NCLB Recommendation #43
SUBJECT
Highly Qualified Teacher Determinations: Special Education Teachers
P.L. 107-110 PROVISIONS
TITLE IX PART A SEC. 9101(23)(B)
NSBA RECOMMENDATION
#43: Special education teachers of multiple core academic subjects who have a bachelor’s degree and full state special education certification would be considered highly qualified.
RATIONALE
Recruiting and retaining special education teachers were challenges for school districts before NCLB, and the highly qualified requirements have exacerbated the problem. The Department of Education has recognized these challenges and attempted to provide some flexibility. However, given the practical supply and demand realities of special education teachers, it is unreasonable to require special education teachers of multiple core academic subjects to have to meet the special education certification requirements in addition to subject matter requirements for several academic subjects.
PROPOSED BILL LANGUAGE
Section 9101(23)(B) is amended –
In subclause (i), by adding at the end the following:
“(III) in the case of a special education teacher, obtaining a State special education certificate that qualifies the teacher to teach special education in the State; or”.
In subclause (ii)(I), by striking “or” after the semicolon;
In subclause (ii)(II), by striking “and” after the semicolon and inserting “or”;
In subclause (ii), by adding at the end the following:
“(III) in the case of a special education teacher, obtaining a State special education certificate that qualifies the teacher to teach special education in the State; and”.
IMPACT OF CURRENT LAW
In a 2006 NSBA survey of local school board members, they reported that the greatest challenge in meeting the Highly Qualified Teacher requirements was for their special education teachers. In fact, 64 percent of respondents named this as the top challenge. Local board members emphasized that their district had enough difficulty hiring and retaining special education teachers even before NCLB, but that the requirements for special education teachers of multiple core academic subjects, had exacerbated those problems. The requirements may actually cause special education teachers to switch subjects so that they do not have to jump through more hoops than some of their peers.
NSBA CONTACT
Marc Egan, director of federal affairs, 703-838-6707 or megan@nsba.org.