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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. NEWLY HIRED PARAPROFESSIONALS WHO PROVIDE INSTRUCTIONAL SERVICES. Paraprofessionals who provide instructional services, who are hired after January 8, 2002 and who are working in a program supported with Title I funds - and are not covered by the exceptions noted in E.1.b, above:
   
   
   1. Must have a high school diploma or its recognized equivalent; and
      
      
   2. Must have:
      
      
      1. completed at least two years of study at an institution of higher education, which means 48 college credits; or
         
         
      2. an associate's or higher degree; or
         
         
      3. met a rigorous standard of quality and be able to demonstrate through a formal State or local academic assessment knowledge of, and the ability to assist in, instructing reading, writing and mathematics (or reading readiness, writing readiness and mathematics readiness).

      SED is arranging for the development of a test for paraprofessionals that will satisfy the NCLB requirement. The test is called the Assessment of Teaching Assistant Skills. It will be available in 2003. Once it is available, SED will notify all LEAs. Prior to the test's availability, LEAs may use formal, local academic assessments to satisfy NCLB requirements for teaching assistant candidates who have not completed at least two years of college or who do not have an associate's or higher degree. The items below and Attachment 1 provide further guidance.

      Please note that assessments other than the Assessment of Teaching Assistant Skills will not satisfy New York State certification requirements for teaching assistants, although they will satisfy the NCLB's requirements.

2. EXISTING PARAPROFESSIONALS WHO PROVIDE INSTRUCTIONAL SERVICES. Unless they are covered by the exceptions noted above, paraprofessionals who provide instructional services, who were hired prior to January 8, 2002 and who are working in a program supported with Title I funds must meet the same requirements as newly hired paraprofessionals. However, they have until January 8, 2006 to meet these requirements.
   
   
3. LOCAL ASSESSMENTS FOR PARAPROFESSIONALS WHO PROVIDE INSTRUCTIONAL SERVICES. The NCLB does not require LEAs to follow State guidance or to receive State approval when they select or create a formal, local assessment for their paraprofessionals who provide instructional services. LEAs may use the following guidance if they wish.
   
   
   1. State assessment framework. The Assessment of Teaching Assistant Skills is expected to be available in May 2003. When further information is available regarding it's administration, the information will be posted on the Web site for the New York State Teacher Certification Examinations (NYSTCE) at http://www.nystce.nesinc.com. In addition, SED will notify LEAs when the test is available. In the meantime, LEAs may chose to use the draft framework, provided in Attachment 1, to guide their selection or development of a different assessment for NCLB purposes.
      
      
   2. Commercially developed assessment. LEAs may choose to use a commercially developed assessment for paraprofessionals for NCLB purposes. SED does not endorse any particular commercially developed assessment. As a service to LEAs, two commercially developed assessments that districts may want to consider are listed.
      
      
      1. The Education Testing Service (ETS) of Princeton, New Jersey expects to have a computer-administered test for paraprofessionals available by November 2002 for LEAs that sign up in advance. Starting in January 2003, the ETS test will be available in a written format at eighteen test centers located throughout the State. The written test administration dates are January 11, March 8, April 26 and June 28, 2003. For further information, see http://www.ets.org/parapro/index.html. Please note that the ETS test will not satisfy New York State certification requirements, although it will satisfy NCLB requirements.
         
         
      2. The ACT WorkKeys program will enable LEAs to create a local academic assessment aligned with the duties of their own paraprofessionals who provide instructional services. Further information can be obtained at http://www.act.org/workkeys/ or by calling Dr. Ray Sullivan, Director of Postsecondary/Business Services at 518-869-7378. Please note that an ACT assessment will not satisfy New York State certification requirements, although will satisfy NCLB requirements.
         
         
   3. Locally developed assessment. LEAs may chose to develop their own assessment for NCLB purposes. Please note that a local assessment will not satisfy New York State certification requirements; it will only satisfy NCLB requirements.
      
      
4. SUGGESTED PROCEDURES FOR LOCAL ASSESSMENTS FOR PARAPROFESSIONALS. The NCLB does not require State guidance or approval for local assessments for paraprofessionals. However, if LEAs decide to use a local assessment, SED suggests that they prepare for a potential audit of their Title I programs by having a local assessment that is:
   
   
   1. consistently used for all candidates in the same school year;
      
      
   2. written;
      
      
   3. signed and dated by the candidate;
      
      
   4. signed and dated by the person grading the assessment, if the assessment is graded locally; and
      
      
   5. retained indefinitely in each paraprofessional's personnel file.
      
      
5. SUPERVISION OF PARAPROFESSIONALS. Pursuant to the NCLB, a paraprofessional working in a program supported with Title 1 funds "may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher..." The proposed regulations issued by the USDOE in August 2002 state that a paraprofessional works under the "direct supervision" of a teacher if -
   
   
   1. The teacher plans the instructional activities that the paraprofessional carries out;
      
      
   2. The teacher evaluates the achievement of the students with whom the paraprofessional is working; and
      
      
   3. The paraprofessional works in close and frequent proximity to the teacher.

   SED will provide additional guidance after the USDOE issues final regulations and guidance on the supervision of paraprofessionals. The USDOE's proposed regulations require a higher standard of supervision than Section 80-5.6 of the Commissioner's regulations, which require "general supervision."

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