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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. MIDDLE SCHOOL TEACHERS IN EXPERIMENTS IN ORGANIZATIONAL CHANGE. Middle school teachers working in an experiment in organizational change approved under section 80-5.12 of the Regulations of the Commissioner of Education are fully State certified for NCLB purposes. However, if these teachers teach core academic subjects, as defined by the NCLB, they must meet the NCLB's standard for demonstrating a high level of competency in each of the core academic subjects they are teaching, using a State test or any of the other options provided by the NCLB.
   
   
2. VOCATIONAL EDUCATION TEACHERS. The NCLB requirement that teachers be "highly qualified," as defined by the NCLB, does not apply to vocational education teachers who are exclusively teaching career and technical classes for which students receive no credit in a core academic subject. Guidance from the USDOE dated June 6, 2002 states that vocational education teachers must meet the NCLB's definition of "highly qualified" if they are teaching a course for which a student receives credit in a core academic subject. For example, a career and technical teacher who "teaches a course in Applied Physics for which students receive a science credit must hold a four-year degree, be … certified by the State and demonstrate subject matter competency in order to be considered highly qualified." Although the course is taught by a career and technical teacher, "it is counted as a science credit; therefore it is considered a core academic requirement and the teacher must meet the definition of a highly qualified teacher."
   
   
3. INCIDENTAL TEACHING. Section 80-5.3 of the Commissioner's regulations authorizes a superintendent to assign a teacher to teach a subject not covered by that teacher's certificate or license for a period not to exceed five classroom hours a week under certain circumstances. However, pursuant to the NCLB, this option will not be available for teachers of core academic subjects unless they are can demonstrate a high level of competency in each of the core subjects they teach, as specified in the NCLB. For teachers hired after the first day of class in the 2002-2003 school year, the option is not available at all unless they demonstrate a high level of competency in each of the core subjects they teach. For teachers hired on or before the first day of class in the 2002-2003 school year, the option remains available until the end of the 2005-2006 school year, when all classes in core academic subjects must be taught by "highly qualified" teachers.
   
   
4. SUBSTITUTE TEACHERS. After the USDOE issues final regulations and guidance, SED will provide guidance on whether substitute teachers are required to meet the NCLB's definition of "highly qualified."
   
   
5. SPECIAL EDUCATION TEACHERS. After the USDOE issues final regulations and guidance, SED will provide guidance on whether certified special education teachers who teach core academic subjects to special education students must satisfy the NCLB definition of "highly qualified."

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