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Are You "Highly Qualified" Under IDEA 2004?

Bonnie S. Billingsley
Virginia Tech

Special education teachers have concerns about whether they are "highly qualified" under the Individuals with Disabilities Education Improvement Act of 2004 (IDEA, 2004). IDEA 2004 is closely aligned with No Child Left Behind (2001) requirements for "highly qualified" teachers, however, IDEA also modifies the "highly qualified" teacher requirements for some groups of special educators. In this brief paper, I will review the IDEA 2004 "highly qualified teacher" requirements and in particular discuss the "core academic subject" requirements.

An Overview of IDEA's 2004 "Highly Qualified Teacher" Requirements

There are three overall requirements to be considered "highly qualified" under IDEA 2004 and special education teachers must meet these requirements by the end of the 2005-06 school year. The first two requirements must be met by all special education teachers to be considered highly qualified under IDEA. These two requirements are:

1. Having a bachelor's degree, and
2. Holding full state certification as a special education teacher or passing the State special education licensing exam.

Teachers who hold a State certification waiver or hold an emergency, provisional, or temporary certification, are not highly qualified under IDEA 2004. However, IDEA indicates that full State certification can be obtained through alternative routes.

The third requirement for meeting the "highly qualified" mandate under IDEA 2004 applies to special educators who teach core academic subjects, meaning that these teachers must:

3. Demonstrate competence in each "core academic subject" taught.

IDEA 2004 references NCLB to define the following as core academic subjects: English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography (NCLB, 2001).

The "core academic subject" requirements of NCLB are outlined in the textbox below. According to IDEA 2004, these NCLB requirements apply to special educators who teach the core academic subjects listed above. However, IDEA provides alternatives for specific groups of special education teachers and also provides options on how teachers can meet these highly qualified requirements. In the next section, the "core academic subject" requirement as it applies to special educators is examined.

Which Special Educators Must Meet the Core Academic Subject Requirements?

Under NCLB (2001), the definition of "highly qualified" applies only to those teaching core academic subjects. Therefore, special education teachers who do not teach core academic subjects do not have to meet this requirement. Those who are exempt from the core academic requirements are those who provide consulting services to students with disabilities, such as adjusting the learning environment, adapting curricula, implementing positive behavioral supports, supporting general education teachers in classrooms, or helping students with accommodations ("Individuals with Disabilities Education Act: Guide to Frequently Asked Questions," 2005). Special educators who do not teach content subjects will only need to have a bachelor's degree and full state certification in the area(s) that they teach to be considered "highly qualified."

However, special educators who have responsibility for instruction in one or more core academic subjects in a "collaborative, co-teaching, team teaching, or resource situation" (IDEA and NCLB: Intersection of Access and Outcomes, 2004, p. 20) will need to meet NCLB's "highly qualified" definition, as will teachers who teach core academic subjects in self-contained, resource, and special school settings. Because most teachers of students with learning disabilities are responsible for instruction in content subjects, most will need to meet the "highly qualified" teacher requirements in at least some core subjects.

What is the HOUSSE System?

Special education teachers hired before the 2002-03 school year may demonstrate competence based on their State's "High Objective Uniform State Standard of Evaluation" (HOUSSE) as defined by NCLB. States may have separate HOUSSE requirements for each subject or they may have a single procedure which teachers can demonstrate competence in all subjects taught (Get Ready for IDEA 2004's "Highly Qualified" Teacher Requirements, 2005). The HOUSSE is important because it allows teachers to demonstrate knowledge without necessarily having to complete further training or testing. Some examples of the HOUSSE used in the states include points systems for various professional development activities, peer and supervisor evaluations, and portfolios developed by teachers (Azordegan, 2004). Under some circumstances, new teachers (those hired after July 1, 2002) may also qualify under the HOUSSE as discussed in the following sections.

What Flexibility Does IDEA 2004 Provide for Meeting Core Subject Requirements?

IDEA 2004 specifically provides flexibility in meeting the core academic subject requirements for two groups of special educators: 1) those who exclusively teach students assessed by alternative standards, and 2) those who teach two or more core academic subjects exclusively to students with disabilities.

Alternative Standards Provision: Special educators who exclusively teach students assessed by alternative standards have options for meeting the "highly qualified" mandate. For example, both new and experienced special educators may:

• Meet the NCLB requirements for elementary, middle, or secondary teachers under NCLB requirements (see textbox).
• Meet the NCLB elementary standards (see textbox) if the students taught are at the elementary level or function at the elementary school level; if the special educator teaches students who function above the elementary level, the teacher must demonstrate subject matter knowledge appropriate to the level of instruction being provided, as determined by the State;
• Meet the HOUSSE standards, which generally are reserved for experienced teachers.

The alternative standards provision is supposedly designed for teachers who exclusively teach students with the most severe cognitive disabilities. Therefore, the alternative standards provision is not likely to be relevant to teachers of students with learning disabilities.

Two or More Core Academic Subjects: Experienced or new teachers teaching two or more core academic subjects can either meet the NCLB highly qualified requirements for each subject area taught (see textbox) or take advantage of the following:

• Experienced special educators may use the State's HOUSSE procedures for the content subject(s) taught; and
• New special educators who are "highly qualified" in math, language arts, or science have two years from the date of employment to qualify for the other subjects they teach using the HOUSSE requirements (Apling & Jones, 2005).

The flexibility provided through HOUSSE is important for teachers of students with learning disabilities since they often have responsibility to teach core academic subjects, yet in most cases do not have degrees in these areas.

Where Do I Go From Here?

Because each State has the freedom to determine its own requirements for certification (within federal guidelines) and develop the HOUSSE, teachers will need to learn more about the specific requirements in their state. State education agency leaders are working to assure that their policies are aligned with IDEA 2004. If you visit your state education agency's website or visit the personnel/human resources department in your local education agency, you should be able to find the most recent information about meeting the "highly qualified" requirements in your State. Additional resources and websites are provided below.

References

Apling, R.N. & Jones, N.L. (2005, February 17). Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446, Congressional Research Service, Retrieved March 10, 2005 from http://www.pediatricapta.org/graphics/ideafaq-houseed.pdf

Azordegan, J. (2004). Initial findings and major questions about HOUSSE. Educational Commission of the States (ECS), Retrieved February 28, 2005 from http://www.ecs.org/clearinghouse/49/68/4968.htm.

Get Ready for the IDEA 2004's "Highly Qualified" Teachers Requirements. (February, 2005). IDEA Compliance Insider. Brownstone Publishers, Inc., (pp. 1-3).

IDEA and NCLB: Intersection of Access and Outcomes: A Joint Project of the NEA and NASDSE Providing Policy Guidance to State Leadership. (November 2004), Retrieved http://www.nea.org/specialed/images/ideanclbintersection.pdf

Individuals with Disabilities Education Act: Guide to "Frequently Asked Questions."
(2005). Available at http://edworkforce.house.gov/issues/109th/education/idea/ideafaq.pdf.

Individuals with Disabilities Education Improvement Act of 2004. (P.L. 108-446). Available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ446.108.pdf.

No Child Left Behind Act of 2001 (H.R.1), Title II. (2002). Available at http://www.ed.gov/policy/elsec/leg/esea02/index.html.

No Child Left Behind: A Toolkit for Teachers. (2004). U.S. Department of Education. Retrieved February 28, 2005 from http://www.ed.gov/teachers/nclbguide/toolkit_pg6.html

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