OHE Homepage | Office of K-16 Initiatives and Access Programs | Office of Quality Assurance | Office of Teaching Initiatives | Office of Elementary, Middle, Secondary and Continuing Education (EMSC)

No Child Left Behind Act of 2001 (NCLB)

Main 

NCLB NYS
Field Memo
#01-2005

Cover letter

Introduction

Part A NCLB Requirements for "Highly Qualified" Teachers

Part B NCLB Requirements for "Qualified" Title I Paraprofessionals

Part C NCLB Accountability System for Teachers and Title I Paraprofessionals

Part D NCLB Requirements for Charter Schools and Non-public Schools

Part E NCLB Parents Right to Know Requirements

Part F Links to Further Information
 

Print Field Memo #01-2005 as  or PDF or WORD 

Part D. NCLB Requirements for Charter Schools and Non-Public Schools

D1. The NCLB applies to individuals employed by charter schools.

• Charter school teachers must be certified to the extent required by section 2854(3)(a-1) of Education Law, which provides that all charter school teachers must be certified, except that up to thirty percent of a charter school's teaching staff, or five teachers, whichever is less, are not required to be certified if they meet one of the following criteria: (1) at least three years of elementary, middle or secondary classroom teaching experience; (2) tenured or tenure track college faculty; (3) two years of satisfactory experience through the Teach for America program; or (4) exceptional business, professional, artistic, athletic, or military experience (the "thirty/five exception").

• All charter school teachers who teach core academic subjects, including those teachers retained in accordance with the "thirty/five exception," must also meet the remaining requirements for a "highly qualified" teacher applicable to other public schools. Thus, they must: (1) have at least a bachelor's degree; and (2) meet the applicable subject matter competency requirements described in Items A8 through A11.

• The NCLB's requirements for Title I paraprofessionals apply to charter schools that receive Title I, Part A funds.

D2. "Newness" to the profession of teaching is "new" or "not new" to the profession.

• New to the profession is defined as the first year following the effective date of a teacher's first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1), for whom new to the profession is the first year following the date upon which the teacher meets the applicable qualification in Education Law § 2854(3)(a-1), as determined by the charter school.

• Not new to the profession is defined as after the first year following the effective date of a teacher's first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1), for whom not new to the profession is after the first year following the date upon which the teacher meets the applicable qualification in Education Law § 2854(3)(a-1) as determined by the charter school.

D3. The NCLB's requirements for teachers and Title I paraprofessionals do not apply to individuals employed by non-public schools.

Board of Regents | NYSED Homepage | Disclaimer and Notices | Employment Opportunities | Internet Privacy and Security Policy | NYS Archives | NYS Library | NYS Museum | Office of Counsel | Office of Cultural Education | Office of Elementary, Middle, Secondary and Continuing Education (EMSC) | Office of Higher Education | Office of Operations and Management Services | Office of the Professions | Office of State Review | Office of Vocational & Educational Services for Individuals with Disabilities (VESID) | Program Office Listing | Search NYSED Sites