8. Create a rule of construction.

Notwithstanding any other individual right of action that a parent or student may maintain under Part 300, nothing in Part 300 shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular State educational agency (SEA) or local educational agency (LEA) employee to be highly qualified, or to prevent a parent from filing a complaint under 34 CFR 300.151-300.153 about staff qualifications with the SEA as provided for under Part 300.

[34 CFR 300.18(f)] [20 U.S.C. 1401(10)(E)]

Dialogue Starter - Cross-stakeholder

**Note: This is also connected to provision #16 in this Topic Brief, “Create a rule of construction”. For better clarity and understanding, they should be reviewed together. This provision in the regulations clarifies that the lack of a highly qualified teacher, alone, is not a reason for due process.

Reaction Questions

  1. In your view, why is this clarification important:
    • For families?
    • For schools?

  2. In your view, what is the appropriate role for a special education teacher that is highly qualified in special education, but is not highly qualified in core content?

Application Questions

  1. What might your school do to help veteran special education teachers that teach core content to become highly qualified?

  2. What might your school do to help families understand this provision?

  3. How might your school create a way for teachers and families to talk about the highly qualified provisions and what they mean for service delivery?

    These questions were developed by the following

    stakeholders working together:


    Role: Teacher
    Location: Pennsylvania

    Role: Family
    Location: Georgia

    Role: Teacher
    Location: Florida

    Role: Service Provider
    Location: Kentucky

    Role: Administrator
    Location: Illinois

    Role: Technical Assistance Provider
    Location: California

    Role: Administrator
    Location: Wyoming

    Role: State Education Agency
    Location: Arkansas

    Role: Higher Education
    Location: Florida

    Role: Higher Education
    Location: Pennsylvania