Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS
Appendix A
Excerpts from the Individuals with Disabilities Education Act 2004 (IDEA 2004)
602(4) CORE ACADEMIC SUBJECTS - The term 'core academic subjects' has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act of 1965.
(Note: Section 9101 of the Elementary and Secondary Education Act of 1965 defines "core academic subjects" as follows:
Core Academic Subjects means English, reading or language arts, mathematics, science, foreign language, civics and government, economics, arts, history and geography.)
602(10) HIGHLY QUALIFIED. -
(A) In GENERAL - For any special education teacher, has the meaning given the term "high qualified" in Section 9101 of the Elementary and Secondary Education Act of 1965, except that such term also
(ii) includes the option for teachers to meet the requirements of Section 9101 of such Act by meeting the requirements of Subparagraph (C) and (D).
(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS -When used with respect to any public elementary school or secondary school special education teacher teaching in the State, such term means that -
(ii) the teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(iii) the teacher holds at least a bachelor's degree.
(iii) meet the applicable requirements of Section 9101 of such Act for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
(iv) meet the requirements of Subparagraph (B) or (C) of Section 9101(23) of such Act as applied to an elementary school teacher, or, in the case of instruction above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively teach to those standards.
(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE SUBJECTS - When used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, such term means that the teacher may either -
(i) meet the applicable requirements of Section 9101 of the Elementary and Secondary Education Act of 1965 for any elementary, middle, or secondary school teacher who is new or not new to the profession;
(E) RULE OF CONSTRUCTION - Notwithstanding any other individual right of action that a parent or student may maintain under this part, nothing in this section or part shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a school district or approved cooperative employee to be highly qualified.
(F) DEFINITION FOR PURPOSES OF THE ESEA - A teacher who is highly qualified under this paragraph shall be considered highly qualified for purposes of the Elementary and Secondary Education Act of 1965.
602(18) LIMITED ENGLISH PROFICIENT. - The term 'limited English proficient' has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act of 1965.
(Note: Section 9101 of the Elementary and Secondary Education Act of 1965 defines "Limited English Proficient" as follows:
The term "limited English proficient", when used with respect to an individual, means an individual -
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C) (I) who was not born in the United States or whose native language is a language other than English (ii)(l) who is a Native American or Alaska Native, ora native resident of the outlying areas; and
(II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual -
(i) the ability to meet the State's proficient level of achievement on State assessments described in Section 1111(b)(3);
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society.)
612(a)(16) PARTICIPATION IN ASSESSMENTS. -
(A) In General. - All children with disabilities are included in all general State and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act of 1965 with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs.
612(a)(16)(C)(ii)(ll) If the State has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out Section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, measure the achievement of children with disabilities against those standards.
1413(a)(9) RECORDS REGARDING MIGRATORY CHILDREN WITH DISABILITIES. - The local education agency shall cooperate in the Secretary's efforts under Section 1308 of the Elementary and Secondary Education Act of 1965 to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging, among the States, health and educational information regarding such children. Scientifically based research has the meaning given the term in section 9101(37) of the ESEA.
614(a)(5)(A) SPECIAL RULE FOR ELIGIBILITY DETERMINATION. - In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is -
(A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in Section 1208(3) of the Elementary and Secondary Education Act of 1965;
