Text Box: Administrative Rule Summary

584-100-0071 – Highly Qualified Secondary Special Education Teacher (9-12)

• New Rule þ Amend Existing Rules • Repeal Rule

Public Comment Date: April 1, 2014 to July 30, 2014

Prompted by:
þ Staff Review þState Law Changes • Other
Action Requested: (File as Temporary Rule and Refer to Public Comment)
• First Reading þAdoption • Consent Agenda

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 9-12 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

584-100-0071 (Final Version)

Highly Qualified Secondary Special Education Teacher (9-12)

Special Education teachers who are new or not new to the profession and who are providing direct instruction in core academic subjects in grades nine (9) through grades twelve (12) 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 Teaching License, with a special education endorsement and is properly assigned in accordance with endorsement; [~~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 middle level and high school grade authorization levels; and

(3) Has met the federal definition for highly qualified elementary teacher new or not new to the profession and is teaching special education students who are performing at or below grade eight (8) and who qualify for alternate assessment in accordance with the Education and Secondary Education Act (ESEA); or

(4) Has met the federal definition for highly qualified secondary teacher new or not new to the profession for each core academic subject the teacher is teaching to students above the eighth (8th) grade level who do not qualify for alternate assessment.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 10-2004(Temp), f. & cert. ef. 10-20-04 thru 3-1-05; TSPC 1-2005, f. & cert. ef. 1-21-05; 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

584-100-0071 (Amended Version)

Highly Qualified Secondary Special Education Teacher (9-12)

(1) Holds a Basic, Standard, Initial, [~~Continuing~~] Professional, or Five-Year Teaching License, with a special education endorsement and is properly assigned in accordance with endorsement; [~~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 middle level and high school grade authorization levels; and

[~~(2)~~] (3) Has met the federal definition for highly qualified elementary teacher new or not new to the profession and is teaching special education students who are performing at or below grade eight (8) and who qualify for alternate assessment in accordance with the Education and Secondary Education Act (ESEA); or

[~~(3)~~] (4) Has met the federal definition for highly qualified secondary teacher new or not new to the profession for each core academic subject the teacher is teaching to students [~~who are performing~~] above the eighth (8th) grade level who do not qualify for alternate assessment.