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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. DISTRICT ASSURANCES. LEAs must require the principal of each school operating a schoolwide or targeted assistance program to attest annually, in writing, as to whether the school is in compliance with the NCLB's qualification standards for both teachers and paraprofessionals. Copies of the attestations must be maintained at both the district office and the school and must be available upon request to any member of the public.
   
   
2. ACCOUNTABILITY SYSTEM. The NCLB requires SED to develop a plan to ensure that all classes in core academic subjects are taught by "highly qualified" teachers by the end of the 2005-2006 school year. SED's plan must establish "annual measurable objectives" for each LEA, indicating such LEA's progress toward improving teacher qualifications and increasing the percentage of core academic classes taught by highly qualified teachers. Each LEA receiving Title I funds must report to SED, beginning with the 2002-2003 school year, the annual progress of the LEA as a whole, and of each school within the LEA, in meeting the measurable objectives established by SED. If SED determines that an LEA has failed to make progress toward meeting its staffing goals for two consecutive years, the LEA will be required to develop an improvement plan. If SED determines that an LEA has failed to make progress towards its staffing goals for three consecutive years, SED must enter into an agreement with the LEA regarding the use of that LEA's Title I funds. The agreements must:
   
   
3.  
   1. a. contain professional development strategies and activities that the LEA will use to meet its annual objectives in future years; and
      
      
   2. prohibit the use of Title I Part A funds to hire any paraprofessional unless certain conditions are met.
      
      

See http://www.ed.gov/legislation/ESEA02/pg24.html#sec2141 for further information about what must be contained in such agreements.

SED is seeking guidance from the USDOE to ascertain the precise definitions of "highly qualified" teachers in New York State and the precise data elements that must be included in accountability systems. Once final guidance is issued, SED expects to revise data collection and reporting systems as needed. In the meantime, SED will continue to collect annual data on each teacher's teaching assignments for the Basic Education Data System (BEDS) Personnel Master File and to match each teaching assignment to SED's Teacher Certification File to determine whether the teacher is certified for the assignment. This will permit SED to determine whether each class in a core academic subject is, at minimum, being taught by a certified teacher. As required by the NCLB, SED will also expect each LEA and each school receiving Title I funds to have annual increases in the percentage of core academic classes taught by, at minimum, certified teachers unless they have reached and maintained the goal of 100 percent. This expectation is consistent with the NCLB's requirements and the policies of the Board of Regents.

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