10. Establish that private school teachers are not covered under the highly qualified teacher standards.

The requirements in this section do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children with disabilities under 34 CFR 300.138.

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

Dialogue Starter - Cross-stakeholder

Note: For better clarity and understanding, this provision should be considered with the next provision; “The responsibility of SEA regarding children with disabilities placed in or referred to a private school or facility by the SEA and LEAs”. Together, provisions 10 and 11 in this Topic Brief clarify that teachers in private schools are not bound by the highly qualified under the federal law. State law may specify additional requirements. Teachers in charter schools are bound by the provisions in the state’s charter school law. When a student is unilaterally placed in a private school by parents, the teachers in that school do not need to meet the highly qualified provisions. If the child is placed in a private school as result of a local education agency (LEA) or State education agency (SEA) determination, the teachers in that school must meet the highly qualified provisions.

Reaction Questions


  1. Why do you think that the provisions exempt private schools and parentally-placed students?

  2. Why do you think that the provisions do not exempt private schools that serve LEA and SEA placed students?

Application Questions

  1. How do we help increase understanding among families and schools?

  2. Under these provisions, state supported private schools for students who are hearing impaired, deaf, blind, deaf blind, emotionally disturbed, etc would need to meet the highly qualified teacher provisions for the delivery of core content.

    • What issues might these facilities face?
    • What might be some promising approaches?

    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