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U.S. Department of Education: Promoting Educational Excellence for all Americans

The definition of highly qualified special education teacher in Sec. 300.18 has been revised, as follows:

(1) Section 300.18(b), regarding requirements for highly qualified special education teachers in general, has been modified to clarify that, when used with respect to any special education teacher teaching in a charter school, highly qualified means that the teacher meets the certification or licensing requirements, if any, set forth in the State's public charter school law.

(2) A new Sec. 300.18(e), regarding separate "high objective uniform State standards of evaluation" (HOUSSE), has been added to provide that a State may develop a separate HOUSSE for special education teachers, provided that any adaptations of the State's HOUSSE would not establish a lower standard for the content knowledge requirements for special education teachers and meets all the requirements for a HOUSSE for regular education teachers. This provision also clarifies that a State may develop a separate HOUSSE for special education teachers, which may include single HOUSSE evaluations that cover multiple subjects.

(3) Section 300.18(g) (proposed Sec. 300.18(f)) ("Applicability of definition to ESEA requirements; and clarification of new special education teacher") has been revised as follows: (1) the heading has been revised, and (2) the language changed to clarify when a special education teacher is considered "new" for some purposes.

(4) Section 300.18(h) (proposed Sec. 300.18(g)) has been modified to clarify that the highly qualified special education teacher requirements also do not apply to private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children with disabilities under Sec. 300.138.