Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-33

Sec. 3. (a) A special education teacher who teaches in a public elementary, middle, junior high, or high school in the state must meet the following requirements:

1. (1) The teacher has obtained full state licensure as a special education teacher, including licensure obtained through an alternative route, as described in subsection (b), or passed the state special education teacher licensing examinations and holds a license to teach in the state as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the teacher must meet the certification or licensing requirements, if any, set forth in the state's public charter school law.
2. (2) The teacher has not had special education licensure requirements waived on an emergency, temporary, or provisional basis.
3. (3) The teacher holds at least a bachelor's degree.

(b) A teacher will meet the requirement in subsection (a)(1) if that teacher is participating in an alternative route to special education licensure program under which the:

1. (1) teacher:

   1. (A) receives high quality professional development that is:

      1. (i) sustained;
      2. (ii) intensive; and
      3. (iii) classroom-focused;
   2. in order to have a positive and lasting impact on classroom instruction, before and while teaching;
   3. (B) participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
   4. (C) assumes functions as a teacher only for a specified period of time not to exceed three (3) years; and
   5. (D) demonstrates satisfactory progress toward full licensure in accordance with the requirements set forth in 511 IAC 16-4-8(d) and 511 IAC 16-4-8(e); and
2. (2) state ensures, through its licensure process, that the provisions in subdivision (1) are met.

(c) The person designated as a student's teacher of record shall:

1. (1) for kindergarten through grade 12, be appropriately licensed in the area of the student's disability or, where appropriate state licensure is not available, appropriately trained; and
2. (2) for early childhood, hold an appropriate license to teach early childhood special education.

(Indiana State Board of Education; 511 IAC 7-36-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; filed Mar 18, 2019, 2:33 p.m.: 20190417-IR-511180153FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Jun 13, 2022, 9:15 a.m.: 20220713-IR-511220014FRA)