Therefore, when Congress updated the Individuals with Disabilities Education Act (IDEA) in 2004, it added similar requirements for “highly qualified” special education teachers to align these two federal education laws. In doing so, Congress recognized that if students with disabilities are going to succeed in school, they must have access to teachers who know the general curriculum as well as support from teachers trained in instructional strategies and techniques that address their specific learning needs.

Most students with disabilities spend much of their instructional time in general education classrooms (see Figure 1). This means that parents of students with disabilities need to understand the requirements for “highly qualified” teachers under both NCLB and IDEA. These requirements are designed to ensure that all students are instructed by qualified teachers and to end the temporary, emergency, provisional and out-of-level credentialing practices that many states and districts have used.

Core academic subjects, as defined by NCLB, are:  

• English
• Reading or language arts
• Mathematics
• Science
• Foreign languages
• Civics and government
• Economics
• Arts
• History
• Geography

Special education is not a core academic subject.

General Education Teachers

In order to meet the “highly qualified” requirement of NCLB, all public school general education teachers of core academic subjects (see box) must:

·          have a bachelor’s degree,

·          have full state certification or licensure and

·          prove that they know each subject they teach

Elementary school teachers must demonstrate knowledge of teaching reading and math.

Exactly how teachers demonstrate subject matter competency depends on whether they are new/veteran teachers and teach at the elementary/higher than elementary level.

Special Education Teachers

All public school special education teachers (whether they teach core subjects or not) must hold at least a bachelor’s degree and must have full state special education certification or equivalent licensure. Each state establishes its personnel qualifications. Beyond this basic requirement, there are several additional stipulations for special education teachers, as follows:

♦       Special education teachers who provide direct instruction in core academic subjects must meet the above requirement and must also demonstrate competence in all of the core academic subjects that the teacher teaches in the same manner as general education teachers. A new special education teacher who is highly qualified to teach math, language arts, or science has up to two years from the date of employment to demonstrate competence in the other core academic subjects.

♦       Special education teachers who provide consultation to highly qualified general education teachers need not demonstrate subject-matter competency. According to guidance from the U.S. Department of Education, activities that special education teachers can carry out that do not require them to be highly qualified in the particular subject include:

-        Consultation on the adaptation of curricula,

-        Consultation with teachers on using behavioral supports and interventions or selecting appropriate accommodations,

-        Assisting students with study and organizational skills, and

-        Reinforcing instruction that was given previously by a teacher who was highly qualified.

♦       Special education teachers who provide direct instruction in core subjects to students with disabilities who are assessed against “alternative achievement standards” under NCLB (students with the most significant levels of cognitive disabilities) need to meet the requirement for all special education teachers and must also meet the highly qualified teacher standards that apply to general education elementary school teachers. If teaching students who need instruction above the elementary school level, the teacher must have subject matter knowledge appropriate to the level of instruction needed to effectively teach to the alternate standards used to access the students.

Note: None of these “highly qualified” teacher provisions apply to teachers in private schools.

Parents Right to Know

Parents need to understand several requirements of NCLB regarding their “right to know” about the qualifications of the teachers who are teaching their students. In all districts that accept Title I funds, schools must notify parents of their right to ask for and receive specific information about a teacher’s qualifications at the beginning of each school year. The district must provide the information in a timely manner. At a minimum, the information must include:

·          Whether the teacher has met the state’s qualification and licensing criteria for the grade levels and subject matter he or she teachers;

·          Whether the state has waived its qualification and licensing criteria to permit the teacher to teach on an emergency or other provisional basis;

·          The teacher’s college major, any graduate certification or degrees the teacher has, and the field of discipline of those certificates or degrees; and

·          Whether teachers’ aides or similar paraprofessionals provide services to the child and, if they do, their qualifications.

Additionally, Title I schools must notify parents if their child has been taught for 4 or more consecutive weeks by a teacher who does not meet the “highly qualified” requirements.

Parents should be sure to take advantage of these “right to know” provisions regarding the quality of the teachers who are teaching their children. While “highly qualified” doesn’t necessarily equate to highly effective, quality instruction begins with a well-qualified teacher.

Candace Cortiella is Director of The Advocacy Institute (AdvocacyInstitute.org), a nonprofit organization dedicated to the development of products, projects and services that work to improve the lives of people with disabilities. The mother of a young adult with learning disabilities and a disability rights advocate for over 17 years, she lives in the Washington, D.C. area