[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR300.136]

[Page 24-26]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents
 
                 Subpart B--State and Local Eligibility
 
Sec. 300.136  Personnel standards.

    (a) Definitions. As used in this part--
    (1) Appropriate professional requirements in the State means entry 
level requirements that--
    (i) Are based on the highest requirements in the State applicable to 
the profession or discipline in which a person is providing special 
education or related services; and
    (ii) Establish suitable qualifications for personnel providing 
special education and related services under Part B of the Act to 
children with disabilities who are served by State, local, and private 
agencies (see Sec. 300.2);
    (2) Highest requirements in the State applicable to a specific 
profession or discipline means the highest entry-level academic degree 
needed for any State-approved or -recognized certification, licensing, 
registration, or other comparable requirements that apply to that 
profession or discipline;
    (3) Profession or discipline means a specific occupational category 
that--
    (i) Provides special education and related services to children with 
disabilities under Part B of the Act;
    (ii) Has been established or designated by the State;
    (iii) Has a required scope of responsibility and degree of 
supervision; and
    (iv) Is not limited to traditional occupational categories; and
    (4) State-approved or -recognized certification, licensing, 
registration, or other comparable requirements means the requirements 
that a State legislature either has enacted or has authorized a State 
agency to promulgate through rules to establish the entry-level 
standards for employment in a specific profession or discipline in that 
State.
    (b) Policies and procedures. (1)(i) The State must have on file with 
the Secretary policies and procedures relating to the establishment and 
maintenance of standards to ensure that personnel necessary to carry out 
the purposes of this part are appropriately and adequately prepared and 
trained.

[[Page 25]]

    (ii) The policies and procedures required in paragraph (b)(1)(i) of 
this section must provide for the establishment and maintenance of 
standards that are consistent with any State-approved or -recognized 
certification, licensing, registration, or other comparable requirements 
that apply to the profession or discipline in which a person is 
providing special education or related services.
    (2) Each State may--
    (i) Determine the specific occupational categories required to 
provide special education and related services within the State; and
    (ii) Revise or expand those categories as needed.
    (3) Nothing in this part requires a State to establish a specified 
training standard (e.g., a masters degree) for personnel who provide 
special education and related services under Part B of the Act.
    (4) A State with only one entry-level academic degree for employment 
of personnel in a specific profession or discipline may modify that 
standard as necessary to ensure the provision of FAPE to all children 
with disabilities in the State without violating the requirements of 
this section.
    (c) Steps for retraining or hiring personnel. To the extent that a 
State's standards for a profession or discipline, including standards 
for temporary or emergency certification, are not based on the highest 
requirements in the State applicable to a specific profession or 
discipline, the State must provide the steps the State is taking and the 
procedures for notifying public agencies and personnel of those steps 
and the timelines it has established for the retraining or hiring of 
personnel to meet appropriate professional requirements in the State.
    (d) Status of personnel standards in the State. (1) In meeting the 
requirements in paragraphs (b) and (c) of this section, a determination 
must be made about the status of personnel standards in the State. That 
determination must be based on current information that accurately 
describes, for each profession or discipline in which personnel are 
providing special education or related services, whether the applicable 
standards are consistent with the highest requirements in the State for 
that profession or discipline.
    (2) The information required in paragraph (d)(1) of this section 
must be on file in the SEA and available to the public.
    (e) Applicability of State statutes and agency rules. In identifying 
the highest requirements in the State for purposes of this section, the 
requirements of all State statutes and the rules of all State agencies 
applicable to serving children with disabilities must be considered.
    (f) Use of paraprofessionals and assistants. A State may allow 
paraprofessionals and assistants who are appropriately trained and 
supervised, in accordance with State law, regulations, or written 
policy, in meeting the requirements of this part to be used to assist in 
the provision of special education and related services to children with 
disabilities under Part B of the Act.
    (g) Policy to address shortage of personnel. (1) In implementing 
this section, a State may adopt a policy that includes a requirement 
that LEAs in the State make an ongoing good faith effort to recruit and 
hire appropriately and adequately trained personnel to provide special 
education and related services to children with disabilities, including, 
in a geographic area of the State where there is a shortage of personnel 
that meet these qualifications, the most qualified individuals available 
who are making satisfactory progress toward completing applicable course 
work necessary to meet the standards described in paragraph (b)(2) of 
this section, consistent with State law and the steps described in 
paragraph (c) of this section, within three years.
    (2) If a State has reached its established date under paragraph (c) 
of this section, the State may still exercise the option under paragraph 
(g)(1) of this section for training or hiring all personnel in a 
specific profession or discipline to meet appropriate professional 
requirements in the State.
    (3)(i) Each State must have a mechanism for serving children with 
disabilities if instructional needs exceed available personnel who meet 
appropriate professional requirements in the

[[Page 26]]

State for a specific profession or discipline.
    (ii) A State that continues to experience shortages of qualified 
personnel must address those shortages in its comprehensive system of 
personnel development under Sec. 300.135.

(Authority: 20 U.S.C. 1412(a)(15))