Sec. 9214. USE OF THE TERM “HIGHLY QUALIFIED” IN OTHER LAWS

2,275 words·~10 min read·/statute-compilations/comps-11851/sec-9214

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 9214 USE OF THE TERM “HIGHLY QUALIFIED” IN OTHER LAWS **[**[20 U.S.C. 1070g-2 note](/us/usc/t20/s1070g-2)**]** ###

(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 ####

(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)**[**[20 U.S.C. 1021](/us/usc/t20/s1021)**]** in section 200— #####

(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)**[**[20 U.S.C. 1022](/us/usc/t20/s1022)**]** in section 201(3), 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)**[**[20 U.S.C. 1022a](/us/usc/t20/s1022a)**]** in section 202— #####

(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)— ######

(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)**[**[20 U.S.C. 1022c](/us/usc/t20/s1022c)**]** in section 204, by striking “highly qualified teachers” each place it appears 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)),”; ####

(5)**[**[20 U.S.C. 1022d](/us/usc/t20/s1022d)**]** in section 205(b)(1)(I), 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)**[**[20 U.S.C. 1022f](/us/usc/t20/s1022f)**]** in section 207(a)(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,”; ####

(7)**[**[20 U.S.C. 1022g](/us/usc/t20/s1022g)**]** in section 208(b)— #####

(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)**[**[20 U.S.C. 1033a](/us/usc/t20/s1033a)**]** in section 242(b)— #####

(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)**[**[20 U.S.C. 1034](/us/usc/t20/s1034)**]** in section 251(b)(1)(A)(iii), 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”; ####

(10)**[**[20 U.S.C. 1035](/us/usc/t20/s1035)**]** in section 255(k)— #####

(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)**[**[20 U.S.C. 1161f](/us/usc/t20/s1161f)**]** section 806— #####

(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)**[**[20 U.S.C. 1401](/us/usc/t20/s1401)**]** in section 602, by striking paragraph (10); ####

(2)**[**[20 U.S.C. 1412](/us/usc/t20/s1412)**]** in section 612(a)(14)— #####

(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 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)**[**[20 U.S.C. 1453](/us/usc/t20/s1453)**]** in section 653(b)— #####

(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)**[**[20 U.S.C. 1454](/us/usc/t20/s1454)**]** in section 654— #####

(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)**[**[20 U.S.C. 1462](/us/usc/t20/s1462)**]** in section 662— ######

(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)”; ######

(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).

Connectionstraces to 23