Summary of Proposed Action: Adds charter school provisions to special education licensure rule.

Background: The Commission’s role in ensuring that teachers hired into Charter School Registered positions meet the definition of Highly Qualified Teacher. All teachers in grades K-8 must meet the federal definition for highly qualified teacher.

Issues/Concerns that Surfaced (if any):

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 rules and refer to public comment

Permanent Rule for Adoption

584-100-0066 (Final Version)

Highly Qualified Elementary Special Education Teacher (K-8)

Special Education teachers who are new or not new to the profession and who are providing direct instruction in core academic subjects in grades kindergarten (k) through grades eight (8) to students identified as special education students are highly qualified under the following conditions. The teacher:

(1) Holds a Basic, Standard, Initial, Professional, or Five-Year Elementary Teaching License, with a special education endorsement and is appropriately assigned on that license; [and] or

(2) Has held a Basic, Standard, Initial, Professional, or Five-Year Elementary Teaching License if applying for a Charter School Teacher Registration for Special Education at the early childhood and elementary grade authorization levels; and

(3) Meets the federal definition of Highly Qualified Teacher for elementary teachers pursuant to OAR 584-100-0011 if new to the profession; or

(4) Meets the federal definition of Highly Qualified Teacher for elementary teachers pursuant to OAR 584-100-0016 if not new to the profession; and

(5) Teaches only in kindergarten (k) through grade eight (8) in a self-contained special education classrooms in any public school environment.

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 5-2007, f. & cert. ef. 8-15-07

584-100-0066 (Amended Version)

Highly Qualified Elementary Special Education Teacher (K-8)

Special Education teachers who are new or not new to the profession and who are providing direct instruction in core academic subjects in grades kindergarten (k) through grades eight (8) to students identified as special education students are highly qualified under the following conditions. The teacher:

(1) Holds a Basic, Standard, Initial, [Continuing] Professional, or Five-Year Elementary Teaching License, with a special education endorsement and is appropriately assigned on that license; [and] or

(2) Has held a Basic, Standard, Initial, [Continuing] Professional, or Five-Year Elementary Teaching License if applying for a Charter School Teacher Registration for Special Education at the early childhood and elementary grade authorization levels; and

[(2)] (3) Meets the federal definition of Highly Qualified Teacher for elementary teachers [in] pursuant to OAR 584-100-0011 if new to the profession; or

[(3)] (4) Meets the federal definition of Highly Qualified Teacher for elementary teachers [in] pursuant to OAR 584-100-0016 if not new to the profession; and

[(4)] (5) Teaches only in kindergarten (k) through grade eight (8) in a self-contained special education classrooms in any public school environment.

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 5-2007, f. & cert. ef. 8-15-07