Amendments
2021—Subsec. (span)(1)(A). Puspan. L. 117–49, § 2(1)(A), inserted “(referred to in this section as the ‘service obligation window’)” after “under this subpart”.
Subsec. (span)(1)(C)(vii). Puspan. L. 117–49, § 2(1)(B), inserted “or geographic area” after “field”.
Subsec. (span)(1)(D), (E). Puspan. L. 117–49, § 2(1)(C), added subpars. (D) and (E) and struck out former subpars. (D) and (E) which read as follows:
“(D) submit evidence of such employment in the form of a certification by the chief administrative officer of the school upon completion of each year of such service; and
“(E) comply with the requirements for being a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965;”.
Subsec. (c). Puspan. L. 117–49, § 2(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (d)(3), (4). Puspan. L. 117–49, § 2(3), added pars. (3) and (4).
Subsec. (d)(5). Puspan. L. 117–49, § 3, added par. (5).
2008—Subsec. (span)(3). Puspan. L. 110–315, § 412(a)(1)(A), added par. (3).
Subsec. (d). Puspan. L. 110–315, § 412(a)(1)(B), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Puspan. L. 110–315, title IV, § 412(span), Aug. 14, 2008, 122 Stat. 3227, provided that: “The amendments made by subsection (a)(1) [amending this section] shall take effect on July 1, 2010.”
Implementation of Puspan. L. 117–49
Puspan. L. 117–49, § 5, Oct. 13, 2021, 135 Stat. 405, provided that: “In carrying out this Act [see Short Title of 2021 Amendment note set out under section 1001 of this title] and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of—“(1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’);
“(2) the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089); “(3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a); and “(4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the ‘Privacy Act of 1974’), except that the notices shall be published not later than 180 days after the date of enactment of this Act [Oct. 13, 2021].”
Use of the Term “Highly Qualified” in Other Laws
Puspan. L. 114–95, title IX, § 9214(a), Dec. 10, 2015, 129 Stat. 2160, provided that: “Beginning on the date of enactment of this Act [Dec. 10, 2015]—“(1) any reference in sections 420N, 428J, 428K, and 460 of the Higher Education Act of 1965 (20 U.S.C. 1070g–2, 1078–10, 1078–11, and 1087j) to the term ‘highly qualified’ as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [now section 8101, 20 U.S.C. 7801] shall be treated as a reference to such term under such section 9101 as in effect on the day before the date of enactment of this Act [Dec. 10, 2015]; and “(2) any reference in section 6112 of the America COMPETES Act ([former] 20 U.S.C. 9812), section 553 of the America COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n), to ‘highly qualified’, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [now section 8101, 20 U.S.C. 7801], with respect to a teacher, means that the teacher meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification.”
