Summary of Proposed Action: Adds clarifying language regarding “highly qualified” special education teacher. Clarifies that charter school special education registries will not be issued unless the applicant has already held a full-state license in special education.

Background: The Commission has the role of ensuring that teachers hired into Charter School Registered positions meet the definition of Highly Qualified Teacher. All teachers in grades K-6 must meet the federal definition for highly qualified teacher.

Issues/Concerns that Surfaced (if any): There are currently 2 Charter School Registered teachers who may have not submitted evidence that they meet the federal definition for highly qualified special education teacher.

Changed Since Last Commission Meeting?

¨ N/A; First reading – Hasn’t been before the Commission

þ No; same as last meeting considered

¨ Yes – As follows:

Fiscal Impact: None

Staff Recommendation:

þ Adopt rule as presented

¨ Adopt rule in the future

¨ No recommendation

¨ File as Temporary Rule and Refer to public comment

Copy of Amended Rule for Adoption

584-100-0061 (Permanent Rule Version)

Special Education Teachers Generally

(1) All special education teachers who are providing direct instruction in core academic subjects in any public school environment must meet the federal definition for "highly qualified teacher."

(2) Special educators who do not provide direct instruction to special education students in any core academic subject, or who provide only consultation to highly qualified teachers of core academic subjects in adapting curricula, using behavioral supports and interventions, and selecting appropriate accommodations, are not required to meet the federal definitions for highly qualified special education teachers.

(3) A special education teacher must meet the federal definitions for highly qualified teacher including, but not limited to, when teaching under the following circumstances:

(a) Teaching life skills to students;

(b) Teaching elective credits in core academic areas;

(c) Providing direct instruction in a core academic subject in a resource room setting if not supplemental to instruction in the same subject being provided by another teacher meeting the definition of “highly qualified teacher”; and

(d) Providing the only direct instruction in a core academic subject in any setting.

(4) Direct instruction for the purposes of this rule is planning curriculum, delivering instruction, granting credit and evaluating the performance of the student in any core academic area.

(5) A Charter School Teacher Registry will not be issued for special education unless the applicant has previously held a full state license as a special education teacher.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0061

Special Education Teachers Generally

(1) All special [Special] education teachers who are providing direct instruction in core academic subjects in any public school environment must meet the federal definition for "highly qualified teacher."

(2) Special educators who do not provide direct instruction to special education students in any core academic subject, or who provide only consultation to highly qualified teachers of core academic subjects in adapting curricula, using behavioral supports and interventions, and selecting appropriate accommodations, are not required to meet the federal definitions for highly qualified special education teachers.

(3) A special education teacher [would have to] must meet the federal definitions for highly qualified teacher including, but not limited to, when teaching under the following circumstances:

(a) Teaching life skills to students;

(b) Teaching elective credits in core academic areas;

(c) Providing direct instruction in a core academic subject in a resource room setting if not supplemental to instruction in the same subject being provided by another teacher meeting the definition of “highly qualified teacher”; and

(d) Providing the only direct instruction in a core academic subject in any setting.

(4) Direct instruction for the purposes of this rule is planning curriculum, delivering instruction, granting credit and evaluating the performance of the student in any core academic area.

(5) A Charter School Teacher Registry will not be issued for special education unless the applicant has previously held a full state license as a special education teacher.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 3-2013, f. & cert. ef. 8-19-13