VII. RELATED SERVICES
- Personnel Standards [Sec. 612(a)(14)(B)]: CCD supports the Senate language. We also request the following final conference report language to clarify that state and district efforts to comply with the IDEA and NCLB highly qualified personnel requirements do not mandate any change in the credentialing of their related services personnel if they already meet credentialing requirements in their disciplines.
“The Committee acknowledges that related services personnel are considered fully and highly qualified if they complete rigorous specialized training and meet discipline-specific state standards for professional licensure and/or certification required for employment in that state. Nothing in this bill is intended to diminish these state standards. These rigorous requirements are equivalent to or exceed the level of training required of classroom teachers in meeting the designation as highly qualified. Therefore, in order to be deemed highly qualified, related services personnel should not be required to meet any additional qualifications, including those required of general or special education teachers.”
Rationale: CCD appreciates the Senate bill and report language that recognizes a unique and distinct personnel standard for related services personnel. Unfortunately, the House bill would allow multiple and uneven standards within states and would allow personnel to practice with their “certification or licensure requirements waived on an emergency, temporary, or provisional basis.” Related services personnel already meet a high standard for their discipline as defined by state law or regulation. Such standards should be maintained and recognized for their applicability to a clear and well-established highly qualified definition of related services personnel in each state.
- Personnel Standards [Sec. 612(a)(14)(D)]: strike “personnel” and insert the phrase “highly qualified special education teachers” as defined in subparagraph (C) and “fully qualified related services personnel” as defined in subparagraph (B)” so that paragraph reads as follows:
''(D) POLICY. In implementing this section, a State shall adopt a policy that includes a requirement that local educational agencies in the State take measurable steps to recruit, hire, train, and retain highly qualified special education teachers as defined in subparagraph (C) and fully qualified related services personnel as defined in subparagraph (B) to provide special education and related services under this part to children with disabilities."
Rationale: To avoid confusion about standards for special education teachers (highly qualified) vs. standards for related services providers (fully qualified) and to clarify congressional intent, the insertion of this phrase will help states and schools districts when implementing policies to recruit, hire, train, and retain qualified personnel.
- Prereferral/Early Intervening Services [Sec. 613(f)]: CCD supports the early identification of and intervention for students who need academic and behavioral supports to succeed in the general education setting. CCD prefers the Senate language, which allows early intervening services to be provided to students “who do not meet the definition of a child with a disability under section 602(3) but who need additional academic and behavioral support to succeed in a general education environment. We believe this language would allow schools to provide an array of services and supports to meet students’ needs.
Rationale: While CCD has expressed concerns about the use of IDEA funds to provide these services, we recognize this provision will be included in the final bill. Although we believe Title I funds should also be used to help pay for early intervening services, we agree that related services personnel should not be precluded from providing consultation to teachers and other school staff on instructional and behavioral strategies to better serve students in need. This language clarifies that students in need of academic and behavioral services will receive them from the expertise already available in the school building or system, and should further encourage collaboration between special and general education staff.
- Prereferral/Early Intervening Services [Sec. 613(f)]: We support Senate language that includes “other school staff” in professional development activities under this section. However, we recommend that “related services personnel” be named specifically, as they are integrally involved in providing services for this population of students.
Rationale: Related services personnel address concerns of at-risk students by building language and communication skills and providing positive behavioral interventions and strategies, as well as through a range of other therapies. These staff should also receive professional development opportunities, and in some instances may even be called upon to deliver professional development for teachers and administrators.
- Part D, Research and Professional Development: In general, CCD believes that whenever teachers, administrators, and/or paraprofessionals are explicitly mentioned in Part D, related services personnel should also be specified, including the State Professional Development Grants (Subpart 1) and Personnel Development (Senate: Sec. 664; House: Sec. 665) programs. In addition, CCD supports the Senate’s inclusive definition of “personnel” at Sec. 651(b) and Sec. 664(k).
National Assessment [House: Sec. 666(b)(3)(C); Senate: Sec. 665(b)(3)(C)]: Both bills require an assessment of the implementation and impact of professional development activities for teachers on improved student achievement. CCD urges the conferees to include related services personnel, since these professionals play an integral role in helping students with disabilities achieve academic success.
National Center for Special Education Research [House: Sec. 663(c)(4); Senate: Part E, Sec. 177(a)(4)]: H.R. 1350 allows the Center to “investigate scientifically based related services and interventions,” while S. 1248 states that the Center shall “identify scientifically based related services and interventions.” CCD believes that these provisions should be combined to read: “shall identify and investigate scientifically based related services and interventions.”
Rationale: Part D provides the underpinnings for the implementation of the IDEA through recruitment and retention of highly qualified personnel, quality professional development and research. CCD supports making consistent reference in the conference bill to the inclusion of related services personnel in meaningful, appropriate professional development, and recruitment and retention efforts. CCD also supports high quality research on related services to ensure best practices are available to address the educational needs of all students with disabilities. All personnel involved in educating students with disabilities, including related services personnel, must be included in each of these important components, to ensure that students with disabilities can achieve to the best of their abilities.
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