118 STAT. 2686 PUBLIC LAW 108–446—DEC. 3, 2004 meeting the requirements of this part to be used to assist in the provision of special education and related services under this part to children with disabilities. ‘‘(C) QUALIFICATIONS FOR SPECIAL EDUCATION TEACHERS.—The qualifications described in subparagraph (A) shall ensure that each person employed as a special education teacher in the State who teaches elementary school, middle school, or secondary school is highly qualified by the deadline established in section 1119(a)(2) of the Elementary and Secondary Education Act of 1965. ‘‘(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 personnel to provide special education and related services under this part to children with disabilities. ‘‘(E) RULE OF CONSTRUCTION.—Notwithstanding any other individual right of action that a parent or student may maintain under this part, nothing in this paragraph shall be construed to create a right of action on behalf of an individual student for the failure of a particular State educational agency or local educational agency staff person to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the State educational agency as provided for under this part. ‘‘(15) PERFORMANCE GOALS AND INDICATORS.—The State— ‘‘(A) has established goals for the performance of chil dren with disabilities in the State that— ‘‘(i) promote the purposes of this title, as stated in section 601(d); ‘‘(ii) are the same as the State’s definition of ade quate yearly progress, including the State’s objectives for progress by children with disabilities, under section 1111(b)(2)(C) of the Elementary and Secondary Edu cation Act of 1965; ‘‘(iii) address graduation rates and dropout rates, as well as such other factors as the State may deter mine; and ‘‘(iv) are consistent, to the extent appropriate, with any other goals and standards for children established by the State; ‘‘(B) has established performance indicators the State will use to assess progress toward achieving the goals described in subparagraph (A), including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and Secondary Education Act of 1965; and ‘‘(C) will annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals estab lished under subparagraph (A), which may include ele ments of the reports required under section 1111(h) of the Elementary and Secondary Education Act of 1965. ‘‘(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 Reports.
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