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Coordination Needed among Education Offices to Help States Meet the 
NCLBA Teacher Requirements' which was released on July 15, 2004.

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Report to the Ranking Minority Member, Committee on Health, Education, 
Labor, and Pensions, U.S. Senate:

United States Government Accountability Office:

GAO:

July 2004:

Special Education:

Additional Assistance and Better Coordination Needed among Education 
Offices to Help States Meet the NCLBA Teacher Requirements:

GAO-04-659:

GAO Highlights:

Highlights of GAO-04-659, a report to the Ranking Minority Member, 
Committee on Health, Education, Labor, and Pensions, United States 
Senate 

Why GAO Did This Study:

During the 2001-2002 school year, more than 400,000 special education 
teachers provided instructional services to approximately 6 million 
students with disabilities in U.S. schools. Two federal laws contain 
teacher qualification requirements that apply to special education 
teachers: the No Child Left Behind Act (NCLBA) and the Individuals 
with Disabilities Education Act (IDEA). 

Given the committee’s interest in issues related to highly qualified 
special education teachers, we are providing information about (1) the 
state certification requirements, including the use of alternative 
certification programs, for special education teachers, and how they 
relate to NCLBA requirements; (2) the factors that facilitate or 
impede state efforts to ensure that special education teachers meet 
NCLBA requirements; and (3) how different offices in the Department of 
Education (Education) assist states in addressing NCLBA teacher 
requirements. 

What GAO Found:

In the 2002-2003 school year, all states, the District of Columbia, 
and Puerto Rico required that special education teachers have a 
bachelor’s degree and be certified to teach—two of NCLBA’s teacher 
qualification requirements—and half required special education teachers 
to demonstrate subject matter competency in core academic subjects, 
which is the third requirement. Specifically, 24 states, the District 
of Columbia, and Puerto Rico required their teachers to demonstrate 
some level of subject matter competency by having a degree or passing 
state tests in the core academic subjects that they wished to teach. 
Teachers of core academic subjects in the remaining states that did not 
have such requirements might not be positioned to meet the NCLBA 
requirements. To meet NCLBA teacher requirements, teachers would need 
to demonstrate competency in core academic subjects by the end of the 
2005-2006 school year.
Status of Special Education Teacher Subject Matter Competency 
Requirements for School Year 2002-2003, by State: 

[See PDF for image]

[End of figure]

State education officials reported that the availability of funds to 
support professional development facilitated implementation of the 
NCLBA teacher requirements, while other factors, such as uncertainty 
about how to apply the subject matter competency requirement to special 
education teachers,short impeded implementation. State education 
officials and national education organizations’ representatives we 
interviewed cited the need felt that they needed for more assistance 
from Education in explaining NCLBA’s teacher requirements and 
identifying implementation strategies.

Education has provided a range of assistance, such as site visits, 
Web-based guidance, and financial assistance, to help states implement 
the highly qualified teacher requirements. However, department 
coordination related to the implementation of NCLBA’s teacher 
requirements for special education teachers has been limited.

What GAO Recommends:

GAO recommends that the Secretary of Education provide additional 
assistance to states in explaining NCLBA teacher requirements and 
identifying implementation strategies for special education teachers, 
and formalize its efforts to improve the department’s internal 
coordination related to the implementation of these teacher quality 
requirements. 

www.gao.gov/cgi-bin/getrpt?GAO-04-659.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Marnie S. Shaul, (202) 
512-7215, shaulm@gao.gov.

[End of section]

Contents:

Letter:

Results in Brief:

Background:

All States Implemented at Least Two of Three NCLBA Teacher Requirements 
for Special Education Teachers:

State Officials Cited Several Factors That Affected the Implementation 
of NCLBA Subject Matter Competency Requirements for Special Education 
Teachers:

Coordination among Education's Offices Responsible for Educating 
Students with Disabilities Was Limited:

Conclusions:

Recommendations for Executive Action:

Agency Comments and Our Evaluation:

Appendix I: Thirty-One States with Alternative Routes to Certification 
in Special Education during the 2002-2003 School Year:

Appendix II: Comments from the Department of Education:

Appendix III: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Staff Acknowledgments:

Table:

Table 1: Application of the NCLBA Teacher Quality Requirements to 
Special Educators' Instructional Roles:

Figure:

Figure 1: Status of Special Education Teacher Subject Matter Competency 
Requirements for School Year 2002-2003, by State:

Abbreviations:

ESEA: Elementary and Secondary Education Act: 
HOUSSE: high, objective, uniform state standard of evaluation: 
IDEA: Individuals with Disabilities Education Act: 
IEP: individualized education program: 
NCLBA: No Child Left Behind Act of 2001: 
OESE: Office of Elementary and Secondary Education: 
OSEP: Office of Special Education Programs:

United States Government Accountability Office:

Washington, DC 20548:

July 15, 2004:

The Honorable Edward M. Kennedy: 
Ranking Minority Member: 
Committee on Health, Education, Labor, and Pensions: 
United States Senate:

Dear Senator Kennedy:

During the 2001-2002 school year, more than 400,000 special education 
teachers provided instructional services to approximately 6 million 
students with disabilities in U.S. schools. Two federal laws contain 
teacher qualification requirements that apply to special education 
teachers: the No Child Left Behind Act (NCLBA) of 2001 and the 
Individuals with Disabilities Education Act (IDEA), which was last 
amended in 1997. Within the Department of Education (Education), the 
Office of Elementary and Secondary Education (OESE) has primary 
responsibility for implementing NCLBA requirements, and the Office of 
Special Education Programs (OSEP) has primary responsibility for 
implementing IDEA requirements. State officials have raised issues 
regarding the compatibility of the laws' teacher qualification 
requirements and how to apply NCLBA requirements to special education 
teachers.

NCLBA requires that all teachers of "core academic subjects," such as 
English, meet teacher qualification requirements, and most of these 
teachers must do so by the end of the 2005-2006 school year. To meet 
requirements, teachers (1) must have at least a bachelor's degree, (2) 
be certified to teach by their states, and (3) must demonstrate subject 
matter competence in each core academic subject that they teach. Under 
the NCLBA, all teachers, including special education teachers, who 
provide instruction in core academic subjects are generally required to 
meet NCLBA requirements. However, special education teachers who 
provide other types of instruction do not need to meet NCLBA 
requirements. IDEA generally requires teachers to be appropriately and 
adequately trained in accordance with standards established by each 
state but does not specify any other minimum qualifications for special 
education teachers. Congress is considering including provisions on 
special education teacher qualifications in the pending reauthorization 
of IDEA.

Given your interest in issues related to special education teacher 
qualifications, we are providing information about (1) the state 
certification requirements, including the use of alternative 
certification programs, for special education teachers, and how they 
relate to NCLBA requirements; (2) the factors that facilitate or impede 
state efforts to ensure that special education teachers meet NCLBA 
requirements; and (3) how different offices in the U.S. Department of 
Education assist states in addressing NCLBA teacher requirements.

To obtain this information, we used multiple data collection methods. 
First, we surveyed special education directors in 50 states, the 
District of Columbia, and Puerto Rico[Footnote 1] to obtain information 
on their states or territories for the 2002-2003 school year in the 
following areas: special education teacher certification requirements, 
the conditions or issues that affected implementation of the NCLBA 
teacher quality requirements for special education teachers, and the 
assistance that various Education offices provided states in 
implementing NCLBA requirements for special education teachers. We 
achieved a 100 percent response rate. Second, we interviewed education 
officials in 6 states: Arkansas, Maryland, Massachusetts, New York, 
South Dakota, and Washington. These states were selected for variance 
in the number of special education students served, the percentage of 
certified special education teachers, and geographic location. We also 
interviewed about 20 federal education officials and representatives 
from 8 national education organizations regarding special education 
teacher certification, qualifications, meeting NCLBA teacher 
requirements, and the assistance various Education offices provided to 
states in these areas. Finally, we reviewed the Internet sites of all 
states to gather information about certification requirements and 
alternative certification programs for special education teachers. We 
also analyzed agency documentation, legislation, and other 
documentation related to special education teacher qualifications and 
requirements. We conducted our work between August 2003 and June 2004 
in accordance with generally accepted government auditing standards.

Results in Brief:

In the 2002-2003 school year, all states required that special 
education teachers have a bachelor's degree and be certified to teach-
-two of the NCLBA teacher qualification requirements--and half required 
special education teachers to demonstrate competency in core academic 
subjects, the third requirement. Specifically, 26 states required their 
teachers to demonstrate some level of subject matter competency by 
having a degree or passing tests in the academic subjects that they 
wished to teach. The remaining states did not have such requirements; 
in these states, state-certified special education teachers who were 
assigned to teach core academic subjects might not be positioned to 
meet the NCLBA requirements. To meet NCLBA teacher requirements, 
teachers would need to demonstrate competency in core academic subjects 
by the end of the 2005-2006 school year. In 31 states that offered 
alternative routes to teacher certification, certification 
requirements for alternative route and traditional teacher preparation 
program graduates followed a similar pattern in terms of alignment with 
NCLBA teacher requirements.

State education officials reported that while the availability of funds 
to support professional development facilitated implementation of the 
subject matter competency requirements, other factors, such as 
uncertainty about how to apply these requirements to special education 
teachers teaching multiple subjects, impeded implementation. Some 
states helped teachers meet requirements by providing financial aid for 
coursework. Other states have provided services to help teachers meet 
requirements--for example, allowing teachers to demonstrate subject 
matter competency without taking an exam or pursuing a degree. About 
half of the state officials and national education organizations' 
representatives we interviewed reported that states needed more 
assistance on how to implement NCLBA teacher requirements. In addition, 
state officials reported that meeting the subject matter competency 
requirements would be challenging because of the time frame for 
implementation. Although recent Education guidance may have resolved 
some concerns regarding time frames, some state officials we 
interviewed have continued to report uncertainty regarding the 
application of the subject matter competency requirement to special 
education teachers. Education officials noted that NCLBA requirements 
apply to all teachers, but they also have said that the assessment 
level of the students being taught could be considered in determining 
the level of subject matter competency requirements for special 
education teachers. This could be confusing when special education 
teachers teach high school students functioning at elementary school 
levels because requirements differ for different grade levels.

Education has provided a range of assistance, such as site visits, Web-
based guidance, and financial assistance, to help states implement the 
highly qualified teacher requirements. However, department 
coordination related to the implementation of NCLBA's teacher 
requirements for special education teachers has been limited. Within 
Education, OESE has taken the lead in site visits and posting Web-based 
guidance, with support from offices such as the Office of the Secretary 
and Office of General Counsel. OSEP, however, played a limited role in 
these efforts. When states reportedly sought OSEP's guidance on 
requirements for special education teachers, OSEP officials told us 
that they generally referred state officials to OESE or to the NCLBA 
Web site. Further, until recently, OSEP was not a member of Education's 
teacher quality policy team, which is responsible for responding to 
state issues and identifying policy concerns. Special education teacher 
issues were among the most frequently discussed topics in team 
meetings. Because of OSEP's limited involvement prior to being added to 
the team, Education may not have been in a position to be fully 
apprised of how special education concerns could affect implementation. 
However, Education officials told us that they included OSEP by 
contacting it to clarify IDEA substantive issues.

In this report we are recommending that the Secretary of Education 
provide additional assistance to states in explaining NCLBA teacher 
quality requirements and identifying implementation strategies. We are 
also recommending that the Secretary of Education formalize efforts to 
improve the department's internal coordination related to the 
implementation of these NCLBA teacher quality requirements.

Background:

The No Child Left Behind Act of 2001,[Footnote 2] which reauthorized 
the Elementary and Secondary Education Act (ESEA), is designed to 
improve the education of all students and the quality of teachers. 
NCLBA requires that all teachers of "core academic subjects"--defined 
to mean English, reading or language arts, mathematics, science, 
foreign languages, civics and government, economics, arts, history, and 
geography--be "highly qualified." To be highly qualified, teachers (1) 
must have at least a bachelor's degree, (2) be certified to teach by 
their state, and (3) demonstrate subject matter competency in each core 
academic subject that they teach. A teacher's options for demonstrating 
subject matter competency vary according to whether the teacher is new 
and the grade level being taught. New elementary school teachers must 
demonstrate subject matter competency by passing a rigorous state exam 
in the basic elementary school curriculum; new middle or high school 
teachers may establish that they are highly qualified by either taking 
a rigorous state exam or successfully completing a degree (or 
equivalent credentialing) in each core academic subject taught. In 
addition, NCLBA allows current teachers to demonstrate subject matter 
competency based on a "high objective uniform state standard of 
evaluation."[Footnote 3] For example, under these uniform state 
standards, a combination of experience, expertise, and professional 
training could be used to meet the NCLBA subject matter competency 
requirements.

Education has issued guidance to states on how to apply NCLBA 
requirements to all teachers, including special education teachers. 
According to Education's January 2004 guidance, special education 
teachers who provide instruction in core academic subjects, such as 
teachers in self-contained classrooms, are required to comply with the 
NCLBA subject matter competency requirements. In contrast, those 
special educators who do not provide instruction in core academic 
subjects, such as those who provide consultative services to highly 
qualified general educators, do not have to comply with the NCLBA 
teacher requirements. In addition, Education's March 2004 guidance 
provided additional flexibility on the implementation deadline and 
competency requirements for some special education teachers. 
Specifically, the guidance stated that educators in eligible rural 
areas who are highly qualified in at least one core academic subject 
they teach would have 3 additional years to demonstrate subject matter 
competency in other academic areas. The guidance also states that 
teachers who provide instruction in multiple core academic subjects 
will be able to demonstrate their subject matter competency through one 
process under their states' uniform standards, such as taking a single 
test that covers multiple core academic subjects.[Footnote 4]

IDEA is the primary federal law that addresses the unique needs of 
children with disabilities, including, among others, children with 
specific learning disabilities, speech and language impairments, mental 
retardation, and serious emotional disturbance. The law mandates that a 
free appropriate public education be made available for all eligible 
children with disabilities, ensures due process rights, requires an 
individualized education program (IEP)[Footnote 5] for each student, 
requires the inclusion of students with disabilities in state and 
district wide assessment programs, and requires the placement of 
students in the least restrictive environment. Under IDEA, states are 
required to establish special education teacher requirements that are 
based on the highest requirements in the state for personnel serving 
children and youth with disabilities.

Congress is considering including new special education teacher 
qualifications in the reauthorized IDEA. Under H.R. 1350, a new 
definition of "highly qualified," as it refers to teachers, would be 
added with the same meaning as in NCLBA. In contrast, S. 1248 would add 
an extensive definition of "highly qualified" with respect to the 
qualification of educational personnel, while taking into account 
differences between special education and general education teachers. 
For example, under S. 1248, special education teachers who consult with 
secondary school core academic subject teachers for children with 
disabilities would need to be fully certified in special education and 
demonstrate the knowledge and skills necessary to teach students with 
disabilities, to be highly qualified.[Footnote 6] In addition, S. 1248 
proposes to extend the deadline for meeting the highly qualified 
teacher requirements by 1 year--to school year 2006-2007.

Two offices within the Department of Education are responsible for 
addressing special education teacher qualifications: the Office of 
Elementary and Secondary Education and the Office of Special Education 
Programs. The enactment of NCLBA significantly changed the expectations 
for all teachers, including those instructing students with 
disabilities. For example, states are now required to report on the 
qualifications of their teachers and the progress of their students.

OESE has assumed responsibility for developing policies for improving 
the achievement of all students and the qualifications of teachers. In 
addition, the office provides technical and financial assistance to 
states and localities, in part so they can help teachers meet the new 
qualification requirements. For example, in fiscal year 2003, OESE 
provided funding to state and local education agencies through its 
Improving Teacher Quality state grant program.[Footnote 7]

OSEP is responsible for providing leadership and financial resources to 
help states and localities implement IDEA for students with 
disabilities and their teachers. These responsibilities include 
awarding discretionary grants and contracts for projects designed to 
improve service provision to children with disabilities. In 2003, OSEP 
provided funding to 30 states through the State Improvement Grants 
program.[Footnote 8] OSEP also supports research on special education 
through centers such as the Center on Personnel Studies in Special 
Education.

All States Implemented at Least Two of Three NCLBA Teacher Requirements 
for Special Education Teachers:

In the 2002-2003 school year, all states required that special 
education teachers have a bachelor's degree and be certified to teach-
-two of the three NCLBA teacher qualification requirements--and half 
required special education teachers to demonstrate competency in core 
academic subjects, which is the third requirement. In the 26 states 
that did not require teachers to demonstrate subject matter competency, 
state-certified special education teachers who were assigned to 
instruct core academic subjects might not be positioned to meet the 
NCLBA requirements. In 31 states that offered alternative routes to 
teacher certification, certification requirements for alternative 
route and traditional teacher preparation program graduates followed a 
similar pattern, with half meeting two of three NCLBA teacher 
requirements.

Half of States Have Similar Teacher Requirements to NCLBA, but 26 
States Did Not Require Special Education Teachers to Demonstrate 
Competency in Core Academic Subjects:

Every state required special education teachers to hold at least a 
bachelor's degree and to be certified by their states before teaching, 
according to our survey results and reviews of Education documents and 
state Web sites.[Footnote 9] States varied in whether they offered one 
or more types of teaching certificates for special educators. 
Specifically, 30 states established a single certification for special 
education teachers that covered kindergarten through 12th grade, 
according to survey respondents. The remaining 22 states offered two or 
more certifications. For example, some states offered different 
certifications for teachers of elementary, middle school, and high 
school students. In addition, some states certified special education 
teachers to serve students with specific disability categories such as 
hearing impaired and emotionally disturbed, and/or with broader 
disability categories, such as mild, moderate, and severe special 
needs. Finally, several states certified their special education 
teachers for specific instructional roles such as general special 
education teacher, resource room teacher, or collaborative teacher.

During the 2002-2003 school year, 24 states, the District of Columbia, 
and Puerto Rico required special education teachers to demonstrate some 
level of competency in the core academic subjects that they wished to 
teach at the time of their initial certification by having a degree or 
passing tests in the academic subjects that they wished to teach. 
Teachers in these states are better positioned to meet NCLBA's teacher 
requirements. However, the level of competency required varied by state 
and in some cases may not meet NCLBA competency level requirements. The 
rest of the states did not have any such requirements. (See fig. 1.)

Figure 1: Status of Special Education Teacher Subject Matter Competency 
Requirements for School Year 2002-2003, by State:

[See PDF for image]

[End of figure]

In states that did not have these requirements, the certified special 
education teachers who were assigned to instruct core academic subjects 
might not be positioned to meet the NCLBA requirements. To meet NCLBA 
teacher requirements, these teachers would need to demonstrate subject 
matter competency by the end of the 2005-2006 school year.

The extent to which special education teachers were required to meet 
NCLBA subject matter competency requirements depended upon their 
instructional roles, which could sometimes be difficult for prospective 
teachers to determine. Special education teachers often attained their 
certification prior to being hired by local school districts for 
specific grade levels, subjects, or instructional roles. Therefore, 
these individuals might not be positioned to meet NCLBA teacher 
requirements for their future instructional roles. Furthermore, any 
special education teacher who was assigned to teach a different subject 
from one year to the next might meet subject matter competency 
requirements one year but not the next. According to Education 
officials, these challenges are not specific to special education 
teachers and will require school districts to be more mindful of 
teacher qualifications, including subject matter mastery, when 
assigning teachers to various teaching roles.

Special Education Teachers from Programs Offering Alternative Routes to 
Certification Were Generally Required to Meet the Same Certification 
Requirements as Other Special Education Teachers:

According to survey respondents, 31 states provided alternative routes 
to certification for prospective special education teachers. States 
have developed such routes to meet specific teacher shortages as well 
as to allow professionals in related fields to become teachers. The 
alternative routes to certification programs that we reviewed were 
generally administered by the state education agencies, often through 
institutions of higher education. However, this was not always the 
case: In Maryland, for example, one county contracted with Sylvan 
Learning Center[Footnote 10] and the New Teacher Project[Footnote 11] 
to provide its alternative route to certification program.

Most of the states that provided alternative routes to certification 
required that the graduates from such alternative route to 
certification programs fulfill the same certification requirements as 
graduates from traditional special education teacher preparation 
programs, such as having a bachelor's degree and passing teacher 
licensing examinations. The primary difference between alternative 
route programs and traditional teacher preparation programs was the 
extent to which teaching candidates received practical teaching 
experience prior to attaining full state certification.

In general, prospective teachers in alternative route to certification 
programs were required to receive more practical teaching experience 
before being certified than were teachers in traditional programs. For 
example, candidates in an alternative route to certification program in 
Illinois were required to complete a 1-year mentored teaching 
internship, while most traditional certification programs for special 
education teachers required teaching candidates to complete a 9-to 18-
week supervised student teaching assignment. This additional teaching 
experience has been required because individuals in some alternative 
programs have not received courses in pedagogy and instructional 
techniques. (See app. I for state special education alternative route 
to certification program contact information.)

State Officials Cited Several Factors That Affected the Implementation 
of NCLBA Subject Matter Competency Requirements for Special Education 
Teachers:

State officials indicated that implementing the core academic subject 
competency requirements of NCLBA would be difficult and cited factors 
that have facilitated or impeded application of this requirement to 
special education teachers. State officials identified several key 
facilitators, including having funds available to dedicate to special 
educators' professional development and having preexisting or ongoing 
efforts to develop subject matter competency standards for special 
educators. State officials and national education organizations' 
representatives also cited several factors that impeded meeting the 
subject competency requirements, including uncertainty about how to 
apply the law to special education teachers in some circumstances, and 
the need for additional assistance from Education in identifying 
implementation strategies.

Availability of Professional Development Funds Was among the Factors 
Cited as Facilitating the Implementation of NCLBA Requirements:

Survey respondents, as well as state officials and national education 
organizations' representatives we interviewed, reported that the 
availability of professional development funding and the flexibility to 
use funds were essential in helping teachers meet the NCLBA subject 
matter competency requirement. For example, officials in 19 states 
reported helping special education teachers by allocating some of the 
states' professional development money to financial aid for those 
seeking to enhance their knowledge in a core academic subject, such as 
by pursuing a degree. In addition, states can use their professional 
development funds to create alternative routes to certification. This 
could result in developing a cadre of special educators who would 
already have expertise in a core academic subject area.

Survey respondents described several state assistance initiatives that 
were designed to help special education teachers meet the subject 
matter competency requirements. For example, 17 survey respondents 
reported holding workshops for special education teachers on specific 
academic subjects, and a few states held review sessions to prepare 
teachers for states' academic content exams. In addition, respondents 
from 7 states reported providing sample test questions to help teachers 
prepare for subject matter competency tests. Nineteen survey 
respondents reported that their states had established partnerships 
with institutions of higher education to develop and implement 
strategies to assist special education teachers. For example, Arkansas 
collaborated with state colleges and universities to develop dual-
certification programs for special educators.

Officials we interviewed from 2 of 6 states said that they expected 
their uniform state standards of evaluation would make it easier for 
their experienced teachers to meet NCLBA subject matter requirements. 
Specifically, they asserted that these competency standards would allow 
states and territories to design alternative methods for evaluating 
teachers' knowledge of the subject matter they teach, other than having 
a degree or passing subject matter tests in a core academic subject. 
According to officials in 2 of the 6 states we interviewed, their 
alternative methods of evaluating teachers' subject matter competency 
would take into account both a teacher's years of experience and 
factors such as participation in professional development courses. A 
few state officials and national education organizations' 
representatives we spoke to commented that the flexibility to design 
alternative methods for evaluating teachers' subject matter knowledge 
provided more options for making subject matter competency assessments 
of experienced special education teachers.

Uncertainty about How to Apply the Subject Matter Competency 
Requirement to Special Education Teachers in Different Instructional 
Roles Was One of Several Barriers Cited to Meeting the NCLBA 
Requirements:

State officials we interviewed and surveyed reported being concerned 
about how difficult meeting the subject matter competency requirements 
might be for special educators providing instruction, given that their 
roles may require them to teach at multiple grade levels or multiple 
subjects. State officials told us that because of special educator 
shortages, special education teachers' instructional roles might vary. 
For example, some special educators might not have to meet subject 
matter competency requirements when they were hired, but subsequently 
might have to meet subject matter competency requirements for one or 
more core academic subjects, depending upon their instructional roles. 
Education has issued guidance that says that teachers instructing core 
academic subjects must demonstrate subject matter competency. This 
guidance applies to all teachers, including special education teachers. 
However, Education officials told us that the assessment level of the 
student being taught was a consideration in determining the application 
of the NCLBA subject matter competency requirement. The inclusion of 
the assessment levels in determining how to apply the NCLBA 
requirements may explain some of state officials' uncertainty regarding 
the application of the requirement to special education teachers.

About half of the state officials and national education organizations' 
representatives we interviewed reported that states needed more 
assistance on how to implement NCLBA teacher requirements for their 
special education teachers. For example, some state officials from 
Oklahoma and South Dakota reported being uncertain how to apply the 
requirements to the unique situations in which special education 
teachers provide instruction. Officials in these states reported that 
they were unclear whether a teacher providing instruction in core 
academic subjects to high school age students who are performing at the 
elementary level would need to meet elementary or high school level 
subject competency requirements (See table 1 for examples of the 
application of NCLBA requirements to special educators' instructional 
roles).[Footnote 12]

Table 1: Application of the NCLBA Teacher Quality Requirements to 
Special Educators' Instructional Roles:

Nature of work: Providing instruction to students in core academic 
subjects; 
Examples of associated roles: Providing instruction to special 
education students, e.g., teachers in self-contained classrooms and 
some resource room teachers; 
NCLBA requirements special education teachers must meet: 
(1) Bachelor's degree; 
(2) State certification; 
(3) Demonstration of subject matter competency in each core academic 
subject taught; 
(Elementary school teachers must only demonstrate subject matter 
competency in general elementary school curriculum.).

Nature of work: All other special education instruction; 
Examples of associated roles: Resource room teachers who reinforce 
instruction provided by other highly qualified teachers; 
Teachers that consult with a highly qualified general education teacher 
to assist students in one grade; 
NCLBA requirements special education teachers must meet: None. 

Source: GAO analysis of NCLBA requirements.

[End of table]

Officials from half the states we surveyed indicated that they did not 
believe the law provided enough flexibility for teachers to meet the 
subject competency requirements. A few state officials we interviewed, 
particularly those with a large percentage of rural districts, such as 
those in South Dakota and Arkansas, mentioned this perceived lack of 
flexibility as a key concern. In particular, these officials indicated 
that because their special education teachers often teach multiple 
subjects, they would have to attain multiple degrees or pass several 
subject matter tests to meet the subject matter competency requirement. 
Recent Education guidance issued after this survey was concluded gives 
states more time to help all teachers, including special education 
teachers who teach core academic subjects, in small, rural school 
districts, meet the requirements. Under this new guidance, teachers in 
eligible rural school districts, who are highly qualified in at least 
one subject, will have 3 years to become highly qualified in the 
additional subjects they teach.

State officials reported concerns about their states' ability to meet 
the federal timelines for implementing the NCLBA teacher requirements 
for special education teachers. Officials from 32 states reported that 
the time frames were not feasible for implementing the requirements. 
This included 15 states that had established subject matter competency 
requirements for their special education certification. However, 
depending on the specific state certification requirements, teachers in 
these states may still be required to do additional work to meet the 
subject matter competency requirements of NCLBA. In addition, some 
state officials reported that their states were not positioned to meet 
federal deadlines because some institutions of higher education had not 
aligned their programs with NCLBA requirements. For example, officials 
in 31 states reported that that current special education teacher 
preparation programs hindered implementation of NCLBA requirements, 
primarily because these programs did not emphasize majors or 
concentrations in core academic subjects. Given these conditions, state 
officials, in 3 of the 6 states we visited, reported the need for 
additional assistance in identifying strategies to meet the timelines 
for meeting requirements. Education also noted that the challenge 
facing states is developing new mechanisms to make sure that all 
teachers of core academic subjects are able to demonstrate appropriate 
subject matter mastery.

Some state officials and national education organizations' leaders also 
cited concerns that special education teachers currently teaching might 
leave the field rather than take exams or return to school to take the 
courses needed to demonstrate subject matter competency. Thirty-two 
survey respondents expressed concern that the potential flight of 
special education teachers would hinder efforts to implement the 
requirements.

Finally, state education officials reported uncertainty over how to 
reconcile requirements of the two laws that appear to be inconsistent 
and thus could impede implementation of NCLBA. These officials reported 
that they were unsure as to which act--IDEA or NCLBA--should take 
precedence in establishing personnel requirements for special education 
teachers. For example, under IDEA, a student's IEP could require that 
he be taught mathematics at a functional level 3 years below his 
chronological age, and under IDEA a certified special education teacher 
would be qualified to provide this instruction. However, under NCLBA, a 
teacher might not be qualified to instruct this student without first 
demonstrating subject matter competency in mathematics. According to 
Education officials, the requirements would depend in part on the 
assessment level of the students being taught. At the same time, 
Education officials noted that NCLBA teacher requirements apply to all 
teachers, including special education teachers. As a result of this 
uncertainty, some of the state special education officials we 
interviewed and surveyed said that they had decided to wait for further 
guidance or assistance before beginning to implement any NCLBA 
requirements for special education teachers. Education officials 
reported that they were aware that some states had expressed 
uncertainty about how to implement NCLBA's teacher requirements. 
Moreover, Education officials noted that states that wait for further 
guidance could hinder their special education teachers' ability to meet 
the subject matter competency requirements by the end of the 2005-2006 
school year.

Coordination among Education's Offices Responsible for Educating 
Students with Disabilities Was Limited:

Education has provided a range of assistance, such as site visits, Web-
based guidance, and financial assistance, to help states implement the 
highly qualified teacher requirements. However, department 
coordination related to the implementation of NCLBA's teacher 
requirements for special education teachers has been limited. OESE has 
taken the lead in providing this guidance, with support from offices 
such as the Office of General Counsel and the Office of the Secretary. 
OSEP played a limited role in these efforts. Further, departmental 
coordination among Education's offices was limited with respect to 
OSEP's involvement in other key teacher quality initiatives. Because of 
this, Education may not have been in a position to be fully apprised of 
how special education concerns could affect implementation of the NCLBA 
teacher requirements. However, Education officials told us that they 
included OSEP by contacting OSEP staff to clarify IDEA substantive 
issues. Further, Education officials told us they have recently added 
OSEP to the department's teacher quality policy team. However, 
Education currently does not have plans to develop written policies and 
procedures for coordination among its offices.

Education Provided Assistance to States in Implementing the NCLBA 
Teacher Requirements:

According to Education officials, OESE took the lead in providing 
assistance to states concerning the NCLBA teacher requirements, with 
some support provided by offices including OSEP, the Office of the 
Secretary, the Office of the Undersecretary, the Assistant Secretary of 
Elementary and Secondary Education, and the Office of General Counsel. 
One of OESE's key efforts to provide technical assistance to states was 
the Teacher Assistance Corps initiative, which sent teams of experts to 
states to provide clarification and guidance on implementing NCLBA 
teacher requirements. According to Education, these teams have been 
responsible for sharing promising strategies, providing advice on 
compliance issues, and assisting state officials in setting and meeting 
teacher quality goals. The teams have also gathered feedback from 
states on their concerns about implementing the teacher requirements. 
Team members have included lead officials from OESE and general 
counsel, individuals with expertise on issues of concern to particular 
states, higher education representatives, and education officials from 
that state. Education officials told us that OSEP staff did not 
participate in these visits, but two state officials with expertise in 
special education participated in some visits.

OESE also offered states other types of assistance. OESE created a 
teacher quality newsletter, and the Office of the Under Secretary 
created and then updated the No Child Left Behind Toolkit for Teachers 
booklet, to help teachers understand the law in general, the highly 
qualified teacher requirements, and to explain which teachers need to 
meet the NCLBA requirements. However, while the tool kit provided 
detailed information pertaining to general education teachers, it 
provided limited information for special education teachers. According 
to OESE officials, the office had also been developing a Web site on 
promising practices for implementing the NCLBA teacher quality 
requirements and had plans to feature special education on the site. 
However, at the time of our interviews, OESE did not have a timeline 
for when this Web site would be available. Finally, OESE also provided 
financial assistance to states through Improving Teacher Quality state 
grants; states could use this financial assistance to help special 
education teachers meet NCLBA teacher requirements.

Education's Internal Coordination on Special Education Teacher 
Qualification Issues Was Limited:

The enactment of NCLBA significantly changed the expectations for all 
students and their teachers in the nation's schools and increased the 
need for OESE and OSEP to coordinate their efforts. NCLBA covers to a 
greater extent than did previous educational legislation the groups 
that have historically been the primary responsibility of OSEP--
students with disabilities and their teachers. Moreover, NCLBA 
established qualifications for all teachers, including special 
education teachers, who provide instruction in core academic subjects 
such as English, language arts, mathematics, and science.

As state education officials began implementing NCLBA subject matter 
competency requirements, they sought guidance from OSEP, their primary 
source of information on special education issues. However, OSEP 
officials told us that they had generally referred these officials to 
OESE or to the NCLBA Web site. OSEP officials told us that they were 
waiting until IDEA is reauthorized to develop their own guidance on 
special education teacher quality requirements. However, during this 
time NCLBA requirements applied to special educators teaching core 
academic subjects, and several state officials told us they needed 
clarification of the guidance on these requirements.

Coordination between OSEP and OESE has generally been limited. For 
example, OSEP commented on the teacher quality policies and initiatives 
that OESE developed, but generally was not involved in the initial 
development of these policies. Education officials told us that OSEP 
was included in the implementation of the teacher requirements, noting 
that they contacted this office to clarify IDEA substantive issues and 
that OSEP officials reviewed NCLBA guidance. OSEP did not participate 
in OESE's Teacher Assistance Corps visits to states and generally was 
not involved in the analysis of the information that was collected from 
these visits. OESE officials told us that they did not believe that 
states would benefit from OSEP's participation in these visits, because 
the focus of the visits was on meeting the NCLBA requirements, not IDEA 
requirements. In addition, Education told us that there were no written 
policies or procedures to assist OESE and OSEP in coordinating the 
development and implementation of its teacher quality policies for 
special education teachers. Finally, these officials did not indicate 
that Education was planning to develop such policies.

In March 2003, Education formed a teacher quality policy team under the 
auspices of the Office of the Under Secretary and included other key 
offices in Education such as the Office of the Secretary, the Office of 
General Counsel, and OESE. This team, run by OESE, has focused on NCLBA 
implementation related to teacher qualifications, and special education 
teacher issues have been among the topics most frequently discussed. 
OSEP was not a member of this team until April 2004, when Education 
officials told us that OSEP had become a part of the team.

Conclusions:

NCLBA is a complex law with new requirements that hold states, 
districts, and schools accountable for ensuring that their teachers 
meet specific qualifications. Further, the law applies to all teachers, 
including special education teachers, resulting in states and districts 
having to reassess how they certify and assign special education 
teachers, as well as provide professional development geared toward 
helping teachers meet requirements.

State officials reported the need for assistance on how to meet NCLBA 
requirements, with Education also noting the need for states to have 
more information on strategies to meet requirements. Because half of 
the states do not have subject matter competency requirements as part 
of special education certification, these states in particular are 
challenged with developing strategies to help their teachers meet NCLBA 
requirements. Without additional assistance on such strategies, special 
education teachers may not be positioned to meet requirements by the 
end of 2005-2006 school year. In addition, several state education 
officials cited the need for additional clarification on the 
application of the NCLBA subject matter competency requirement to 
special education teachers in special circumstances, for example those 
providing instruction to high school age students who are performing at 
the elementary level. Without additional assistance from Education to 
resolve state concerns related to special education teacher 
qualification issues, some states might not be able to determine how to 
focus their resources to ensure that their teachers meet the act's 
requirements.

NCLBA covers to a greater extent than did previous elementary and 
secondary education acts the groups that have historically been the 
primary responsibility of OSEP--students with disabilities and their 
teachers. OESE has assumed primary responsibility for implementing 
NCLBA, including provisions applying to special education teachers. 
OESE has generally not relied on OSEP staff or information produced by 
OSEP to develop policy or guidance. Consequently, OESE may not have 
fully benefited from OSEP's expertise to inform its NCLBA discussions 
on policies and guidance related to special education teacher issues 
and requirements. Although Education has recently added OSEP to its 
NCLBA teacher quality policy team, overall NCLBA coordination efforts 
among Education offices have not been formalized in writing to ensure 
appropriate and continuing involvement of these offices. As a result, 
the department may not fully address states' needs for information and 
assistance on the implementation of NCLBA requirements for special 
education teachers.

Recommendations for Executive Action:

To better address states' concerns about their special education 
teachers being positioned to meet NCLBA teacher requirements, we 
recommend that the Secretary of Education provide additional assistance 
to states on strategies to meet the requirements and clarification of 
subject matter competency requirements for special education teachers.

To continue to improve policy development and technical assistance that 
Education's offices provide to states on NCLBA requirements, we 
recommend that Education formalize in writing coordination efforts 
between OESE and OSEP. For example, such efforts could include defining 
how OSEP's expertise and staff would be involved in developing NCLBA 
policies and guidance related to special education teachers and in 
providing technical assistance to states.

Agency Comments and Our Evaluation:

We provided a draft of this report to Education for review and comment. 
In their comments, Education officials noted that they believed their 
guidance was clear but recognized that states were still struggling to 
identify strategies to meet requirements. Education officials provided 
new information in their comments on the draft that indicated improved 
coordination among those Education offices that are involved in NCLBA 
policy development and guidance. Consequently, we modified the report 
on both these topics to reflect Educationsí comments. Education 
officials also provided technical comments that we incorporated into 
the report where appropriate. Educationís comments are reproduced in 
appendix II.

Given the difficulties states are experiencing in implementing the law 
and the level of uncertainty reported by state officials, we believe 
that additional assistance needs to be provided by Education to help 
states implement the requirements. In Educationís comments, the 
department noted that states were having difficulty implementing NCLBA 
teacher requirements. Education officials highlighted assistance they 
provided and their willingness to provide additional technical 
assistance, depending on what states need. We believe Education could 
help states by identifying strategies to help states meet requirements, 
especially those states without subject matter competency requirements 
for their special education teachers. In addition, Education noted in 
its comments that guidance on how to apply the NCLBA subject matter 
competency requirement for special education teachers instructing high 
school age students functioning at elementary school levels was not 
different from guidance for all teachers. However, Education officials 
have also said that the assessment level of a student could be 
considered in determining how to apply the NCLBA teacher requirements. 
We encourage Education to provide assistance to explain the 
requirements, particularly as they relate to unusual circumstances 
involving varying student assessment levels. We have modified the 
report to reflect Educationís comments.

We continue to believe that improved coordination is needed. However, 
we modified the report to reflect Educationís recent addition of OSEP 
to its teacher quality policy team. We acknowledge Educationís effort 
in this regard and encourage the department to formalize its 
coordination policies by putting them in writing. We believe that 
formalizing coordination efforts will ensure that the different offices 
continue to be involved in developing NCLBA policies and guidance 
related to special education teachers.

Copies of this report are being sent to the Secretary of Education, 
relevant congressional committees, and other interested parties. We 
will also make copies available to others upon request. In addition, 
the report will be made available at no charge on GAOís Web site at 
http://www.gao.gov.

Please contact me on (202) 512-7215 if you or your staff have any 
questions about this report. Other contacts and major contributors are 
listed in appendix III.

Sincerely yours,

Signed by: 

Marnie S. Shaul: 
Director, Education, Workforce, and Income Security Issues:

[End of section]

Appendix I: Thirty-One States with Alternative Routes to Certification 
in Special Education during the 2002-2003 School Year:

State: Alabama; 
State alternative route to certification in special education 
contact information: 
Director 
Teacher Education and Certification 
Alabama Department of Education 
Post Office Box 302101 
Montgomery, AL 36104 
Phone: (334) 242-9560 
Fax: (334) 242-0498 
Web site: www.alsde.edu

State: Arizona; 
State alternative route to certification in special education 
contact information: 
Deputy Associate Superintendent for Highly Qualified Professionals 
AZ Department of Education 
1535 W. Jefferson Street 
Phoenix, AZ 85007-6490 
Phone: (602) 364-2294 
Fax: (602) 542-1411 
Web site: www.ade.az.gov/certification

State: California; 
State alternative route to certification in special education 
contact information: 
California Commission on Teacher Credentialing 
1900 Capitol Avenue 
Sacramento, CA 95814 
Phone: (916) 327-8663 
Fax: (916) 324-8927 
Web site: www.ctc.ca.gov

State: Colorado; 
State alternative route to certification in special education 
contact information: 
Director 
Colorado Department of Education 
201 E. Colfax Avenue, Room 201 
Denver, CO 80203 
Phone: (303) 866-6932 
Fax: (303) 866-6968 
Web site: www.cde.state.co.us

State: Georgia; 
State alternative route to certification in special education 
contact information: 
Director 
Educator Preparation Professional Standards Commission 
Two Peachtree, Suite 6000 
Atlanta, GA 30303 
Phone: (404) 232-2640 
Fax: (404) 232-2760 
Web site: gapsc.com

State: Hawaii; 
State alternative route to certification in special education 
contact information: 
Hawaii Teacher Standards Board 
650 Iwilei Road, Suite 201 
Honolulu, HI 96817 
Phone: (808) 586-2617 
Fax: (808) 585-2606 
Web site: www.htsb.org

State: Kentucky; 
State alternative route to certification in special education 
contact information: 
Director 
Division of Professional Learning and Assessment 
Education Professional Standards Board 
100 Airport Road Third Floor 
Frankfort, KY 40601 
Phone: (502) 564-4606 
Fax: (502) 564-9484 
Web site: www.kyepsb.net

State: Louisiana; 
State alternative route to certification in special education 
contact information: 
Director of Teacher Certification and Higher Education 
Louisiana Department of Education 
1201 North Third Street 
Baton Rouge, LA 70802 
Phone: (225) 342-3562 
Fax: (225) 342-7367 
Web site: http://www/lde/index.html

State: Maine; 
State alternative route to certification in special education 
contact information: 
Education Policy Director 
Maine Department of Education 
23 State House Station 
Augusta, ME 04333 
Phone: (207) 624-6603 
Fax: (207) 624-6604 
Web site: www.state.me.us/education

State: Maryland; 
State alternative route to certification in special education 
contact information: 
Director of Quality Teaching 
Maryland State Department of Education 
200 West Baltimore St. 
Baltimore, MD 21201-2595 
Phone: (410) 767-0390 
Fax: (410) 333-8963 
Web site: marylandpublicschools.org/

State: Massachusetts; 
State alternative route to certification in special education 
contact information: 
Title II Accountability Team Leader 
Department of Education, Educator Preparation 
350 Main Street 5th Floor 
Malden, MA 02148 
Phone: (781) 338-3270 
Fax: (781) 338-3396 
Web site: www.doe.mass.edu

State: Michigan; 
State alternative route to certification in special education 
contact information: 
Higher Education Coordinator 
Michigan Department of Education (MDE) 
John A. Hannah Building, 
608 West Allegan Street, 
Lansing, MI 48933 Or P.O. Box 30008 
Lansing, MI 48909 
Phone: (517) 373-1925 
Fax: (517) 373-0542 
Web site: http://www.michigan.gov/mde

State: Mississippi; 
State alternative route to certification in special education 
contact information: 
Director 
Office of Educator Licensure 
Mississippi Department of Education 
P. O. Box 771 
Jackson, MS 39205- 0771 
Phone: (601) 359-3483 
Fax: (601) 359-2778 
Web site: www.mde.k12.ms.us/license/

State: Missouri; 
State alternative route to certification in special education 
contact information: 
Assistant Director 
Educator Preparation Department 
Elementary and Secondary Education 
PO Box 480 
Jefferson City, MO 65102 
Phone: (573) 522-2544 
Fax: (573) 526-3580 
Web site: http://dese.mo.gov/

State: Nevada; 
State alternative route to certification in special education 
contact information: 
Administrator 
Nevada Department of Education 
Office of Teacher Education and Licensure 
1820 E. Sahara Ave. Suite 205 
Las Vegas, NV 89104-3721 
Phone: (702) 486-6496 
Fax: (702) 486-6474 
Web site: www.nde.state.nv.us

State: New Hampshire; 
State alternative route to certification in special education 
contact information: 
Administrator 
Bureau of Credentialing 
Division of Program Support 
New Hampshire Department of Education 
101 Pleasant Street 
Concord, NH 03801 
Phone: (603) 271-4196 
Fax: (603) 271-8709 
Web site: ed.state.nh.us

State: New Mexico; 
State alternative route to certification in special education 
contact information: 
Director of Professional Licensure 
New Mexico State Dept. of Education 
Education Building, 
300 Don Gaspar 
Santa Fe, NM 87501-2786 
Phone: (505) 827-6581 
Fax: (505) 827-4148 
Web site: sde.state.nm.us/divisions/ais/licensure/index.html

State: New York; 
State alternative route to certification in special education 
contact information: 
Executive Coordinator 
New York State Education Department 
Office of Teaching Initiatives 
89 Washington Avenue - Room 5N EB 
Albany, NY 12234 
Phone: (518) 474-4661 
Fax: (518) 473-0271 
Web site: http://www.nysed.gov/tcert

State: North Carolina; 
State alternative route to certification in special education 
contact information: 
Director 
Division of Human Resource Management 
NC Department of Public Instruction 
Mail Service Center 6330 
Raleigh, NC 27699-6330 
Phone: (919) 807-3355 
Fax: (919) 807-3362 
Web site: www.ncpublicschools.org

State: Ohio; 
State alternative route to certification in special education 
contact information: 
Office of Educator Preparation 
Ohio Department of Education 
25 S. Front St. MS502 
Columbus, OH 43215-4183 
Phone: (614) 752-9447 
Fax: (614) 728-3058 
Web site: www.ode.state.oh.us

State: Oklahoma; 
State alternative route to certification in special education 
contact information: 
Director of Professional Services 
Oklahoma State Department of Education 
2500 North Lincoln Boulevard 
Oklahoma City, OK 73105-4599 
Phone: (405) 521-2062 
Fax: (405) 521-3744 
Web site: http://sde.state.ok.us

State: Pennsylvania; 
State alternative route to certification in special education 
contact information: 
Chief 
Division of Teacher Education 
Pa. Dept. of Education 
333 Market Street Third Floor 
Harrisburg, PA 17126 
Phone: (717) 783-9252 
Fax: (717) 783-6736 
Web site: www.teaching.state.pa.us

State: South Carolina; 
State alternative route to certification in special education 
contact information: 
Title II Coordinator 
South Carolina Department of Education 
3700 Forest Drive 
Columbia, SC 29204 
Phone: (803) 734-8944 
Fax: (803) 734-0872 
Web site: http://www.scteachers.org/

State: South Dakota; 
State alternative route to certification in special education 
contact information: 
Director of Teacher Education and Certification 
Department of Education 
700 Governors Drive 
Pierre, SD 57501-2291 
Phone: (605) 773-4774 
Fax: (605) 773-6139 
Web site: www.state.sd.us/deca/account/certif.htm

State: Tennessee; 
State alternative route to certification in special education 
contact information: 
Director 
Office of Teacher Licensing 
Tennessee State Department of Education 
5th Floor, Andrew Johnson Tower 
710 James Robertson Parkway 
Nashville, TN 37243-0377 
Phone: (615) 532- 4880 
Fax: (615) 532-1448 
Web site: http://www.tennessee.gov/education/lic_home.htm

State: Texas; 
State alternative route to certification in special education 
contact information: 
Program Administrator 
State Board for Educator Certification 
4616 W. Howard Lane Suite 120 
Austin, TX 78728 
Phone: (512) 238-3200 
Fax: (512) 238-3203 
Web site: www.sbec.state.tx.us

State: Utah; 
State alternative route to certification in special education 
contact information: 
Utah State Office of Education 
250 East 500 South 
P.O. Box 144200 
Salt Lake City, UT 84114-4200 
Phone: (801) 538-7739 
Fax: (801) 538-7973 
Web site: www.usoe.org

State: Vermont; 
State alternative route to certification in special education 
contact information: 
Director for Educator Quality 
Vermont Department of Education 
120 State Street Montpelier, VT 05620 
Phone: (802) 828-3850 
Fax: (802) 828-5107 
Web site: http://www.state.vt.us/educ

State: Virginia; 
State alternative route to certification in special education 
contact information: 
Director of Teacher Education 
Virginia Department of Education 
P.O. Box 2120 
Richmond, VA 23218-2120 
Phone: (804) 692-0251 
Fax: (804) 786-6759 
Web site: www.pen.k12.va.us

State: West Virginia; 
State alternative route to certification in special education 
contact information: 
Teacher Preparation Coordinator 
West Virginia Department of Education 
Building 6, Room 252 
1900 Kanawha Blvd. East Charleston, WV 25305-0330 
Phone: (304) 558-2703 
Fax: (304) 558-7843 
Web site: http://wvde.state.wv.us/

State: Wyoming; 
State alternative route to certification in special education 
contact information: 
Director 
Professional Teaching Standards Board 
1920 Thomes Ave. Suite 400 
Cheyenne, WY 82002 
Phone: (307) 777-6261 
Fax: (307) 777-8718 
Web site: www.k12.wy.us/ptsb. 

Source: GAO analysis of survey responses from the special education 
directors in the 50 states, the District of Columbia, and Puerto Rico, 
and state 2003 Title II reports.

[End of table]

[End of section]

Appendix II: Comments from the Department of Education:

UNITED STATES DEPARTMENT OF EDUCATION: 
WASHINGTON, D.C, 20202:

June 16, 2004:

Ms. Marnie Shaul: 
Director:
Education, Workforce and Income Security Issues: 
United States General Accounting Office: 
Washington, D.C. 20548:

Dear Ms. Shaul:

This is in response to GAO's draft report, "Special Education: 
Additional Guidance and Better Coordination needed among Education 
Offices to help States Meet the NCLB Teacher Requirements (GAO-04-
659)." We have carefully reviewed the document and appreciate the 
opportunity to comment.

The No Child Left Behind Act of 2001 (NCLB), which reauthorized the 
Elementary and Secondary Education Act of 1965 (ESEA), emphasizes 
teacher quality as one of the primary factors contributing to improved 
student achievement. Consistent with this emphasis, and to better equip 
States for the critical task of ensuring that all teachers of core 
academic subjects are highly qualified, the Department of Education 
(ED) dedicated significant resources to developing guidance that 
clearly articulates how the highly qualified teacher provisions affect 
all teachers and related personnel, including special educators.

NCLB Sets High Standards for All Teachers of Core Academic Subjects:

NCLB requires that all teachers of core academic subjects be highly 
qualified by the end of the 2005-2006 school year. It sets high 
standards for all teachers, including special education teachers, to 
know the subjects that they teach. This is a new, but important, 
challenge for many States and is a critical component of ensuring that 
all students can meet State standards, including special education 
students. The report recommends that ED provide additional guidance and 
support to States in their efforts to implement the highly qualified 
teacher requirements for special education teachers. ED intends to 
continue to provide guidance and technical assistance where it is 
needed. However, your own findings on pages 12 and 13 of the draft 
report show that one half of the States surveyed indicated that they 
didn't believe that the law "provided enough flexibility for teachers 
to meet the subject matter mastery requirements," whereas only six 
States found that our guidance impeded implementation. The draft report 
consequently implies that there is flexibility in the law that does not 
exist, and that the key issue is about ED's failure to provide "more" 
guidance. Furthermore, the report recommends that ED should issue 
guidance on whether special education teachers providing instruction to 
high school age students functioning at the elementary level would need 
to demonstrate subject matter competency at the high school level. The 
overemphasis of this idea in the report will likely be seen as 
suggesting, inappropriately we believe, that ED should permit such 
deviations from the NCLB requirements. Though this was not included 
among the report's conclusions, we strongly believe that the primary 
issue raised by GAO's survey data is not that ED has failed to provide 
sufficient guidance, but rather that many States are legitimately 
struggling to meet NCLB's very clear teacher quality requirements, 
which apply to all teachers of core academic subjects. The challenge 
facing States is not interpreting whether NCLB requirements superseded 
IDEA but rather developing new mechanisms to make sure that all 
teachers of core academic subjects, including special education 
teachers, are able to demonstrate appropriate subject matter mastery.

The report does not adequately present and discuss your survey findings 
concerning the response of a number of States to the NCLB highly 
qualified teacher requirements. The clear guidance from the Department 
has been that these requirements apply to special education teachers 
who provide instruction in core academic subjects, but the report finds 
that the response of a number of States has been to simply `wait for 
further guidance.' This delaying response by some States has robbed 
special education teachers in those States of at least eighteen months 
of time to prepare to meet those standards by the 2005-2006 deadline. 
State reluctance to tackle the challenges presented by NCLB's mandate 
to improve teacher quality should be acknowledged as one of the key 
'factors impeding State efforts to ensure that special education 
teachers meet NCLB requirements,' yet aside from this brief mention, it 
is not further addressed.

The report also mentions that, of 52 States surveyed, officials in 32 
States (or in one place 31) reported concerns or problems in meeting 
the content knowledge requirements of NCLB. Yet on pages 7-9 of the 
draft report, the report notes that 24 States, DC and Puerto Rico 
already have subject matter competency requirements. The juxtaposition 
of these facts raises serious questions that are never addressed in 
this document, such as why States that already have subject matter 
competency requirements view NCLB as imposing infeasible timeframes, 
creating mismatches with current teacher preparation programs, or 
contributing to a potential flight of special education teachers. 
Exploring these questions could have yielded helpful information to 
States that are legitimately struggling to implement NCLB's teacher 
quality requirements. Unfortunately, the report misses the opportunity 
to explore such questions, focusing instead on simply cataloguing State 
complaints.

The report notes "officials in 31 States reported that current special 
education teacher preparation programs hindered implementation of NCLB 
requirements, primarily because these programs did not emphasize majors 
or concentrations in core academic subjects." We concur with this 
finding, but we also believe that it should be more thoroughly 
discussed in your report. This is a significant obstacle to meeting the 
requirements of the law and ensuring that the students who most need 
them have teachers that can teach to State standards. Interestingly, 
this finding is also consistent with what we have learned through the 
Teacher Assistance Corps, regular communication with State and 
district officials, and outreach to State and local officials and 
practitioners at conferences and roundtable discussions nationwide.

Departmental Guidance and Technical Assistance:

Because the report recommends additional guidance, we would like to 
briefly outline the significant background and guidance that ED has 
already provided on NCLB's highly qualified teacher requirements.

In December of 2002, approximately 11 months after the enactment of 
NCLB, ED published regulations addressing the highly qualified teacher 
requirements, including a detailed discussion of how these requirements 
apply to special education teachers. Following up on requests for 
clarification about how the "highly qualified" requirements apply to 
special education teachers, these regulations contain the following 
discussion:

The ESEA specifies that all teachers of core academic subjects are to 
meet the requirements set forth in the statute. Students with limited 
English proficiency or with disabilities are expected to meet the same 
standards as all other students, and their teachers should be expected 
to have met the same standards for content knowledge. On the other 
hand, special educators who do not directly instruct students on any 
core academic subject or who provide only consultation to highly 
qualified teachers of core academic subjects in adapting curricula, 
using behavioral supports and interventions, and selecting appropriate 
accommodations do not need to meet the same "highly qualified" subject-
matter competency requirements that apply under the NCLB Act to 
teachers of core academic subjects. SEAs and LEAs must ensure that all 
special education personnel, including related services providers, meet 
the personnel-standards requirements of section 612(a)(15) of the IDEA 
and 34 CFR Sec. 300.136. Special education teachers who are providing 
instruction in core academic subjects also must meet the "highly 
qualified" requirements of the ESEA.

The Secretary recognizes that there is an urgent need for highly 
qualified teachers, and that critical shortages exist in some areas, 
particularly math and science teachers, and special education teachers. 
Nevertheless, the NCLB Act sets high standards for students, 
as well as teachers, and States should work to meet them. The statute 
provides a certain amount of flexibility in how the standards are met. 
Teachers can demonstrate competency by taking a test, and States have 
flexibility to tailor those tests to the subjects taught by teachers, 
including special education teachers and teachers of LEP students. This 
issue will be addressed further in guidance.

Following up on this initial discussion, within several weeks ED 
released the first draft of Title II: Improving Teacher Quality State 
Grants. Part A non-regulatory guidance, which includes extensive 
discussion of how NCLB's highly qualified requirements apply to all 
teachers, including special educators. Since then, revised and expanded 
versions of the Title II: Improving Teacher Quality State Grants non-
regulatory guidance were released in September 2003, January 2004, and 
March 2004, and another update is coming soon (see 
http://www.ed.gov/programs/teacherqual/guidance.doc). The Department 
views frequent updates to our guidance as essential to assisting 
States in their efforts to implement NCLB. Multiple items contained in 
these guidance documents directly or indirectly relate to the impact 
of NCLB's highly qualified teacher requirements on special education 
teachers. It is noteworthy that this guidance also addresses the issue 
of teachers who only provide consultative services, specifying that 
NCLB's highly qualified teacher requirements do not apply to such 
teachers.

In response to State concerns over the difficulty of ensuring that all 
special educators and other multi-subject teachers are highly 
qualified, in March 2004, ED also announced new flexibility that 
streamlines NCLB's requirements for veteran teachers of core academic 
subjects. A Dear Colleague letter was sent to States describing this 
new flexibility 
(see http://www.ed.gov/policy/elsec/guid/secletter/04033l.html).

Beyond the published guidance documents already discussed, ED also 
provided technical assistance to each State through the September 2003 
publication, and updated May 2004 version, of No Child Left Behind: A 
Toolkit for Teachers, (The Toolkit is on-line at http://www.ed.gov/
teachers/nclbguide/nclb-teachers-toolkit.pdf). The Toolkit is designed 
to provide teachers with valuable information about NCLB's teacher 
quality provisions. More than 100,000 of these booklets were 
distributed, and ED plans to distribute an updated Toolkit for Teachers 
to more than 300,000 professionals. In addition to guidance for special 
educators on the NCLB teacher requirements as well as student testing 
requirements and considerations, the toolkit includes a section called 
"Teaching Students with Disabilities." This section, along with a list 
of resources, was jointly developed with the Office of Special 
Education and Rehabilitative Services (OSERS) to ensure that special 
educators received helpful and accurate information.

To ensure that States had accurate information about the highly 
qualified teacher provisions, the Department also launched the Teacher 
Assistance Corps (TAC) --a team of 45 education experts, researchers, 
and practitioners who provide support to States. The TAC was 
specifically created to support State efforts in the implementation of 
NCLB's highly qualified teacher requirements. During visits to every 
State, including Puerto Rico and the District of Columbia, TAC members 
listened to the concerns of State and local officials, offered guidance 
and assistance, and shared interesting and promising initiatives around 
the nation addressing these concerns and challenges. Several TAC 
members were selected on the strength of their experience in special 
education --either as practitioners or policy makers at the State and 
local levels. Prior to the TAC visits, OESE staff discussed with OSERS 
how best to work together to address the needs of States. It was 
mutually decided OSERS would not send staff to each State, but would 
help with the process through other means, including suggesting TAC 
team members, and assisting with providing guidance and assistance to 
States that requested it during their visits.

TAC site visit agendas were custom tailored to State needs and requests 
for further guidance, and every visit included discussion of how NCLB's 
highly qualified teacher provisions apply to special education 
teachers. Beyond merely explaining the law, TAC members suggested 
solutions on the difficult question of how States, districts and 
schools can train, recruit and retain highly qualified special 
education teachers. TAC is an ongoing initiative and any State may 
request a follow-up visit or conference call.

Unfortunately, after TAC's initial round of visits, only a handful of 
States have taken advantage of this valuable opportunity for 
assistance.

Following up on TAC visits to each State, ED created a list of 
promising State initiatives, located on our teacher quality website, 
www.teacherquality.us. This information is available for every State to 
learn more about what is going on around the country, and is 
continuously updated as ED learns more about State initiatives.

In addition to recommending that ED provide further assistance to 
States, the report also recommends that ED coordinate more effectively 
between offices, primarily OESE and the Office of Special Education 
Programs (OSEP), which is part of OSERS. OESE is primarily responsible 
for overseeing and assisting States as they implement NCLB's highly 
qualified teacher provisions. In working to develop meaningful guidance 
and provide ongoing technical assistance to States, OESE worked with 
nearly every office in the Department --including all offices whose 
customers are directly impacted by the highly qualified teacher 
requirements. OSERS staff provided significant information and 
feedback, participating directly in key discussions relating to special 
education teachers. ED's guidance is consistent with the letter and 
spirit of NCLB and the Individuals with Disabilities Education Act 
(IDEA).

I would also like to clarify that staff from OSERS (including OSEP) are 
part of the teacher quality policy team that is currently run out of 
OESE. The team serves a staff role in responding to State issues and 
identifying policy issues, and reports to the NCLB Coordinating Board 
and the current Deputy Secretary, which makes any key policy decisions. 
OSERS leadership and staff, other program offices, and ED senior 
leadership are part of the NCLB Coordinating Board, which meets on a 
weekly basis.

As States work to implement the highly qualified teacher requirements 
for special education teachers, ED welcomes requests for technical 
assistance. Depending on State need, the Department is willing to 
provide additional technical assistance in a variety of ways, including 
sending relevant experts in special education to visit States or 
discussing these issues via conference. OESE will continue to work with 
relevant offices, including OSEP, in our efforts to develop policy 
consistent with NCLB and IDEA to implement the highly qualified teacher 
requirements.

We appreciate your efforts in preparing this report and providing us 
with an opportunity to submit these comments. Please feel free to 
contact us if you would like to discuss any of these matters further.

Sincerely,

Signed by: 

Troy Justesen:
Acting Deputy Assistant Secretary:
Office of Special Education and Rehabilitative Services:

Signed by: 

Raymond Simon: 
Assistant Secretary: 
Office of Elementary and Secondary Education: 

[End of section]

Appendix III: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Harriet C. Ganson, (202) 512-7042, gansonh@gao.gov 
Arthur T. Merriam Jr., (617) 788-0541, merriama@gao.gov:

Staff Acknowledgments:

In addition to those named above, Emily Leventhal, Benjamin Howe, 
Ron La Due Lake, Luann Moy, Jean McSween, Bob DeRoy, Bryon Gordon, Behn 
Kelly, and Amy Buck made key contributions to the report.

FOOTNOTES

[1] Hereinafter, the term states will refer collectively to the 50 
states plus the District of Columbia and Puerto Rico.

[2] Pub. L. No. 107-110, 115 Stat. 1425.

[3] Referred to as "HOUSSE" by state education administrators.

[4] For additional information on the U.S. Department of Education's 
March 2004 guidance on the opportunities for flexibility in meeting the 
No Child Left Behind Act's requirements, go to http://www.ed.gov/
policy/elsec/guid/secletter/040331.html.

[5] The term individualized education program refers to a written 
statement that is developed for each student with a disability that 
specifies, among other components, the goals and objectives for the 
student, describes the services that a student will receive, and 
specifies the extent to which the student will participate in the 
regular education setting with nondisabled peers and or in the general 
curriculum adopted for all students.

[6] For additional information see The Individuals with Disabilities 
Education Act (IDEA): Selected Changes that Would be Made to the Law by 
S. 1248, 108th Congress, Congressional Research Service (May 2004).

[7] Improving Teacher Quality state grants are made specifically to 
encourage states to improve the quality of their teaching force through 
activities such as recruiting and retaining highly qualified teachers 
and principals and reforming teacher and principal certification 
programs.

[8] The purpose of State Improvement Grant program is to assist state 
educational agencies and their partners with reforming and improving, 
among other things, their systems for professional development and 
technical assistance to improve results for children with disabilities.

[9] Although data are available on the numbers of certified and 
uncertified special education teachers, we did not consider the data to 
be sufficiently reliable for our reporting purposes.

[10] Sylvan Learning Centers is an international organization that 
provides personalized instruction to students of all ages and skill 
levels.

[11] The New Teacher Project is a national organization that works with 
state departments of education, school districts, and institutions of 
higher education to recruit, select, and train new teachers.

[12] Students with disabilities generally attend school with other 
students of similar ages. As a result, a high school-aged student with 
a disability would generally receive instruction with other high 
school-aged students in general education or separate classrooms. In 
addition, students with disabilities receive their instruction based 
upon their individuals needs. This instruction may be presented either 
at or below the student's chronological age grade level as required by 
the student's IEP. 

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