What is a Highly Qualified Teacher? Congress Weighs In

Starting in 2002 with the passage of the No Child Left Behind Act, federal law has defined a highly qualified teacher in a specific way.  While the definition in NCLB of highly qualified,  (definition 23) differentiates between elementary teachers, secondary teachers and those in charter schools, in general the Act requires that “the teacher has obtained full State certification as a teacher (including certification obtained through alternative routes to certification)…”

But the phrase “certification obtained through alternative routes” has become a lightening rod of controversy in recent days due to a lawsuit and a quick congressional fix.  According to US Department of Education regulations issued shortly after NCLB passed, to meet this requirement a teacher could either (1) have obtained certification through an alternative route program or (2) be “participating in an alternative route to certification program … [and] demonstrate satisfactory progress toward full certification as prescribed by the State.” 

In 2008, advocacy groups in California sued the US Department of Education alleging this regulation improperly expanded Congress’s definition and thus, gave states a loophole – in essence, they could put teachers in the classroom before they had completed their alternative route program and still meet NCLB’s highly qualified requirements.  Additionally, the lawsuit presented evidence that teachers in alternative route programs tend to be in schools with the most need and disproportionately teaching students of color and students with disabilities. This past fall, the Ninth Circuit Court of Appeals found for the advocates and ruled that the Department of Education’s regulation improperly expanded Congress’s definition.

Then, in response to this change, in the very end of December just as Congress was leaving town for its winter break, it decided to amend Title I of NCLB to allow teachers who have merely enrolled in alternative route programs to be deemed highly qualified. It added this amendment to a Continuing Resolution – legislation funding the government, and made the Department of Education’s expanded definition law effective through 2013.

CEC is concerned that deeming anyone who is in the midst of their alternative route program as “highly qualified”  does not serve the goal of providing students – with or without disabilities – the education they deserve.  CEC is not opposed to alternative route programs. Indeed, special education has been plagued by personnel shortages and ignoring alternative route programs would turn a blind eye to the field’s very real need. But, CEC has always called for alternative route programs to be rigorous and evidence based.  

To address this change and advocate for proactive real solutions, CEC has met with members of the Senate and House education committees to explain our concerns and present evidence, with the help of CEC member and personnel preparation expert Dr. Mary Brownell that demonstrates students with disabilities achieve higher gains with well prepared instructors. CEC is continuing to meet with the community and congressional staff to provide information and advocate for real, equitable and high standards for all teachers.  

Comments

[Evelyn Smith]

In reference to teacher shortages in special education, teachers are short not because of highly qualified statuses but, because in part for federally mandated paperwork required. Teachers begin teaching in special education but later realize they can teach general education and not have the additional paperwork to complete.

Make no mistake all teachers have necessary paperwork, lesson plans, and daily data to attend to but special educators have additional paperwork, along with the same paperwork of general education teachers. You make the choice if you would receive the very same pay and have less paperwork to complete what would your selection be. Some would still stay with special education but a vast majority would leave the profession.

Wake up America unequal pay for overworked special educators. A special educator has two jobs into one, they teach students content through inclusion and co teaching and complete administrative proceedings after work while general educators and administrators are long gone for the day. And your choice was what? Switch, change, or leave the profession. The few of us that stay are considered special ourselves.

[Ken Fetke]

I have to agree with I have to agree with Evelyn. I have only been teaching special education for four years and each year the paper work grows. I have 15 students in my pre-vocational class that range from 16 to 26. I have to plan instruction at three different levels because of the different academic levels of the students. I have to teach, assess, reteach, collect data, and record data. Along with this I have to write all my students IEPs , monitor their goals and objectives, coordinate different services, etc. All the work can be overwhelming at times but I have found that it is worth it and I would not change teaching positions with anyone.
Thanks: Ken

[Amy]

I teach in a resource room at the middle school level even though my license is in elementary education with a minor in learning disabilities because of the lack of special educators applying for jobs in my community. I know that I am not highly qualified to teach the courses I do, but what would happen to my students if I was not able to teach them? Currently my school has an inclusion classroom for Math in which I help the teacher and my students. This is one of the ways that my school is able to keep me in my position and maintain the highly qualified status. I believe that as teachers, we do need to be highly qualified in the areas we teach, but is the government going to be willing to pay the higher costs for having us highly qualified?

[Mr. B]

Amy, to answer your question, no, the government will not pay the higher costs for having highly qualified teachers. In my opinion this would seem to be goal number one for the government. Why not challenge all teachers to excel and then reward them? I am a regular education teacher who feels the pain for every special educator I come in contact with. The work is doubled for special educators and the pay is the same. Special educators who have been in education for years really are special individuals. The sad fact is that they hardly ever get noticed in the schools. Will there ever be any type of merrit pay for highly qualified teachers, or teachers who excel in the classroom? Probably not and that is a problem. Individuals who teach special education teach it for a reason and not for the money. It would be nice see some type of incentive within education other than the incentive of knowing one did a great job with the students.

[Katisha Bragg]

I believe that for a teacher to be considered highly qualified in the area they teach they must be of quality, have good classroom management skills, and have expertise in their field. I know that school districts and Congress may call for other criteria, but alot of times you have special education teachers who are called into their field and had never taken one Special Education course. But, because they have various work experiences, they are able to come into a classroom and make a difference. I know several special educators, who unlike myself, do not have a special education/education degree, and are outstanding educators. They have a passion for teaching students, and exhibit all of the traits of a high quality teacher. Alot of times good teachers are prevented from entering the world of teaching because of the highly qualified bureaucracy. They come into special education knowing the work is extremely hard (especially with NCLB), knowing that there is a mountain of paperwork, and knowing that there is hardly any recognition. Teaching the students is the main focus and I think we need to be more proactive in finding out the best practices for doing this with the right people.