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No Child Left Behind Act of 2001 (NCLB)

NCLB NYS
Field Memo
#02-2003 

Cover Letter

Introduction

Part A  “Highly Qualified” Teachers

Part B  “Qualified” Title I Paraprofessionals

Part C  Accountability System for Teachers and Title I Paraprofessionals

Part D  Charter Schools and Non-public Schools

Part E  Parents Right to Know 

Part F  Links to Further Information

Print Field Memo #02-2003 as  or PDF or WORD 

Part D
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 it 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 paraprofessionals apply to charter schools that receive Title I, Part A funds to the same extent as other public schools.
  

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.

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