North Carolina schools are facing a growing crisis: a severe shortage of qualified special education teachers. As the need for specialized services continues to rise, some students are left without properly trained educators who understand how to provide the individualized support these students require. This shortage has led to challenges in meeting the educational needs of students with disabilities, and it’s raising concerns about the state’s adherence to special education laws.
A worsening shortage of qualified teachers is not only impacting students but also leaving schools vulnerable to scrutiny from the state regarding their compliance with special education laws. State records indicate that the failure to employ certified special education teachers has become a frequent issue, with schools increasingly at risk of violating both state and federal guidelines.
While there is no official record tracking the frequency of complaints regarding unqualified staff providing special education services, a review of state documents reveals that this issue is occurring regularly. The consequences are significant, as schools can face penalties for not adhering to special education laws, putting both students and districts at risk of legal and financial repercussions.
For instance, just last month, the North Carolina Department of Public Instruction found that a Wake County elementary school violated state and federal laws when it failed to provide services via a certified special education teacher. This wasn’t the first instance—records show the same school system was cited for a similar violation the previous year. Other districts and charter schools across North Carolina have also faced similar issues in recent years, as documented by the Department of Public Instruction’s (DPI) records outlining corrective actions.
A Wake County teacher and a concerned parent shared their fears with WRAL News, expressing concern that children with disabilities were not receiving the appropriate services from qualified staff. Special education teachers play a crucial role in adapting teaching methods to suit the needs of students with disabilities, ensuring that the students’ Individualized Education Programs (IEPs) are implemented effectively. IEPs are legally binding documents that outline the accommodations students need in order to meet the academic goals set by their teachers and parents. Without these essential supports, students risk not meeting their goals and struggling to progress in the public school system.
Terri Schmitz, a fourth-grade teacher at Swift Creek Elementary School in Garner, shared her experience with WRAL News. Despite not being certified in special education, Schmitz was asked to provide special education services to three students last school year. This request came after the school had gone for more than a year without a full-time special education teacher for grades above kindergarten. During that period, a long-term substitute was tasked with leading the classroom, and in February, a permanent teacher was hired. However, this new teacher was also not certified in special education, only holding an emergency license on a “permit to teach.”
In response to the shortage, the school district assigned a certified teacher to oversee services. This teacher was responsible for meeting with the substitute and emergency teacher once a month and assisting with lesson planning. Despite this oversight, Schmitz believed that it wasn’t enough, prompting her to file a complaint with the Department of Public Instruction. The DPI investigation concluded that the school system had violated federal special education laws by failing to provide a certified teacher.
“I was worried about students getting accommodations afforded to them in their [individualized education programs],” Schmitz said. These programs are legally required and ensure that students with disabilities receive the support they need to succeed in school.
State and federal laws make it clear that schools cannot remain compliant when they fail to assign qualified teachers to provide special education services. With the current teacher shortages, maintaining compliance has become increasingly challenging for schools. DPI officials emphasize that they provide tailored support to schools facing vacancies, but when pressed, they were unable to provide concrete examples of how schools can successfully remain compliant.
DPI spokesperson Mary Lee Belz explained that the department offers technical assistance to schools based on their unique needs, aiming to mitigate the impact of vacancies. She also pointed to new State Superintendent of Public Instruction Mo Green’s initiative to prioritize the teacher pipeline. Green’s “entry plan” seeks to raise the profile of the teaching profession by celebrating educators and ensuring that schools are safe and secure environments for learning.
“NC DPI takes staff vacancies very seriously,” Belz said.
State law permits schools to hire individuals who are not certified in special education but wish to pursue certification. These candidates can be granted a three-year residency license and must undergo intensive training and supervision during this period to achieve full certification. Once they have completed this process, they are considered qualified special education teachers.
The number of residency-licensed teachers across all subject areas has surged in recent years. In fact, the number of such teachers has more than doubled over the past three years, reaching more than 5,000 in the current year, compared to fewer than 2,000 just three years ago, according to the North Carolina School Superintendents Association.
Despite these efforts, the state has struggled with a persistent shortage of special education teachers for decades. As of fall 2023, more than 1,200 special education teacher positions were vacant or filled by unqualified staff, more than three times the number of vacancies reported five years ago. In 2018, only 356 special education positions were unfilled or held by unqualified staff. This increase highlights the escalating crisis.
The issue of vacancies is compounded by the fact that special education teaching has become a less appealing career choice in recent years. As Lynne Loeser, a retired DPI special education consultant, pointed out, the role comes with increasing administrative responsibilities, stress, and relatively low pay. Many special education teachers leave the profession within the first few years, and fewer college students are pursuing teaching degrees in this area.
Some districts have attempted to address the issue by sharing special education teachers across multiple schools or employing creative staffing solutions. However, these measures do not always comply with legal requirements, particularly when new or substitute teachers without appropriate qualifications are the primary providers of specialized services.
“The solution is to make special education an attractive profession,” Loeser said. “Not a job—a profession that’s respected and honored, where teachers are given the pay, compensation, respect, and time to do their jobs well.”
In Wake County, although vacancy rates for special education teachers have declined slightly in recent years, the district continues to face challenges in hiring fully certified staff. In the fall of 2023, the Wake County Public School System reported 117 vacant or unqualified special education teaching positions, up from just 24 in 2018. In response, the district has launched advertising campaigns and recruited specialists to help fill these roles. However, it’s unclear whether these new hires hold permanent or residency licenses.
“We are deeply committed to helping every student reach their full potential, including the approximately 22,000 students in our district with an individualized education [program],” said district spokesperson Matt Dees. “Our goal is to ensure every student with an IEP receives the resources and support they need to thrive.”
To support their efforts, the district has leveraged the expertise of special education-certified central office staff to oversee services, such as providing lesson plans and ensuring compliance. However, in a ruling on Schmitz’s complaint, the state found that these efforts were not enough to excuse the lack of a certified teacher in the classroom. The state concluded that the students did not need “compensatory services” to make up for the lost instruction, but Schmitz was concerned about the quality of the services provided during that time.
For Emma Miller, the situation was similar when her son, Devon, received special education services from a teaching assistant rather than a certified teacher at River Bend Middle School. Miller filed a complaint with the state, which found the school district to be noncompliant.
Miller’s frustration highlights the difficulty parents face when they realize that their children are not receiving the services they need from qualified staff. “It’s just not fair to the child,” she said, referring to the failure of the school to provide qualified educators for students who need special education.
Special education teachers are integral members of the team working to meet the needs of students with disabilities, as Loeser explained. Their expertise can have a significant impact on students’ academic futures, including their preparation for future careers and overall quality of life.
As the shortage continues, Wake County Public Schools are considering a reorganization of their special education department, aiming to reduce instances of noncompliance and improve services for students with disabilities. Schmitz believes that better training for staff and holding principals accountable for ensuring students receive the appropriate services would help address the challenges schools are facing.
With these efforts in mind, the path forward will require creative solutions, a dedicated workforce, and a renewed commitment to respecting and supporting the special education profession.
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