2)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P Experienced teachers at the public elementary school level must demonstrate subject matter competency by: 200.56(c)(2)(ii)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Passing the appropriate elementary ExCET or TExES exam; or
200.56(b)(3)(i)

P
  • Meeting the HOUSE requirements.
200.56(c)(2)(ii)

P New teachers at the public middle and high school levels must demonstrate subject matter competency, in each of the core academic subjects they teach, by: 200.56(b)(3)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Passing the subject-specific ExCET or TExES exam; or 
200.56(b)(3)(i)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Successfully completing:
200.56(b)(3)(ii)

P
    • An undergraduate major;
200.56(b)(3)(ii)(A)

P
    • A graduate degree;
200.56(b)(3)(ii)(B)

P
    • Coursework equivalent to an undergraduate major; or
200.56(b)(3)(ii)(C)

P
    • Advanced certification or credentialing.
200.56(b)(3)(ii)(D)

P Experienced teachers at the public middle and high school levels must demonstrate subject matter competency, in each of the core academic subjects they teach, by: 200.56(c)(2)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • Passing the subject-specific ExCET or TExES exam; and
200.56(c)(2)(i)
200.56(b)(3)(i)

P
  • Successfully completing:
200.56(c)(2)(i)
200.56(b)(3)(ii)

P
    • An undergraduate major;
200.56(b)(3)(ii)(A)

P
    • A graduate degree; 
200.56(b)(3)(ii)(B)

P
    • Coursework equivalent to an undergraduate major; or
200.56(b)(3)(ii)(C)

P
    • Advanced certification or credentialing; or
200.56(b)(3)(ii)(D)

P
  • Meeting the HOUSE requirements.
200.56(c)(2)(ii)

TEACHERS IN NON-CORE ACADEMIC SUBJECT AREAS


P Any public elementary school or secondary school special education teacher teaching in a state, who is not teaching a core academic subject, is highly qualified if the teacher has met the requirements for special education teachers in general, or holds at least a bachelor's degree and has met the requirements under an alternative certification program. 300.18(b)(1)
300.18(b)(1)(iii)
300.18(b)(2)
300.18(b)(3)

SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE SUBJECTS


P A special education teacher who teaches two or more core academic subjects exclusively to children with disabilities may demonstrate subject matter competency either: 300.18(d)

P
  • By meeting the applicable requirements for any elementary, middle, or high school teacher who is new or not new to the profession;
300.18(d)(1)

P
  • In the case of a teacher who is not new to the profession, by demonstrating competence in all the core academic subjects in which the teacher teaches, which may include a single HOUSE covering multiple subjects; or
300.18(d)(2)

P
  • In the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, by demonstrating competence in the other core academic subjects, which may include a single HOUSE covering multiple subjects, not later than two years after the date of employment.
300.18(d)(3)

P A fully certified general education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher. 300.18(g)(2)

SPECIAL EDUCATION TEACHERS TEACHING TO ALTERNATE ACHIEVEMENT STANDARDS


P When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards, highly qualified means the teacher, whether or not new to the profession, may either: 300.18(c)

P
  • Meet the applicable requirements for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
300.18(c)(1)
200.56

P
  • If providing instruction at the elementary level, meet the requirements as applied to an elementary school teacher; or
300.18(c)(2)
Guidance Document for NCLB Highly Qualified Teacher Requirements

P
  • If providing instruction above the elementary level, meet the requirements as applied to an elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the TEA.
300.18(c)(2)
Guidance Document for NCLB Highly Qualified Teacher Requirements

PUBLIC CHARTER SCHOOLS


P For any special education teacher teaching in a public charter school, highly qualified means that the teacher meets the certification or licensing requirements set forth by the state. 200.56(a)(3)
Guidance Document for NCLB Highly Qualified Teacher Requirements

PRIVATE SCHOOLS


P When the local educational agency (LEA) special education teachers are used to provide proportionate share services to parentally-placed private school children, the LEA must comply with the highly qualified requirements in this framework and the requirements in the PROPORTIONATE SHARE FUNDING FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILD and the PRIVATE SCHOOL CHILDREN frameworks.

P The requirements in this framework do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children with disabilities. 300.18(h)

RURAL SCHOOLS


P Newly hired secondary teachers in eligible rural LEAs, who teach two or more subjects and are highly qualified in at least one core academic subject area they teach, have three years from the date of hire to become highly qualified in each core academic subject area they teach. Guidance Document for NCLB Highly Qualified Teacher Requirements

REPORTING REQUIREMENTS


D The LEA must submit the Highly Qualified Teacher Compliance Report to the TEA electronically at the beginning of the school year. Guidance Document for NCLB Highly Qualified Teacher Requirements

D The principal of each Title I, Part A campus must annually attest in writing whether the campus is in compliance with teacher and paraprofessional qualifications. Guidance Document for NCLB Highly Qualified Teacher Requirements

 
 
Last Updated: Wednesday, April 19, 2017