POLICY LETTER: January 27, 2010 to New Jersey Speech-Language-Hearing Association School Affairs Chair Sue A. Goldman

January 27, 2010Sue A. GoldmanSchool Affairs ChairNew Jersey Speech-Language-Hearing Association390 Amwell Road, Suite 402Hillsborough, NJ 08844 USADear Ms. Goldman:This is in response to your electronic mail (e-mail) communication to Dr. Deborah Morrow, dated October 28, 2009, in which you express concern regarding the interpretation and implementation of the provisions in 34 CFR 300.156(b)(2)(ii) and section 612(a)(14)(B)(ii) of the Individuals with Disabilities Education Act (IDEA). Your October 28 e-mail notes that New Jersey's regulation regarding emergency certification, at N.J.A.C. 6A:9-6.3, states that:[a] district board of education may apply to the county superintendentfor an emergency certificate for a candidate in authorized educationalservices areas if it can demonstrate its inability to locate a suitable certifiedcandidate due to unforeseen shortages or other extenuating circumstances.The county superintendent may approve the application if he/she determinesthat there are no suitable certified candidates to fill the position.You question whether this provision is consistent with the requirement that a State have procedures that ensure that related service providers, including speech language pathologists, have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis. The Part B regulations, at 34 CFR 300.156(b) state that:qualifications for related services personnel and paraprofessionals [must be] consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and related services personnel who deliver services in their discipline or profession[must not] have not had certification or licensure requirements waived on an emeSee also, 20 U.S.C. 1412(a)(14)(B).Because the referenced New Jersey regulation permits school districts to employ related services personnel with emergency certification, the provision appears to permit the waiver of State-approved or State-recognized certification requirements on an emergency basis. This does not appear to be consistent with the 2004 amendments to Part B of the IDEA and its implementing regulations as cited above. We have been in contact with the State and are working with them to explore other options that the State could use in lieu of an emergency waiver of State-approved or State-recognized certification requirements, to contend with possible shortages of related services personnel. One option is to provide for alternate routes to certification. In the comments and responses accompanying publication of the August 14, 2006 final Part B regulations, the Department explained that:[w]hile the Act does not address alternative routes to certification programs for related services personnel or other non-teaching personnel, there is nothing in the Act or the regulations that would preclude a State from providing for alternate routes for certification for related services personnel or other non-teaching personnel. It is, however, up to a State to determine whether related services or non-teaching personnel participating in alternative routes to certification programs meet personnel requirements established by the State, consistent with the requirements in 300.156 and section 612(a)(14) of the Act.71 Fed. Reg. 46612.We also note the following language from the House Conference Report:Conferees intend for State educational agencies to establish rigorous qualifications for related services providers to ensure that students with disabilities receive the appropriate quality and quantity of care. State educational agencies are encouraged to consult with local educatioAlexa PosnyActing DirectorOffice of Special Education Programscc: Roberta Wohle Page PAGE * MERGEFORMAT 2 - Sue A. Goldman