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Schools Across America Need Help With IDEA Requirements

Current reports continue to show that many states are struggling with regulations put in place by a 2004 revision of the IDEA or Individuals with Disabilities Education Act regarding “highly qualified teachers” or HQT for special education programs.

A January report from the Dallas Morning News shows how schools project rates of highly qualified teachers in which just over 86% of elementary schools’ special education teachers in Dallas meet the criteria. Other reports from various states over the past months have shown trends in the failure of schools to provide HQT designation for their faculty, along with frustration over changing state guidelines for teachers who move across state lines to continue their careers, some of whom lose their HQT status in the process. Differences in state requirements have generally been a barrier to recruiting and keeping skilled educators in many states.

Resources from the federal ed.gov show that part of the HQT requirement is in line with standards set by No Child Left Behind where standardized testing was also a major part of the push to “fix” American schools. However, testing has meant that some schools become under-funded and unable to meet quality standards such as the hiring of highly qualified teachers. Today’s school districts also have to do more with less, as lower property values and decreased federal and state revenues lead to painful budget cuts.

Faculty and administration from schools around the country indicate that the race is on at a national level, as well as within states and local school districts, to find and promote highly qualified teachers in order to comply with relevant legislation. The goal is to provide quality education for all students, including those in special needs departments. In some school districts, these requirements may lead to a study in education law related to IDEA and how schools can stay afloat while providing the best special education services to disabled students.

Michael Monheit

Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm...