Rule of Construction

• No private right of action (e.g., impartial hearing or court) on behalf of an individual student for failure of LEA employee to be highly qualified

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Speaker Notes:

Section 602(10)(E)

The law clarifies that there is no individual right of action (impartial hearing or court appeal) because the school district did not employee a highly qualified teacher.

"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."