DLD's Comments on IDEA Regulations at Public Meeting

The Division for Learning Disabilities (DLD) is a division of the Council for Exceptional Children (CEC). CEC, which is the largest international professional organization dedicated to improving educational outcomes for individuals with exceptionalities, advocates for appropriate governmental policies, sets professional standards, provides continual professional development, advocates for newly and historically underserved individuals with exceptionalities, and helps professionals obtain conditions and resources necessary for effective professional practice. DLD's membership is composed primarily of teachers and other school-based professionals. Our major mission is to provide information and resources for teaching students with learning disabilities as well as promoting the use of evidence-based practice.

As a member of the Learning Disabilities Roundtable that previously submitted comments and recommendations on regulatory issues related to IDEA 2004, DLD would like to thank the Department of Education for incorporating much of the proposed regulatory language we developed. In my remarks today I wish to address two major areas in the proposed regulations for IDEA 04, specifically sections related to "highly qualified special education teachers" and "procedures for evaluating students with specific learning disabilities." DLD hopes you will consider our recommendations as you develop the final regulations.

Learning Disabilities

300.307 DLD supports the consensus document submitted by the 14 stakeholder organizations but is still concerned with using procedures such as response to intervention models that do not have extensive, empirically-based data to show improved efficacy to identify specific learning disabilities and guide large-scale implementation.

300.308 (b) (1) DLD supports including a special education teacher as a group member when determining if a child has a specific learning disability; we recommend that you add "with expertise in specific learning disabilities." Since specific learning disabilities are different from other disabilities such as visual or hearing impairments, a strong knowledge base in learning disabilities is essential for making informed decisions about eligibility, instruction, modifications, and accommodations for children with specific learning disabilities.

300.309 (c) The phrase "if the child has not made adequate progress after an appropriate period of time," is subject to varied interpretations and may delay "a referral for an evaluation to determine if the child needs special education and related services."

• DLD recommends extending "appropriate period of time" to include "as agreed to by the child study team and parents."
• DLD also recommends that research on appropriate timelines for response to intervention be a priority initiative supported by the Department.

Qualified Personnel

300.10 and 300.18(b)(3) We support listing the core academic subjects, but clarification is needed in what is considered to be a core academic subject at the secondary level when special education teachers are teaching reading or language arts, or mathematics to students who are significantly below the secondary level. Such instruction goes beyond "consultative" services to other teachers who are highly qualified, and yet the content being taught is not precisely a "core academic subject."

Recommended language: Special education teachers at the secondary level who provide instruction in curriculum areas such as cognitive strategies for learning, reading skills significantly below the secondary level, and postsecondary skill sets, have met the requirements of a highly qualified special education teacher if they meet full state certification to teach students with disabilities at the assigned level.

300.18 (b)(2) We are pleased that details are provided to ensure some support of the teacher in alternate route to certification programs in which the individual makes satisfactory progress toward full certification as prescribed by the state; however, clearly defining for states and traditional teacher preparation programs what constitutes approval as an alternate route to certification is needed. An individual who is working toward full certification through an alternate route is arguably on an emergency, temporary, or provisional basis, which means the individual has not met the highly qualified requirement according to section (b)(1)(ii).

The stipulation that an individual who is participating in an alternative route to certification program may be considered a highly qualified special education teacher the moment they enroll in the alternative route and have three years to gain full certification, creates a lower standard for special education teachers. Furthermore, it is a divisive issue for teachers, especially for special education teachers who are also enrolled in traditional teacher preparation programs. Being considered a highly qualified special education teacher for up to three years just because they have enrolled in an alternative certification program creates a major loophole in the highly qualified mandate, and may also encourage the proliferation of low caliber, alternative route special education teacher preparation programs.

Recommendations:

1. Clearly define for states and traditional teacher preparation programs what constitutes approval as an alternative route to certification.
2. If the proposed regulations for alternative routes become final, teachers enrolled in traditional teacher preparation programs should be considered to be highly qualified if the traditional teacher preparation program includes the same conditions set forth in section (b)(2) for alternative routes to certification programs.

300.18(g) Highly qualified special education teacher requirements should apply to all special education teachers who provide services to individuals through IDEA, whether in public or private schools. Authorizing a lower standard in private schools than in public schools, when public dollars are being expended, violates both the spirit and the letter of the law.

300.18 HOUSSE Recommendation: DLD recommends additional regulatory language that would allow new or not new special education teachers to meet the highly qualified requirements through coursework, in-service training, or successful completion of a separate "high objective uniform State standard of evaluation (HOUSSE), including a single HOUSSE covering multiple subjects.

Thank you for your work on behalf of children with disabilities. We welcome the opportunity to provide any future input needed related to the proposed regulations, especially as it relates to students with specific learning disabilities.