SEC. 9214.
USE OF THE TERM ``HIGHLY QUALIFIED” IN OTHER LAWS
Section Summary
ESSA Update
SEC. 9214. <<NOTE: 20 USC 1070g-2 note.>> USE OF THE TERM ``HIGHLY
QUALIFIED'' IN OTHER LAWS.
(a) References.--Beginning on the date of enactment of this Act--
(1) any reference in sections 420N, 428J, 428K, and 460 of
the Higher Education Act of 1965 (20 U.S.C. 1070g-2, 1078-10,
1078-11, and 1087j) to the term ``highly qualified'' as defined
in section 9101 of the Elementary and Secondary Education Act of
1965 shall be treated as a reference to such term under such
section 9101 as in effect on the day before the date of
enactment of this Act; and
[[Page 129 STAT. 2161]]
(2) any reference in section 6112 of the America COMPETES
Act (20 U.S.C. 9812), section 553 of the America COMPETES
Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n), to ``highly qualified'', as defined in section
9101 of the Elementary and Secondary Education Act of 1965, with
respect to a teacher, means that the teacher meets applicable
State certification and licensure requirements, including any
requirements for certification obtained through alternative
routes to certification.
(b) Education Sciences Reform Act of 2002.--Section 153(a)(1)(F)(ii)
of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543(a)(1)(F)(ii)) is amended by striking ``teachers who are highly
qualified (as such term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))'' and inserting
``teachers who meet the applicable State certification and licensure
requirements, including any requirements for certification obtained
through alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(14)(C).''.
(c) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended--
(1) in section 200 <<NOTE: 20 USC 1021.>> --
(A) by striking paragraph (13);
(B) in paragraph (17)(B)(ii), by striking ``to
become highly qualified'' and inserting ``who meets the
applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act''; and
(C) in paragraph (22)(D)(i), by striking ``becomes
highly qualified'' and inserting ``, with respect to
special education teachers, meets the qualifications
described in section 612(a)(14)(C) of the Individuals
with Disabilities Education Act'';
(2) in section 201(3), <<NOTE: 20 USC 1022.>> by striking
``highly qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure requirements,
including any requirements for certification obtained through
alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education
Act'';
(3) in section 202 <<NOTE: 20 USC 1022a.>> --
(A) in subsection (b)(6)(H), by striking ``highly
qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,'';
(B) subsection (d)--
(i) in paragraph (1)--
[[Page 129 STAT. 2162]]
(I) in subparagraph (A)(i)(I), by
striking ``be highly qualified
(including teachers in rural school
districts who may teach multiple
subjects, special educators, and
teachers of students who are limited
English proficient who may teach
multiple subjects)'' and inserting
``meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act (including teachers in rural school
districts, special educators, and
teachers of students who are limited
English proficient)''; and
(II) in subparagraph (B)(iii), by
striking ``become highly qualified,
which may include training in multiple
subjects to teach multiple grade levels
as may be needed for individuals
preparing to teach in rural communities
and for individuals preparing to teach
students with disabilities as described
in section 602(10)(D) of the Individuals
with Disabilities Education Act'' and
inserting ``meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act, which may include training in
multiple subjects to teach multiple
grade levels as may be needed for
individuals preparing to teach in rural
communities and for individuals
preparing to teach students with
disabilities''; and
(ii) in paragraph (5), by striking ``become
highly qualified teachers'' and inserting ``become
teachers who meet the applicable State
certification and licensure requirements,
including any requirements for certification
obtained through alternative routes to
certification, or, with regard to special
education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act''; and
(C) in subsection (e)(2)(C)(iii), by striking
subclause (IV) and inserting the following:
``(IV) meet the applicable State
certification and licensure
requirements, including any requirements
for certification obtained through
alternative routes to certification, or,
with regard to special education
teachers, the qualifications described
in section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act, when the applicant begins to
fulfill the service obligation under
this clause; and'';
(4) in section 204, <<NOTE: 20 USC 1022c.>> by striking
``highly qualified teachers'' each place it appears and
inserting ``teachers who meet the applicable State certification
and licensure requirements,
[[Page 129 STAT. 2163]]
including any requirements for certification obtained through
alternative routes to certification, or, with regard to special
education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)(14)(C)),'';
(5) in section 205(b)(1)(I), <<NOTE: 20 USC 1022d.>> by
striking ``highly qualified teachers'' and inserting ``teachers
who meet the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(6) in section 207(a)(1), <<NOTE: 20 USC 1022f.>> by
striking ``highly qualified teachers'' and inserting ``teachers
who meet the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act,'';
(7) in section 208(b) <<NOTE: 20 USC 1022g.>> --
(A) , by striking ``are highly qualified, as
required under section 1119 of the Elementary and
Secondary Education Act of 1965,'' and inserting ``meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification,''; and
(B) by striking ``is highly qualified by the
deadline, as required under section 612(a)(14)(C) of the
Individuals with Disabilities Education Act'' and
inserting ``meets the qualifications described in
section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(8) in section 242(b) <<NOTE: 20 USC 1033a.>> --
(A) in the matter preceding paragraph (1), by
striking ``are highly qualified'' and inserting ``meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,'';
(B) in paragraph (1), by striking ``are highly
qualified,'' and inserting ``meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act,''; and
(C) in paragraph (3), by striking ``highly qualified
teachers and principals'' and inserting ``teachers who
meet the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act, and highly qualified principals'';
(9) in section 251(b)(1)(A)(iii), <<NOTE: 20 USC 1034.>> by
striking ``are highly qualified'' and inserting ``meet the
applicable State certification and
[[Page 129 STAT. 2164]]
licensure requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education teachers,
the qualifications described in section 612(a)(14)(C) of the
Individuals with Disabilities Education Act'';
(10) in section 255(k) <<NOTE: 20 USC 1035.>> --
(A) by striking paragraph (1) and inserting the
following:
``(1) meets the applicable State certification and licensure
requirements, including any requirements for certification
obtained through alternative routes to certification, or, with
regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act;''; and
(B) in paragraph (3), by striking ``teacher who
meets the requirements of section 9101(23) of such Act''
and inserting ``teacher who meets the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'';
(11) in section 258(d)(1)--
(A) by striking ``highly qualified''; and
(B) by inserting ``, who meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification, or, with regard to
special education teachers, the qualifications described
in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act'' before the period at the
end; and
(12) section 806 <<NOTE: 20 USC 1161f.>> --
(A) in subsection (a), by striking paragraph (2);
and
(B) in subsection (c)(1), by striking ``highly
qualified teachers'' and inserting ``teachers who meet
the applicable State certification and licensure
requirements, including any requirements for
certification obtained through alternative routes to
certification, or, with regard to special education
teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities
Education Act,''.
(d) Individuals With Disabilities Education Act.--The Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended--
(1) in section 602, <<NOTE: 20 USC 1401.>> by striking
paragraph (10);
(2) in section 612(a)(14) <<NOTE: 20 USC 1412.>> --
(A) in subparagraph (C), by striking ``secondary
school is highly qualified by the deadline established
in section 1119(a)(2) of the Elementary and Secondary
Education Act of 1965'' and inserting ``secondary
school--
``(i) has obtained full State certification as
a special education teacher (including
participating in an alternate route to
certification as a special educator, if such
alternate route meets minimum requirements
described in section 2005.56(a)(2)(ii) of title
34, Code of Federal Regulations, as such section
was in effect
[[Page 129 STAT. 2165]]
on November 28, 2008), or passed the State special
education teacher licensing examination, and holds
a license to teach in the State as a special
education teacher, except with respect to any
teacher teaching in a public charter school who
shall meet the requirements set forth in the
State's public charter school law;
``(ii) has not had special education
certification or licensure requirements waived on
an emergency, temporary, or provisional basis; and
``(iii) holds at least a bachelor's degree.'';
(B) in subparagraph (D), by striking ``highly
qualified personnel'' and inserting ``personnel who meet
the applicable requirements described in this
paragraph''; and
(C) in subparagraph (E), by striking ``staff person
to be highly qualified'' and inserting ``staff person to
meet the applicable requirements described in this
paragraph'';
(3) in section 653(b) <<NOTE: 20 USC 1453.>> --
(A) in paragraph (7), by striking ``highly qualified
teachers'' and inserting ``teachers who meet the
qualifications described in section 612(a)(14)(C)''; and
(B) in paragraph (8), by striking ``teachers who are
not highly qualified'' and inserting ``teachers who do
not meet the qualifications described in section
612(a)(14)(C)''; and
(4) in section 654 <<NOTE: 20 USC 1454.>> --
(A) in subsection (a)(4), in the matter preceding
subparagraph (A), by striking ``highly qualified special
education teachers, particularly initiatives that have
been proven effective in recruiting and retaining highly
qualified teachers'' and inserting ``special education
teachers who meet the qualifications described in
section 612(a)(14)(C), particularly initiatives that
have been proven effective in recruiting and retaining
teachers''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking
``certification of special education teachers for
highly qualified individuals with a baccalaureate
or master's degree'' and inserting ``certification
of special education teachers for individuals with
a baccalaureate or master's degree who meet the
qualifications described in section
612(a)(14)(C)''; and
(ii) in paragraph (4), by striking ``highly
qualified special education teachers'' and
inserting ``special education teachers who meet
the qualifications described in section
612(a)(14)(C)''; and
(C) in section 662 <<NOTE: 20 USC 1462.>> --
(i) in subsection (a)--
(I) in paragraph (1), by striking
``highly qualified personnel, as defined
in section 651(b)'' and inserting
``personnel, as defined in section
651(b), who meet the applicable
requirements described in section
612(a)(14)''; and
(II) in paragraph (5), by striking
``special education teachers are highly
qualified'' and inserting ``special
education teachers meet the
qualifications described in section
612(a)(14)(C)'';
[[Page 129 STAT. 2166]]
(ii) in subsection (b)(2)(B), by striking
``highly qualified teachers'' and inserting
``special education teachers who meet the
qualifications described in section
612(a)(14)(C)''; and
(iii) in subsection (c)(4)(B), by striking
``highly qualified personnel'' and inserting
``personnel who meet the applicable requirements
described in section 612(a)(14)''.
(e) Individuals With Disabilities Education Improvement Act of
2004.--Section 302(a) of the Individuals with Disabilities Education
Improvement Act of 2004 (20 U.S.C. 1400 note) is amended--
(1) by striking ``Part D.--'' through ``parts A'' and
inserting ``Part D.--Parts A'' ; and
(2) by striking paragraph (2).
NCLB Text
Previously not included in NCLB.
