Section 511IAC7-36-3. Highly qualified teachers

   (a) A special education teacher who teaches in a public elementary, middle, junior high, or high school in the state must be highly qualified as a special education teacher by meeting the following requirements:

(1) The teacher has obtained full state licensure as a special education teacher, including licensure obtained through an alternative route, as described in subsection (b), or passed the state special education teacher licensing examinations and holds a license to teach in the state as a special education teacher.

(2) The teacher has not had special education licensure requirements waived.

(3) The teacher holds at least a bachelor's degree.

  (b) A teacher will meet the requirement in subsection (a)(1) if that teacher is participating in an alternative route to special education licensure program under which the:

(1) teacher:

(A) receives high-quality professional development that is:

(i) sustained;

(ii) intensive; and

(iii) 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 (3) years; and

(D) demonstrates satisfactory progress toward full licensure as prescribed by the state; and

(2) state ensures, through its licensure process, that the provisions in subdivision (1) are met.

  (c) Special education teachers who do not teach core academic subjects only have to meet the highly qualified special education teacher requirements in subsection (a). A special education teacher does not teach core academic subjects if the special education teacher:

(1) is a co-teacher who:

(A) works within the general education setting in which a highly qualified general education teacher provides instruction to the class on core academic elementary content or a core academic middle, junior high, or high school subject; and

(B) provides direct assistance to students with disabilities via individualized or small group instruction as a support to the highly qualified teacher's instruction;

(2) is a consultant teacher who provides consultation, such as:

(A) adapting curricula;

(B) using behavioral supports and interventions; and

(C) selecting appropriate accommodations;

to highly qualified general education teachers of core academic elementary content or a core middle, junior high, or high school academic subject;

(3) is a resource room teacher who provides direct assistance to students with disabilities, such as tutoring and reinforcement of content provided in the general education setting, in segregated settings after the students receive instruction on core academic elementary content or a core academic middle, junior high, or high school subject from a highly qualified general education teacher; or

(4) provides direct instruction to students with disabilities on noncore academic subjects, such as:

(A) life skills;

(B) study skills; and

(C) community based instruction.

  (d) Special education teachers who teach core academic subjects, as defined in 511 IAC 7-32-21, must be highly qualified as a special education teacher under subsection (a) and highly qualified in the core academic subjects under 511 IAC 7-32-44. Special education teachers teach core academic subjects in the following situations:

(1) The special education teacher is the primary teacher providing instruction to elementary students in the core academic elementary content.

(2) The special education teacher is the primary teacher providing instruction to middle, junior high, or high school students in a core academic subject.

(3) The special education teacher team teaches in the general education setting alongside a highly qualified teacher of elementary academic content or a core academic middle, junior high, or high school subject, and the teachers share responsibilities for the:

(A) design and delivery of instruction; and

(B) evaluation of student performance.

  (e) Special education teachers who teach core academic subjects exclusively to students who are assessed against alternate achievement standards must meet the requirements in subsection (a) and, whether they are a new or a veteran teacher, may either meet the:

(1) applicable requirements of 511 IAC 7-32-44 for any new or veteran elementary, middle, junior, or high school teacher; or

(2) requirements of 511 IAC 7-32-44(b)(2) or 511 IAC 7-32-44(b)(3) as applied to an elementary school teacher and, in the case of instruction above the elementary level, have subject matter knowledge appropriate to the level of instruction being provided, as determined by the state.

  (f) Special education teachers who teach two (2) or more core academic subjects exclusively to students with disabilities (including students assessed against alternative achievement standards) must meet the requirements in subsection (a) and may either:

(1) meet the applicable requirements of 511 IAC 7-32-44(b)(2) or 511 IAC 7-32-44(b)(3);

(2) in the case of a veteran teacher, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for a veteran elementary, middle, junior high, or high school teacher under 511 IAC 7-32-44, which may include a single, high objective uniform state standard of evaluation (HOUSSE) covering multiple subjects; or

(3) in the case of a new special education teacher who:

(A) teaches multiple subjects; and

(B) is highly qualified in mathematics, language arts, or science;

demonstrate, not later than two (2) 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, junior high, or high school teacher under 511 IAC 7-32-44, which may include a single HOUSSE covering multiple subjects.

  (g) Notwithstanding any other individual right of action that a parent or student may maintain under this article, nothing in this section shall be construed to:

(1) create a right of action on behalf of an individual student or class of students for the failure of a public agency employee to be highly qualified; or

(2) prevent a parent from filing a complaint under 511 IAC 7-45-1 about staff qualifications with the division of special education.

  (h) A teacher who is highly qualified under this section is considered highly qualified for purposes of the Elementary and Secondary Education Act of 1965, as amended by 20 U.S.C. 6311 et seq.

  (i) For purposes of subsection (f)(3), a fully licensed regular education teacher who subsequently becomes fully licensed as a special education teacher is a new special education teacher when first hired as a special education teacher.

  (j) The requirements in this section do not apply to teachers hired by nonpublic elementary, middle, junior high, or high schools, including nonpublic school teachers hired or contracted by public agencies to provide special education and related services to parentally-placed nonpublic school students with disabilities under 511 IAC 7-34-7(k)(2).

  (k) Because the early childhood special education program described in section 5 of this rule is not part of the state's public elementary, middle, junior high, and high school system, kindergarten through grade 12, early childhood teachers do not have to meet the highly qualified teacher requirements. However, early childhood special education teachers do have to be appropriately licensed. (Indiana State Board of Education; 511 IAC 7-36-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)