Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Appendix A

Current through June 17, 2024
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;