b.A teacher will be considered to meet the standard in Clause 2.a.i.of this definition if that teacher is participating in an alternative route to special education certification program under which:
(a).receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
(b).participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
(c).assumes functions as a teacher only for a specified period of time not to exceed three years; and
(d).demonstrates satisfactory progress toward full certification as prescribed by the state; and
ii.the state ensures, through its certification and licensure process, that the provisions in Clause 2.b.i of this definition are met.
c.Any public elementary school or secondary school special education teacher teaching in a State, who is not teaching a core academic subject, is highly qualified if the teacher meets the requirements in Subparagraph 2.a or the requirements in Clause 2.a.iii and Subparagraph 2.b of this definition.
3.Requirements for Special Education Teachers Teaching to Alternate Achievement Standards. When used with respect to a special education teacher who teaches core academic subjects exclusively to students who are assessed against alternate achievement standards established under 34 CFR 200.1(d), highly qualified means the teacher, whether new or not new to the profession, may either:
a.meet the applicable requirements of section 9101 of the ESEA and 34 CFR 200.56 for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
b.meet the requirements of paragraph (B) or (C) of section 9101(23) of the ESEA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, meet the requirements of paragraph (B) or (C) of section 9101(23) of the ESEA as applied to an elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the state.
4.Requirements for Special Education Teachers Teaching Multiple Subjects. Subject to Paragraph 5 of this Subsection, when used with respect to a special education teacher who teaches two or more core academic subjects exclusively to students with disabilities, highly qualified means that the teacher may either:
a.meet the applicable requirements of section 9101 of the ESEA and 34 CFR 200.56(b) or (c);
b.in the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under 34 CFR 200.56(c) which may include a single, high objective uniform State standard of evaluation (HOUSSE) covering multiple subjects; or
c.in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate, not later than two years after the date of employment, competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under 34 CFR 200.56(c), which may include a single HOUSSE covering multiple subjects.
5.Separate HOUSSE standards for special education teachers. The State has developed a HOUSSE, which is found in Bulletin 111—The Louisiana School, District, and State Accountability System, which does not establish a lower standard for the content knowledge requirements for special education teachers and meets all the requirements for a HOUSSE for regular education teachers:
a.the state may develop a separate HOUSSE for special education teachers; and
b.the standards described in Paragraph E.1 of this definition may include single HOUSSE evaluations that cover multiple subjects.
6.Rule of Construction. Notwithstanding any other individual right of action that a parent or student may maintain under these regulations, nothing in these regulations shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular state or LEA employee to be highly qualified, or to prevent a parent from filing a complaint under §§151-153 about staff qualifications with the state as provided for under these regulations.
7.Applicability of Definition to ESEA; and Clarification of New Special Education Teacher
a.A teacher who is highly qualified under this section is considered highly qualified for purposes of the ESEA.
b.For purposes of Paragraph D.3 of this definition, a fully certified regular education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher.
8.Private School Teachers Not Covered. The requirements in this section do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school students with disabilities under §138.
Homeless Students—has the meaning given the term homeless students and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.
Illegal Drug—see §530.I of these regulations.
Include—that the items named are not all of the possible items that are covered, whether like or unlike the one named.
Indian and Indian Tribe—
1.Indian—an individual who is a member of an Indian tribe.
2.Indian Tribe—any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq.).
Louisiana Register Vol. 34, No. 10 October 20, 2008