Iowa Admin. Code r. 281-41.156 - Personnel qualifications
(1)
General. The SEA must establish and maintain qualifications to
ensure that personnel necessary to carry out the purposes of Part B of the Act
and of this chapter are appropriately and adequately prepared, trained, and
licensed, including ensuring that those personnel have the content knowledge
and skills to serve children with disabilities.
(2)
Related services personnel and
paraprofessionals. The qualifications under subrule 41.156(1) must
include qualifications for related services personnel and paraprofessionals
that:
a. Are consistent with any
state-approved or state-recognized certification, licensing, registration, or
other comparable requirements that apply to the professional discipline in
which those personnel are providing special education or related services;
and
b. Ensure that related services
personnel who deliver services in their discipline or profession:
(1) Meet the requirements of paragraph
41.156(2)"a"; and
(2) Have not had certification or licensure
requirements waived on an emergency, temporary, or provisional basis;
and
(3) Allow paraprofessionals and
assistants who are appropriately trained and supervised, in accordance with
state law, regulation, or written policy, in meeting the requirements of this
chapter to be used to assist in the provision of special education and related
services under this chapter to children with disabilities.
(3)
Qualifications for
special education teachers. The qualifications described in subrule
41.156(1) must ensure that each person employed as a public school special
education teacher in the state who teaches in an elementary school, middle
school, or secondary school meets the following standards:
a. The teacher has obtained full state
certification as a special education teacher, including certification obtained
through alternative routes to certification, or has passed the state special
education teacher licensing examination and holds a license to teach in the
state as a special education teacher, except that a teacher teaching in a
public charter school must meet the certification or licensing requirements, if
any, set forth in the state's public charter school law;
b. The teacher has not had special education
certification or licensure requirements waived on an emergency, temporary, or
provisional basis; and
c. The
teacher holds at least a bachelor's degree.
(4)
Policy. In implementing
this rule, the state must adopt a policy that includes a requirement that AEAs
and LEAs in the state take measurable steps to recruit, hire, train, and retain
personnel described in this rule to provide special education and related
services under Part B of the Act and this chapter to children with
disabilities.
(5)
Rule of
construction . Notwithstanding any other individual right of action
that a parent or student may maintain under this chapter, nothing in this
chapter shall be construed to create a right of action on behalf of an
individual student or a class of students for the failure of a particular SEA,
AEA, or LEA employee to meet the requirements of this rule, or to prevent a
parent from filing a complaint about staff qualifications with the SEA as
provided for under this chapter.
(6)
Positive efforts to employ and
advance qualified individuals with disabilities. Each recipient of
assistance under Part B of the Act must make positive efforts to employ, and
advance in employment, qualified individuals with disabilities in programs
assisted under Part B of the Act.
(7)
Additional rules of
construction .
a. A special educator
teaching in one or more core academic subjects must be appropriately licensed
in each core academic subject or must collaborate with an appropriately
licensed teacher.
b. A teacher will
be considered to meet the standard in subrule 41.156(3) if that teacher is
participating in an alternative route to special education certification
program as follows:
(1) The teacher meets the
following requirements:
1. Before and while
teaching, receives high-quality professional development that is sustained,
intensive, and classroom-focused in order to have a positive and lasting impact
on classroom instruction;
2.
Participates in a program of intensive supervision that consists of structured
guidance and regular ongoing support for teachers or in 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
(2) The state ensures, through its
certification and licensure process, that the provisions in subparagraph
41.156(7)"b"(1) are met.
Notes
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