Kentucky 's Education Professional Standards Board (EPSB)

IDENTIFYING "HIGHLY QUALIFIED" TEACHERS PURSUANT to

The NO CHILD LEFT BEHIND (NCLB) ACT of 2001 and the Individuals With Disabilities Education (IDEA) Act of 2004

ADDENDUM #7 SPECIAL EDUCATION

Subsequent to the Individuals with Disabilities Education Act of 2004 (IDEA) and proposed regulations issued by the United States Department of Education, the EPSB is issuing the following guidance relating to teachers of special education.  This guidance is effective immediately. 

1)   IDEA 2004 requires all special education teachers to be highly qualified in special education.  Highly qualified in special education means:

·   The teacher has obtained full state certification as a special education teacher, or

·   The teacher has obtained a temporary provisional certificate as a special education teacher through an alternative route to certification.

Additionally, a special education teacher who holds an emergency, adjunct, temporary (not temporary provisional), conditional, or probationary certificate is not a highly qualified special education teacher.

2)   A special education teacher who teaches a core academic subject must be highly qualified in that subject in addition to being highly qualified in special education. 

·   A special education teacher who directly instructs special education students in a core academic subject is required to be highly qualified in that subject.

·   A special education teacher who provides only consultation to a highly qualified teacher in a core academic subject is not required to be highly qualified in that subject.

3)   Consultation to a highly qualified teacher of a core academic subject includes:

·   Adapting curricula for special needs,

·   Using behavioral supports and interventions,

·   Selecting appropriate accommodations for special needs, and

·   Reinforcing instruction already received from a highly qualified teacher.