118 STAT. 2654 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(B) meet the standards of the State educational agency; ‘‘(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and ‘‘(D) are provided in conformity with the individualized education program required under section 614(d). ‘‘(10) HIGHLY QUALIFIED.— ‘‘(A) IN GENERAL.—For any special education teacher, the term ‘highly qualified’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965, except that such term also— ‘‘(i) includes the requirements described in subparagraph (B); and ‘‘(ii) includes the option for teachers to meet the requirements of section 9101 of such Act by meeting the requirements of subparagraph (C) or (D). ‘‘(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS.—When used with respect to any public elementary school or secondary school special education teacher teaching in a State, such term means that— ‘‘(i) the teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the State’s public charter school law; ‘‘(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. ‘‘(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTER NATE ACHIEVEMENT STANDARDS.—When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under the regulations promulgated under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, such term means the teacher, whether new or not new to the profession, may either— ‘‘(i) meet the applicable requirements of section 9101 of such Act for any elementary, middle, or sec ondary school teacher who is new or not new to the profession; or ‘‘(ii) 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 instruc tion above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effec tively teach to those standards. ‘‘(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE SUBJECTS.—When used with respect to a special education
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