Highlights of the NCLB’s
Requirements for
Teachers and Paraprofessionals
NYS Education Department’s (SED)
Implementation of
the No Child Left Behind Act of 2001
Update
September 2004
09/13/04
1
SED’s implementation of the NCLB’s
requirements for teachers and
paraprofessionals is based on available
information and is subject to change
in response to future Federal regulations and
guidance and consultation with the field.
2
Guiding principles
 Impose no mandates beyond NCLB’s
requirements.
 Align NCLB with State requirements when
possible.
 Give LEAs discretion when possible.
 Use USDOE’s “best” interpretations
of law and regulations.
 Consult with the field.
3
SED Guidance:
Field Memos
CLASSICS
2003-03 Title I Paraprofessionals (Mar 2004 Addendum)
2003-04 CTE Teachers
2003-05 HOUSSE (Revised Jan 2004, Aug 2004 Addendum)
2003-06 Pre-K Teachers
2003-09 Teachers (Aug 2004 Addendum)
2003-10 Update on Title I Paraprofessionals
2004-02 Updated Fact Sheet (for 2004-05 applications)
NEW RELEASES
2004-03 BEDS Personnel Data Forms for Teachers
2004-04 Eligible Rural LEAs
http://www.highered.nysed.gov/nclbhome.htm
4
PART 1
PUBLIC SCHOOL TEACHERS
OF CORE ACADEMIC SUBJECTS*
must meet two standards:
1. State certified for teaching assignment
and
2. “highly qualified” under NCLB
*NLCB applies only to instruction in core academic subjects
at the level of K-12 in New York State.
5
NCLB’s core academic subjects (K-12)
English
Reading
Language arts
Mathematics
Science
History
Geography
Economics
Civics and government
Foreign languages
The arts: art, dance, music, theater
(including public speaking), drama
6
Examples of classes in core
academic subjects (K-12)

common branch classes in grades K - 6

classes in core academic subjects in grades 7 - 12



classes in special subjects (the arts, foreign language
reading) in grades K - 12
classes in Career and Technical Education (CTE) that
students may use for academic credit in core subjects
classes in core subjects taught as “incidental
teaching” (under 8 NYCRR 80-5.3)
7
More examples of classes in core
academic subjects (K-12)

classes in core subjects taught in languages
other than English

ESL classes that are used for credit in English

Special education classes with K - 12 instructional
content in core subjects

classes in core subjects taught in
alternative education programs leading
to a credit-based diploma
8
Does the NCLB apply to
supplemental instruction?
USDOE guidance says that the NCLB:
 does not apply to supplemental educational services
designed to increase academic achievement or
academic enrichment, such as SES, AIS & gifted and
talent programs, tutoring, homework assistance; but
 does apply to extended learning time programs
in core academic subjects provided by the regular
school staff (e.g., summer school).
LEAs may determine whether a particular
program involves supplemental services or
Is part of an extended learning time program.
9
When does the NCLB apply to
special education teachers?
It applies when a special education teacher provides
direct instruction at the level of K-12 to a student as the
teacher of record for a core academic subject.
It does not apply when a special education teacher—
 does not provide direct instruction in core subjects
at the level of K-12 as the teacher of record ; or
 provides consultation in adapting curricula,
using behavioral supports and interventions and
selecting appropriate accommodations; or
 assists students with study skills or
organizational skills and reinforces instruction
delivered by a highly qualified
teacher (e.g., resource room)
10
When must public school teachers of core
academic subjects be “highly qualified?”
Who:
When:
Who:
When:
Hired after 1st day of school
in 2002-2003 and “supported
by Title I, Part A funds”
When hired
All other public school teachers of
core academic subjects at the
level of K-12
By end of school year 2005-2006
NOTE: Extended deadlines may apply
in eligible rural LEAs.
11
A teacher “supported by Title I, Part A
funds” is…
…employed by an LEA receiving Title I, Part A funds
and is:
 in a “targeted assistance school” and paid with Title
I, Part A funds; or
 in a “schoolwide program school”; or
 employed by an LEA with Title I funds to provide
services to eligible private school students.
NOTE: BOCES and State schools are
not LEAs receiving Title I funds.
12
Extended deadlines for some teachers
in “eligible rural LEAs”
For: Teachers who are highly qualified for one core
academic subject but who teach multiple core
academic subjects at the level of grades K-12
Who: Hired on or after March 31, 2004
Extended deadline: 3 years from date of hire
Who: Hired before March 31, 2004
Extend deadline: End of school year 2006-2007
Extended deadlines make these
teachers eligible for the HOUSSE.
13
Conditions for using
extended deadlines
To use extended deadlines for teachers of multiple core
academic subjects “eligible rural LEAs” must:
 ensure that the teachers are highly qualified in at
least one core academic subject they teach;
 provide high-quality professional development that
increases teachers’ content knowledge in the
additional subjects they teach; and
 provide mentoring or a program of intensive
support that consists of structured guidance and
regular, ongoing support so that teachers become
highly qualified in the additional core academic
subjects they teach.
14
Definition of
an “eligible rural LEA”
An “eligible rural LEA” is an LEA, charter school, BOCES
CVEEB, a Special Act School district whose:
(1) total enrollment is below 600
OR
(2) schools are all located in a county with fewer than 10
people per square mile
AND
(1) schools all have a “school locale code” of 7 or 8
OR
(2) schools are all in a state-defined “rural area.”
15
Guidance for
“eligible rural LEAs”
NCLB NYS Field Memo #04-2004
 lists of “eligible rural LEAs”
 Notice of Intent Form due to SED
by October 1, 2004
http://www.highered.nysed.gov/nclb042004.htm
16
What is the definition of a “highly qualified”
teacher of a core academic subject?
Four possible definitions based on:
TEACHING ASSIGNMENTS
1. Elementary. General education or special education
in common branch subjects at the level of grades K
through 6
2. Middle/secondary. General education or special
education at the level of grades 7 – 12 AND the arts,
foreign languages and reading at all grade levels
“NEWNESS” TO THE PROFESSION
1. New. During first year of first-ever certification
2. Not new. After first year of first certification
17
Definition of “highly qualified” new
elementary teacher
FIRST YEAR OF FIRST CERTIFICATION
1. Has bachelor’s or higher degree; and
2. Has NYS certificate* for teaching assignments; and
3. Demonstrates subject knowledge and teaching skills by
passing the LAST and ATS-W**
*Modified temporary license is not acceptable.
**Teachers in approved Alternative Teacher Certification
Programs need not pass the ATS-W to be “highly qualified”
while in their program.
18
Definition of “highly qualified” not new
elementary teacher
AFTER FIRST YEAR OF FIRST CERTIFICATION
Same as FIRST YEAR except # 3 can also be met
by:

passing comparable exams used to qualify for
NYS, NYC or Buffalo certification or licensure; or

meeting New York State’s high objective
uniform State standard of evaluation (HOUSSE).
19
Definition of “highly qualified” new
middle/secondary teacher
FIRST YEAR OF FIRST CERTIFICATION
1. Has bachelor’s or higher degree; and
2. Has NYS certificate* for teaching assignments; and
3. Demonstrates subject matter competency for all core
subjects taught with one of the following:
 NYSTCE Content Specialty Test in subjects
 Undergraduate major or equivalent
coursework (30 credits) in subjects
 Permanent certificate in subjects
 Graduate degree in subjects
*Modified temporary license is not acceptable.
20
Definition of “highly qualified” not new
middle/secondary teacher
AFTER FIRST YEAR OF FIRST CERTIFICATION
Same as FIRST YEAR except # 3 can
also be met by:
 passing comparable exams used to qualify
for NYS certification; or
 meeting New York State’ s high objective
uniform State standard of evaluation
(HOUSSE).
21
What is the HOUSSE in NYS?
An evaluation conducted locally after 8/1/03 as part of:

a pre-employment review; or

an Annual Professional Performance Review
that enables teachers beyond the first year
of their first certification to demonstrate that they
have subject matter competency in each core
academic subject they teach based on “objective,
coherent information” acceptable to the
Commissioner.
NCLB NYS Field Memo #05-2003
22
What “coherent, objective information” is
acceptable to the Commissioner?
Appendix D of NCLB NYS Field Memo #05-2003
Part 1
Part 2
Part 3
Rubric for “elementary”
teachers
Rubric for “middle and
secondary” teachers
Definitions for rubrics
Rubrics enable teachers to earn 100 points based
on education, credentials, professional experience
and professional development.
(500 possible points)
23
Are certified CTE teachers without
bachelor’s degrees “highly qualified?”
No. They must have a bachelor’s degree to be
“highly qualified.”
If they teach a CTE course subject to the NCLB,
they must collaboratively plan and deliver the
course with a teacher who is “highly qualified” for
the core subject being taught.
COLLABORATIVE TEACHING MODEL
NCLB NYS Field Memo #04-2003
24
Are certified CTE teachers with bachelor’s
degrees “highly qualified” to teach core
subjects?
Only if they demonstrate subject matter competency
in each core subject they teach in one of the ways
required by the NCLB.
If they are not “highly qualified” they must
collaboratively plan and deliver the course with a
teacher who is “highly qualified” for the core
subject being taught.
COLLABORATIVE TEACHING MODEL
NCLB NYS Field Memo #04-2003
25
What definition of “highly qualified”
applies to special education classes?
The definition depends on the level of
the instructional content of the class:
If content is GRADES K – 6 “elementary” definition
applies.
If content is GRADES 7 – 12 “middle/secondary”
definition applies.
NOTE: IDEA reauthorization may change the NCLB’s
requirements for special education teachers. Under the NCLB,
if special education teachers provide direct instruction as the
teacher of record in core subjects, they must be “highly qualified.”
Consultant teachers who do not directly instruct, or who support
instruction by the teacher of record, are not subject to the NCLB.
26
What definition of “highly qualified”
applies to alternative education?
Teachers in alternative education
programs leading to credit-based
diplomas must use the same
definitions as all other teachers for
each core academic subject they
teach.
27
Can a certified teacher be “highly qualified”
for “incidental teaching” in a core subject?
Yes, when:
 the “incidental teaching” is approved by the
nearest District Superintendent (or the
Chancellor in NYC) for no more than 5
classroom hours per week; and
 the teacher demonstrates subject matter
competency in the “incidental” core academic
subject as required by the NCLB,
EXCEPT that “incidental teaching” does not apply to
teachers of students with disabilities.
Section 80-5.3 of the Commissioner’s Regulations
http://www.highered.nysed.gov/tcert/part80.htm#5.
28
Can a teacher be “highly qualified” for “out-of-field”
teaching that exceeds incidental teaching?”
 No. The NCLB requires a teacher to be State
certified for classes being taught.
 When a teacher teaches an “out-of-field” class that
exceeds 5 hours per week of approved “incidental
teaching” the teacher is not certified to teach that
class.
NOTE: Modified temporary licenses are not State
certificates under the NCLB.
29
Which teachers may use a
modified temporary license?
Under the NCLB, teachers may hold
modified temporary licenses only if
they:
 were hired on or before the first day
of class in September 2002; or
 are not “supported by Title I, Part A
funds.”
30
Does the NCLB apply to substitute
teachers?
The NCLB does not require substitute teachers
to be “highly qualified.”
However, when a substitute teacher who is not “highly
qualified” teaches a child for 4 consecutive weeks or
more, the child’s parent(s) must be notified.
(See PART 5.)
Long-term substitutes must meet State requirements
in Part 80-5.4 of the Commissioner’s Regulations.
http://unix32.nysed.gov:9220/tcert/part80.htm#5.4
31
PART 2
TITLE I
PARAPROFESSIONALS*
Two standards:
1. State certified “teaching assistant”
(and/or comparable requirement in NYC)
and
2. “qualified” under NCLB*
* Only applies to Title I, Part A
32
Title I paraprofessionals are…
…“school support personnel” who:
 provide instructional support; * and
 “work in a program supported with Title I,
Part A funds.”
*State regulations require paraprofessionals
who provide instructional support to be State
certified teaching assistants (and/or meet
comparable requirements in NYC).
33
Paraprofessionals who “work in a program
supported by Title I, Part A funds” are…
…employed by an LEA receiving Title I, Part A funds
and:
 work in a “targeted assistance school” and are
paid with Title I, Part A funds; or
 work in a “schoolwide program school”; or
 provide instructional support to a public
school teacher who provides equitable
services to eligible private school students.
NOTE: BOCES and State schools are
not LEAs receiving Title I, Part A funds.
34
What duties does the NCLB permit Title I
paraprofessionals to perform?
1. Providing instructional support services
2. One-on-one tutoring for eligible students if the
tutoring is scheduled at a time when a student
would not otherwise receive instruction
from a teacher
3. Assisting in classroom management
4. Assisting in computer instruction
5. Providing instructional support
in a library or media center
35
Duties of Title I paraprofessionals
(continued)
6. Conducting parental involvement activities
7. Acting as a translator
36
Supervision of Title I paraprofessionals
All duties must be performed under the direct
supervision of a “highly qualified” teacher, which
means:
 The teacher plans instructional activities that the
paraprofessional carries out; and
 The teacher evaluates the achievement of students
with whom the paraprofessional is working; and
 The paraprofessional works in close
and frequent physical proximity
to the teacher.
37
When must Title I paraprofessionals be
“qualified?”
Who: Hired after January 8, 2002
When: When hired
Who: All other Title I paraprofessionals
When: January 8, 2006
38
A “qualified” Title I paraprofessional:
1. Has a high school diploma or a recognized
equivalent when hired; and
2. Meets one of the following*



Has at least two years of college
Has an associate’s or higher degree
Passed a formal State or local academic
assessment
*See exceptions on next slide.
39
Exceptions to the definition of
“qualified”
Title I paraprofessionals need only have a high
school diploma or its recognized equivalent if
their duties consist solely of:
 Translating from languages other than
English to enhance the participation of
limited English proficient children in
Title I programs; or
 Conducting parental involvement
activities.
40
What are the educational options?
TWO YEARS OF STUDY OPTION
Two years of study (48 semester hours) at:
 a public college or university (e.g., SUNY, CUNY); or
 an independent college or university
ASSOCIATE’S DEGREE OPTION
 an associate’s or higher degree
41
What is the assessment option?
NCLB’S ESSENTIAL CRITERIA
The assessment must address knowledge of,
and the ability to assist in teaching, as
appropriate:
 reading/language arts, writing and math; or
 reading readiness, writing readiness and
math readiness.
42
Possible assessment options
for LEAs
 A State assessment is available but is not
required for NCLB purposes.
 LEAs may develop or select their own local
assessments.
43
State assessment option
 May be used for NCLB.
 Must be used for Teaching Assistant Certificate
after 2/1/04.
New York State Assessment of
Teaching Assistant Skills (NYSATAS)
http://www.highered.nysed.gov/tcert/certificate/atas.htm
Questions?
[email protected]
44
Local assessment option
FOR NCLB ONLY
Existing teaching assistants meet the NCLB’s
local assessment criteria if they:
 are State-certified; and
 have achieved tenure in a review conducted
in accordance with Education Law Sections
2509(2), 3012(2) or 2573
45
Other local assessment options
FOR NCLB ONLY
Formats may be:

written assessments; or

tenure reviews; or

performance reviews; or

other evaluative processes.
An LEA’s superintendent must assure that the LEA’s
local assessment meets the NCLB’s essential criteria.
46
Procedural guidance for LEAs
Local assessment should be:




documented
signed and dated by the test taker & evaluator, if
applicable
consistently used for all candidates in the same
school year
retained for at least 6 years after end of employee’s
last year of employment
47
PART 3
NCLB PLANS,
REPORTING AND
ACCOUNTABILITY
Teachers
and
Title I Paraprofessionals
48
District attestations
The principal of each school receiving Title I funds
must attest annually, in writing, as to whether the
school is in compliance with the NCLB.
Copies of the attestation must be maintained in the
district office and school and made available upon
request to the public.
49
Local plans
Each LEA receiving Title I, Part A funds must have
a plan to ensure that:
all teachers of core academic subjects (1) are “highly
qualified” by the end of 2005-2006 (or extended deadlines
for “eligible rural LEAs) and (2) receive “high quality”
professional development; AND
through incentives for voluntary transfers,
professional development, recruitment or other
effective strategies, minority students and students
from low-income families are not taught at higher rates
than other students by unqualified, out-of-field
or inexperienced teachers.
50
State plan
SED must have a plan to ensure
that teachers in all LEAs and public
schools meet the NCLB’s teacher
quality standards by June 2006 (or
extended deadlines).
USDOE approval is not required.
51
State plan (continued)
SED’s plan must establish annual measurable objectives
(AMOs) for each LEA and school that include,
at a minimum, annual increases in the percentages of
teachers of core academic subjects that are:
 “highly qualified;” and
 receive“high-quality” professional development.
SED requires
annual increases leading to 100%
by June 2006
(or extended deadlines, as applicable)
52
Required public reporting
States and LEAs must report on:
1. the professional qualifications of all
public school teachers; *
2. the percentage of all public school teachers
who are certified for their teaching
assignments;*
*Must be on report cards
53
Required public reporting (continued)
3. the percentage of public school teachers of core
academic subjects that are receiving “high-quality”
professional development;
4. the percentage of public school classes in core
academic subjects that are taught by teachers that
are “highly qualified” to teach them;* and
5. the percentage of Title I paraprofessionals that are
“qualified.”
*Must be on report cards
54
Required public reporting (continued)
Each LEA must disseminate report cards to:



all its schools;
parents of its students; and
the public.
Web publication is not sufficient.
55
Required State monitoring
SED must:
 monitor each LEA’s and school’s annual progress;
towards meeting AMOs;
 identify LEAs that are not meeting their staffing
AMOs and take required actions (e.g., improvement
plans, professional development strategies,
constraints on hiring of new paraprofessionals);
and
 ensure that minority students and students
from low-income families are not taught at higher
rates than other students by unqualified, out-of-field
or inexperienced teachers
56
Required sanctions
LEAs failing to meet AMOs for staff and
annual yearly progress (AYP) for student
achievement for 3 consecutive years must:
 develop a plan for meeting AMOs; and
 no longer use Title I funds to hire new
paraprofessionals for Title I programs
unless certain conditions are met.
57
Other possible sanctions
Other sanctions for LEAs that fail to make AYP may
apply to teachers and Title I paraprofessionals.
However, those sanctions should not “be construed
to alter or otherwise affect the rights, remedies and
procedures afforded schools or school district
employees under Federal, State or local laws …
or under the terms of collective bargaining agreements,
memoranda of understanding or other agreements
between such employees and their employers.”
NCLB Section 1116(d)
58
NCLB-required BEDS report
for teachers
Starting in fall 2003, BEDS Personnel Data Forms for
Teachers have NCLB items and instructions.
EACH TEACHER. Did the teacher receive “highquality” professional development in the prior school
year? (YES, NO, NOT APPLICABLE)
EACH TEACHING ASSIGNMENT. Is the teacher “highly
qualified” to teach this class? (YES, NO, NOT CORE)
See Personnel Master File (PMF) at
http://www.emsc.nysed.gov/irts/home.html
59
BEDS Personnel Data
Forms for Teachers
TEACHING ASSIGNMENTS – NCLB Core Status
# of asterisks
NCLB Core Status
none
Not core
*
Core
**
May be core (Local information needed)
RESPONSE OPTIONS – “Highly Qualified” Status
Option
Its Meaning
Yes
Core – Teacher is HQ
No
Core – Teacher is not HQ
Not core
Not core subject (HQ not applicable)
NOTE: Web-based equivalent forms are used in NYC.
60
BEDS data definitions:
HOUSSE
If a teacher uses the HOUSSE
to demonstrate subject matter competency,
the teacher must use the final HOUSSE
defined in NCLB Field Memo #05-2003.
Teachers who used the “interim” HOUSSE
defined in NCLB NYS Field Memo #01-2002
prior to Fall 2003 must be re-evaluated using the
final HOUSSE. The earlier HOUSSE is not
acceptable after June 2004.
61
NCLB-required report
on Title I Paraprofessionals
Starting in fall 2003, each school district must submit
data on Title I Paraprofessionals:
 the number of Title I paraprofessionals employed
 the number of Title I paraprofessionals employed
who meet NCLB requirements for being “qualified”
See BEDS Institutional Master File (IMF)
District Summary at
http://www.emsc.nysed.gov/irts/home.html
62
Funding for enhancing
staff qualifications
The NCLB provides funds to LEAs and partnerships to
support professional development for teachers and
Title I paraprofessionals.
At least 5% of Title I, Part A funds must be spent on
professional development (unless less is sufficient) to
ensure that teachers and Title I paraprofessionals meet
the NCLB’s requirements. Schools in need of
improvement must spend 10%.
LEAs also receive Title II funds for professional
development.
63
PART 4
CHARTER SCHOOLS AND
NON-PUBLIC SCHOOLS
64
Charter schools
Public charter schools receiving Title I, Part A funds
must meet the NCLB’s requirements for teachers and
Title I paraprofessionals.
However, not all charter school teachers must be
certified to be “highly qualified” because the NCLB
defers to State charter school laws regarding teacher
certification.
To be “highly qualified,” charter school teachers of
core subjects must, at least, have a bachelor’s
degree and demonstrate subject matter competency.
65
Non-Public Schools
The NCLB’s requirements do not apply
to teachers and paraprofessionals
employed by non-public schools.
NOTE: SED requires non-public schools providing
services to children with disabilities
to employ certified teachers.
66
PART 5
PARENTS’
RIGHT TO KNOW
67
Title I LEA notice to parents
At the beginning of each school year, Title I LEAs
must notify parents of their right to know about
teacher qualifications.
Which parents? Parents of students attending
schools receiving Title I funds.
Which teachers? Their children’s classroom
teachers, regardless of whether they are employed
directly by the LEA or under contract with another
entity, such as a BOCES.
When? Starting in fall 2002
68
Title I LEA notice to parents
(continued)
Title I LEA notices must contain information about:

certification for classes being taught;

bachelor’s degree major; and

other certifications or degrees by field.
Notice may be in any format, including newsletters
that go to every parent, and must be clear and
in languages parents can understand.
69
Title I school notice to parents
Each school receiving Title I, Part A funds must
provide to each individual parent the following
information:
 child’s performance on academic assessments
 as appropriate, timely notice that the child has
been assigned, or has been taught for four or more
consecutive weeks by, a teacher of a core
academic subject who is not “highly qualified”
This information must be sent to each parent individually
to protect privacy, and to the extent practicable, in a
language that parents can understand.
70
Title I school notice to parents (continued)
Schools receiving Title I, Part A funds
must give notice when a child has been
assigned, or taught for four or more
consecutive weeks, by a teacher of a core
academic subject who is not “highly qualified”
even when the NCLB does not require the
teacher to be “highly qualified” until June 2006
(or extended deadlines).
71
PART 6
INFORMATION
RESOURCES
72
Information on
NCLB requirements
TEACHERS AND TITLE I PARAPROFESSIONALS
http://www.highered.nysed.gov/nclbhome.htm
GENERAL
http://www.emsc.nysed.gov/deputy/nclb/nclbhome.htm
ALL QUESTIONS
Email: [email protected]
73
Information on
New York State requirements
TEACHER AND TEACHING ASSISTANT CERTIFICATION
Email: [email protected]
Web: http://www.highered.nysed.gov/tcert/
STATE TEST FOR TEACHING ASSISTANT CERTIFICATION
Email: [email protected]
Web:http://www.highered.nysed.gov/tcert/certificate/atas.htm
http://www.nysatas.nesinc.com/
ANNUAL PROFESSIONAL PERFORMANCE REVIEWS
Email: [email protected]
Web: http://www.emsc.nysed.gov/part100/opener.html
74
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