December 03, 2008
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Michigan special education teachers likely stripped of highly-qualified status


Thousands of secondary special education teachers in Michigan likely have been stripped of their status as highly-qualified teachers because the state improperly allowed them to reach the standard by taking an elementary education exam.

The state is giving those teachers until June 30, 2009, to become highly qualified, a status they must maintain to comply with the federal No Child Left Behind law (NCLB). The state must act or risk sanctions from the U.S. Department of Education (ED), which include the possible withholding of some federal aid. Michigan has nearly 14,000 special education teachers, with about 7,000 teaching at the secondary level. The Michigan Department of Education said it is unclear how many of them used the elementary exam to become highly qualified. Districts now must send letters home to the parents of the children whose teachers no longer are considered highly qualified. And the teachers have to choose one of several challenging paths to regain that status, such as taking a secondary-level test in each of the subjects they teach. For most general education teachers at the secondary level, becoming highly qualified has meant needing to have earned a major or passing a certification exam in the subjects they teach. However, Michigan opted to allow secondary special education teachers to take the Michigan Test for Teacher Certification elementary education exam. Asked why, Jan Ellis, spokeswoman for the state Department of Education, said in an e-mail: “At the time, this was believed to be an appropriate means to meet the requirements—until guidance from the federal government directed us to amend the requirements.”

That guidance came in a September letter from ED. Stephanie Babyak, a spokeswoman for the federal agency, said she was unaware of any other states that have tried to use an elementary exam for secondary special education teachers. "But we will certainly be checking," Babyak said. Nationwide, she said, secondary special education is one of the biggest problem areas in getting teachers highly qualified. Marcie Lipsitt, a Birmingham parent and special education advocate who organized a rally last summer to protest proposed changes to state special education rules, pushed the federal agency to take action against Michigan. Special education children earning regular diplomas need teachers with a grasp of secondary curriculum, Lipsitt said. But some argue that not all special education children are earning a regular diploma, nor can they all do secondary level work. Some teachers are trying to figure out what they'll do now to meet the state and federal requirements.

Detroit Free Press By Lori Higgins

[Editor’s Note: ED’s letter is below, as is its online collection of its latest state monitoring reports on highly qualified teachers and grants for improving teacher quality. Additional background on other issues concerning the “highly qualified” requirement is available starting from the third link. NSBA has proposed that special education teachers of multiple core subjects be deemed highly qualified if they have a bachelor’s degree and full state special education certification, rather than requiring them to meet qualifications in each separate subject. That recommendation is set forth at the next link. The last link is to NSBA’s positions on other teacher quality issues.]
ED letter to Michigan
ED state monitoring reports
NSBA School Law pages on “highly qualified” issues
NSBA recommendation on highly qualified special education teachers
NSBA Advocacy page on Strengthening Teacher Quality


 
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