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No Child Left Behind
Act of 2001 (NCLB)

NCLB NYS
Field Memo
#01-2002

1. Cover Letter
2. Introduction
1. Which teachers must meet the NCLB " requirement to be "highly qualified?"
2. Which teachers are not "highly qualified" according to the NCLB?
3. Which teachers are "highly qualified?"
4. Which teachers must be "highly qualified" in special circumstances?
5. Which paraprofessionals must meet the NCLB " requirements?
6. What are the NCLB " requirements for paraprofessionals?
7. What is the NCLB's accountability system for teachers and paraprofessionals?
8. What are the NCLB's requirements for teachers and paraprofessionals in charter schools and nonpublic schools?
9. What are the NCLB's requirements for notifying parents about teacher and paraprofessional qualifications?
10. Which Web sites contain information about federal and New York State requirements for teachers and paraprofessionals?
    
    
11. Attachment 1 - NYSTCE Assessment of Teaching Assistant Skills Test Framework, October 2002 Preliminary Draft

1. ELEMENTARY SCHOOL TEACHERS NEW TO THE PROFESSION. Elementary school teachers "new to the profession" are "highly qualified" if they:
2.  
   1. Have a bachelor's degree; and
      
      
   2. Have a transitional, conditional provisional, provisional or permanent certificate from New York State; and
      
      
   3. Passed the New York State test of knowledge of the elementary school curriculum, which is the New York State Teacher Certification Examinations (NYSTCE) Liberal Arts and Sciences Test (LAST); and
      
      
   4. Passed the New York State test for elementary teaching skills, the NYSTCE Elementary Assessment of Teaching Skills-Written (Elementary ATS-W).

   The U.S. Department of Education (USDOE) has not yet provided a definition of "new to the profession." Until a definition is provided, SED recommends that local educational agencies (LEAs) treat teachers who were certified in the past twelve months or are in their first year of teaching as being "new to the profession." This interim definition is subject to change in response to final federal regulations and guidance.

2. MIDDLE AND SECONDARY SCHOOL TEACHERS NEW TO THE PROFESSION. Middle and secondary school teachers "new to the profession" are "highly qualified" if they:
3.  
   1. Have a bachelor's degree; and
      
      
   2. Have a transitional, conditional provisional, provisional or permanent certificate from New York State; and
      
      
   3. Demonstrate a high level of competency in each of the subjects they are teaching by:
      
      
   4.  
      1. Passing a Content Specialty Test in each of the subjects; or
         
         
      2. Completing an undergraduate major or coursework equivalent to an undergraduate major in each of the subjects, which means at least 30 credit hours; or
         
         
      3. Having a graduate degree in each of the subjects; or
         
         
      4. Having advanced certification in each of the subjects.
         
         

The USDOE has not yet provided a definition of "new to the profession." Until a definition is provided, SED recommends that LEAs treat teachers who were certified in the past twelve months or are in their first year of teaching as being "new to the profession." This interim definition is subject to change in response to final federal regulations and guidance.

The USDOE has not yet provided a definition for "advanced certification." Until the USDOE issues final regulations and guidance, SED recommends that LEAs in New York State treat a "permanent" State teaching certificate as "advanced certification." This interim definition is subject to change in response to final federal regulations and guidance.

3. TEACHERS NOT NEW TO THE PROFESSION. Teachers who are not new to the profession are "highly qualified" if they:
4.  
   1. Meet the requirements in Items C.1 and C.2, above; or
      
      
   2. Meet the following requirements:
      
      
   3.  
      1. Have a bachelor's degree; and
         
         
      2. Have a transitional, conditional provisional, provisional or permanent certificate from New York State; and
         
         
      3. Demonstrate competence in all of the academic subjects they teach through a "high objective uniform State standard of evaluation," which satisfies these criteria:

• is set by the State for both grade appropriate academic subject matter knowledge and teaching skills;
  
  
• is aligned with challenging State academic content and student academic achievement standards and developed in consultation with core content specialists, teachers, principals and school administrators;
  
  
• provides objective and coherent information about the teacher's attainment of the core content knowledge in the academic subjects in which the teacher teaches;
  
  
• is applied uniformly to all teachers in the same academic subject and the same grade level throughout the State;
  
  
• takes into consideration, but not be based primarily on, the time the teacher has been teaching in the academic subject;
  
  
• is available to the public upon request; and
  
  
• may involve multiple objectives of teachers' competencies.

Certificate titles in New York State have been changed over the years. Teachers who are "not new to the profession" can hold the equivalent of certificates listed in Items C.1 and C.2, above.

Elementary school teachers in New York State who are "not new to the profession" can demonstrate their knowledge of the elementary school curriculum with one of the following:

1. the NYSTCE Liberal Arts and Sciences Test (LAST); or
   
   
2. the combination of the National Teachers Examination (NTE) Core Battery tests in Communications Skills and in General Knowledge; or
   
   
3. "a high objective uniform State standard of evaluation."

Elementary school teachers in New York State who are "not new to the profession" can demonstrate their teaching skills with one of the following:

1. the NTE Core Battery test in Professional Knowledge; or
   
   
2. the NYSTCE Assessment of Teaching Skills, Written - Elementary (ATSW-E); or
   
   
3. the NYSTCE Assessment of Teaching Skills Performance Video (ATSP); or
   
   
4. "a high objective uniform State standard of evaluation."

The USDOE has not yet provided a definition of "not new to the profession." Until a definition is provided, SED recommends that LEAs treat teachers who were certified in the past twelve months or are in their first year of teaching as being "new to the profession" and all other teachers as being "not new to the profession." This interim definition is subject to change in response to final federal regulations and guidance.

Some teachers who are "not new to the profession" may want to use the "high objective uniform State standard of evaluation" to satisfy the NCLB's requirements by 2005-2006. The USDOE has not issued guidance on what constitutes such a "standard of evaluation." Until the USDOE issues final regulations and guidance for that "standard of evaluation," SED recommends that LEAs treat all teachers who have successfully participated in professional development provided pursuant to district professional development plans [section 100.2(dd) of the Regulations of the Commissioner of Education] in conjunction with required annual professional performance reviews for teachers [section 100.2(o) of the Regulations of the Commissioner of Education] to have met a "high objective uniform State standard of evaluation." This interim guidance is subject to change in response to final regulations and guidance. After the USDOE issues final regulations and guidance, SED will issue State guidance.

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