Link to an amendment published at 81 FR 86241, November 29, 2016.

Link to a delay published at 82 FR 8669, Jan. 30, 2017.

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.

1. (a) In general.

   1. (1) Except as provided in paragraph (a)(3) of this section, a teacher covered under § 200.55 must -

      1. (i) Have obtained full State certification as a teacher, which may include certification obtained through alternative routes to certification; or

      2. (ii)

         1. (A) Have passed the State teacher licensing examination; and
         2. (B) Hold a license to teach in the State.

   2. (2) A teacher meets the requirement in paragraph (a)(1) of this section if the teacher -

      1. (i) Has fulfilled the State's certification and licensure requirements applicable to the years of experience the teacher possesses; or

      2. (ii) Is participating in an alternative route to certification program under which -

         1. (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

         2. (B) The State ensures, through its certification and licensure process, that the provisions in paragraph (a)(2)(ii) of this section are met.
   3. (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. (4) If a teacher has had certification or licensure requirements waived on an emergency, temporary, or provisional basis, the teacher is not highly qualified.

2. (b) Teachers new to the profession. A teacher covered under § 200.55 who is new to the profession also must -

   1. (1) Hold at least a bachelor's degree; and
   2. (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. (3) At the public middle and high school levels, demonstrate a high level of competency by -

      1. (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

      2. (ii) Successfully completing in each academic subject in which the teacher teaches -

         1. (A) An undergraduate major;
         2. (B) A graduate degree;
         3. (C) Coursework equivalent to an undergraduate major; or
         4. (D) Advanced certification or credentialing.

3. (c) Teachers not new to the profession. A teacher covered under § 200.55 who is not new to the profession also must -

   1. (1) Hold at least a bachelor's degree; and

   2. (2)

      1. (i) Meet the applicable requirements in paragraph (b)(2) or (3) of this section; or
      2. (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.

4. (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]