Sec. 1117. Qualifications for teachers and paraprofessionals
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Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) is amended— by striking section 1117; by redesignating section 1119 as section 1117, and moving it so as to precede section 1118; by redesignating sections 1120, 1120A, and 1120B as sections 1119, 1120, and 1120A, respectively; and in section 1117, as redesignated by paragraph (2)— by striking subsections
(a)and
(b)and inserting the following: Except as provided in paragraph (2), each local educational agency receiving assistance under this part shall ensure that all teachers teaching a core academic subject in a program supported with funds under this part are highly qualified teachers and are certified in the subject area in which the teachers are assigned to teach. Each local educational agency located in a State in which the State has fully implemented a professional growth and improvement system shall only be required to comply with the requirements under paragraph
(1)as they relate to new teachers. In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site classroom teacher for a core academic subject in a small, rural, or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide such instruction by a teacher who is a highly qualified teacher for purposes of the core academic subject, as long as— the teacher who is a highly qualified teacher in the core academic subject— is responsible for providing at least 50 percent of the direct instruction in the core academic subject through distance learning; is responsible for monitoring student progress; and is the teacher who assigns the students their grades; and an on-site teacher who is a highly qualified teacher for a subject other the core academic subject taught through distance learning is present in the classroom throughout the period of distance learning and provides supporting instruction and assistance to the students. Notwithstanding any other provision of law, the requirements of subsection
(a)on local educational agencies with respect to highly qualified teachers shall not apply to a teacher of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis. A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), verify the competency of a public school teacher of American Indian, Alaska Native, or Native Hawaiian language or culture to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer. Notwithstanding any other provision of law, the requirements of subsection
(a)on local educational agencies with respect to highly qualified teachers, shall not apply to a teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history and who provides instruction in such subject, whether on a part-time or occasional basis. A State may require that a local tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), verify the competency of the instructor described in subparagraph
(A)of American Indian, Alaska Native, or Native Hawaiian history to teach such subject, to the chief administrative officer of the local educational agency or the chief State school officer. ; in subsection (c)(1), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and ; by striking subsections
(d)and (l); by redesignating subsections (e), (f), (g), (h), (i), (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; in subsection (d), as redesignated by subparagraph (D), by striking Subsections
(c)and
(d)and inserting Subsection
(c); and by striking subsection (i), as redesignated by subparagraph (D), and inserting the following: A State educational agency may not require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. .
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