34 CFR 200.56 - Definition of

§ 200.56 Definition of “highly qualified teacher.”
A teacher described in § 200.55(a) and (b)(1) is a “highly qualified teacher” if the teacher meets the requirements in paragraph (a) and paragraph (b), (c), or (d) of this section.
(a) In general.
(1) Except as provided in paragraph (a)(3) of this section, a teacher covered under § 200.55 must—
(i) Have obtained full State certification as a teacher, which may include certification obtained through alternative routes to certification; or
(ii)
(A) Have passed the State teacher licensing examination; and
(B) Hold a license to teach in the State.
(2) A teacher meets the requirement in paragraph (a)(1) of this section if the teacher—
(i) Has fulfilled the State's certification and licensure requirements applicable to the years of experience the teacher possesses; or
(ii) Is participating in an alternative route to certification program under which—
(A) The teacher—
(1) Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
(2) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
(3) Assumes functions as a teacher only for a specified period of time not to exceed three years; and
(4) Demonstrates satisfactory progress toward full certification as prescribed by the State; and
(B) The State ensures, through its certification and licensure process, that the provisions in paragraph (a)(2)(ii) of this section are met.
(3) A teacher teaching in a public charter school in a State must meet the certification and licensure requirements, if any, contained in the State's charter school law.
(4) If a teacher has had certification or licensure requirements waived on an emergency, temporary, or provisional basis, the teacher is not highly qualified.
(b) Teachers new to the profession. A teacher covered under § 200.55 who is new to the profession also must—
(1) Hold at least a bachelor's degree; and
(2) At the public elementary school level, demonstrate, by passing a rigorous State test (which may consist of passing a State certification or licensing test), subject knowledge and teaching skills in reading/language arts, writing, mathematics, and other areas of the basic elementary school curriculum; or
(3) At the public middle and high school levels, demonstrate a high level of competency by—
(i) Passing a rigorous State test in each academic subject in which the teacher teaches (which may consist of passing a State certification or licensing test in each of these subjects); or
(ii) Successfully completing in each academic subject in which the teacher teaches—
(A) An undergraduate major;
(B) A graduate degree;
(C) Coursework equivalent to an undergraduate major; or
(D) Advanced certification or credentialing.
(c) Teachers not new to the profession. A teacher covered under § 200.55 who is not new to the profession also must—
(1) Hold at least a bachelor's degree; and
(2)
(i) Meet the applicable requirements in paragraph (b)(2) or (3) of this section; or
(ii) Based on a high, objective, uniform State standard of evaluation in accordance with section 9101(23)(C)(ii) of the ESEA, demonstrate competency in each academic subject in which the teacher teaches.
(d) A special education teacher is a “highly qualified teacher” under the Act if the teacher meets the requirements for a “highly qualified special education teacher” in 34 CFR 300.18.
(Approved by the Office of Management and Budget under control number 1810-0581)
(Authority: 20 U.S.C. 1401(10); 7801(23))
[67 FR 71729, Dec. 2, 2002, as amended at 73 FR 64513, Oct. 29, 2008]

Title 34 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 20 - EDUCATION

§ 6301 - Statement of purpose

§ 6302 - Authorization of appropriations

§ 6303 - School improvement

§ 6304 - State administration

§ 6311 - State plans

§ 6312 - Local educational agency plans

§ 6313 - Eligible school attendance areas

§ 6314 - Schoolwide programs

§ 6315 - Targeted assistance schools

§ 6316 - Academic assessment and local educational agency and school improvement

§ 6317 - School support and recognition

§ 6318 - Parental involvement

§ 6319 - Qualifications for teachers and paraprofessionals

§ 6320 - Participation of children enrolled in private schools

§ 6321 - Fiscal requirements

§ 6322 - Coordination requirements

§ 6331 - Grants for the outlying areas and the Secretary of the Interior

§ 6332 - Allocations to States

§ 6333 - Basic grants to local educational agencies

§ 6334 - Concentration grants to local educational agencies

§ 6335 - Targeted grants to local educational agencies

§ 6336 - Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001

§ 6337 - Education finance incentive grant program

§ 6338 - Special allocation procedures

§ 6339 - Carryover and waiver

§ 6361 - Purposes

§ 6362 - Formula grants to State educational agencies

§ 6363 - State formula grant applications

§ 6364 - Targeted assistance grants

§ 6365 - External evaluation

§ 6366 - National activities

§ 6367 - Information dissemination

§ 6368 - Definitions

§ 6371 - Purposes; definitions

§ 6372 - Local Early Reading First grants

§ 6373 - Federal administration

§ 6374 - Information dissemination

§ 6375 - Reporting requirements

§ 6376 - Evaluation

§ 6381 - Statement of purpose

§ 6381a - Program authorized

§ 6381b - State educational agency programs

§ 6381c - Uses of funds

§ 6381d - Program elements

§ 6381e - Eligible participants

§ 6381f - Applications

§ 6381g - Award of subgrants

§ 6381h - Evaluation

§ 6381i - Indicators of program quality

§ 6381j - Research

§ 6381k - Construction

§ 6383 - Improving literacy through school libraries

§ 6391 - Program purpose

§ 6392 - Program authorized

§ 6393 - State allocations

§ 6394 - State applications; services

§ 6395 - Secretarial approval; peer review

§ 6396 - Comprehensive needs assessment and service-delivery plan; authorized activities

§ 6397 - Bypass

§ 6398 - Coordination of migrant education activities

§ 6399 - Definitions

§ 6421 - Purpose and program authorization

§ 6422 - Payments for programs under this part

§ 6431 - Eligibility

§ 6432 - Allocation of funds

§ 6433 - State reallocation of funds

§ 6434 - State plan and State agency applications

§ 6435 - Use of funds

§ 6436 - Institution-wide projects

§ 6437 - Three-year programs or projects

§ 6438 - Transition services

§ 6439 - Evaluation; technical assistance; annual model program

§ 6451 - Purpose

§ 6452 - Programs operated by local educational agencies

§ 6453 - Local educational agency applications

§ 6454 - Uses of funds

§ 6455 - Program requirements for correctional facilities receiving funds under this section

§ 6456 - Accountability

§ 6471 - Program evaluations

§ 6472 - Definitions

§ 6491 - Evaluations

§ 6492 - Demonstrations of innovative practices

§ 6493 - Assessment evaluation

§ 6494 - Close Up fellowship program

§ 6511 - Purpose

§ 6512 - Program authorization

§ 6513 - State applications

§ 6514 - State use of funds

§ 6515 - Local applications

§ 6516 - Local use of funds

§ 6517 - Evaluation and reports

§ 6518 - Quality initiatives

§ 6531 - Short title

§ 6532 - Purposes

§ 6533 - Funding distribution rule

§ 6534 - Advanced placement test fee program

§ 6535 - Advanced placement incentive program grants

§ 6536 - Supplement, not supplant

§ 6537 - Definitions

§ 6551 - Short title

§ 6552 - Purpose

§ 6553 - Authorization of appropriations

§ 6555 - National activities

§ 6561 - Definitions

§ 6561a - Program authorized

§ 6561b - Applications

§ 6561c - State reservation

§ 6561d - Strategies and capacity building

§ 6561e - Selection of local educational agencies for subgrants

§ 6561f - Community based organizations

§ 6561g - Technical assistance

§ 6561h - School dropout rate calculation

§ 6561i - Reporting and accountability

§ 6571 - Federal regulations

§ 6572 - Agreements and records

§ 6573 - State administration

§ 6574 - Local educational agency spending audits

§ 6575 - Prohibition against Federal mandates, direction, or control

§ 6576 - Rule of construction on equalized spending

§ 6577 - State report on dropout data

§ 6578 - Regulations for

Title 34 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR 200 after this date.

  • 2013-12-27; vol. 78 # 249 - Friday, December 27, 2013
    1. 78 FR 79222 - Title I—Improving the Academic Achievement of the Disadvantaged; Migrant Education Program
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education
      Notice of proposed rulemaking.
      We must receive your comments on or before February 25, 2014.
      34 CFR Part 200