No Child Left Behind Act of 2001 (NCLB)
Main
NCLB NYS
Field Memo
#02-2004
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
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Part C Accountability System for Teachers and Title I
Paraprofessionals
| C1. |
Each LEA receiving Title I, Part A funds must provide
attestations that it is in compliance with the NCLB’s requirements for
teachers and Title I paraprofessionals.
- The principal of each school receiving Title I funds must attest
annually, in writing, as to whether the school is in compliance.
- Copies of the attestation must be maintained in the district office
and the school and made available upon request to the public.
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| C2. |
Each LEA receiving Title I, Part A funds must have a plan
to ensure that:
- all public school teachers of core academic subjects, including
teachers employed by the LEA to provide services to eligible private
school students, are “highly qualified” no later than the end of school
year 2005-2006; and
- all public school teachers of core academic subjects are receiving
high quality professional development, as defined in section 9101(34) of
the NCLB, to enable them to become “highly qualified” and effective
classroom teachers; and
- through incentives for voluntary transfers, professional development,
recruitment programs, or other effective strategies, minority students and
students from low-income families are not taught at higher rates than
other students by unqualified, out-of-field or inexperienced teachers.
ANNUAL MEASURABLE OBJECTIVES (AMOs). Each LEA and each school receiving
Title I, Part A funds must annually increase, at a pace that will reach 100
percent by the end of school year 2005-2006, the percentage of teachers of
core academic subjects that are (1) “highly qualified” for the classes they
teach and (2) receiving high quality professional development. These annual
increases are each LEA’s and each school’s Annual Measurable Objective (AMO).
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| C3. |
An LEA receiving Title I, Part A funds must use such funds
for professional development activities to ensure that teachers and Title I
paraprofessionals meet the NCLB’s requirements.
- For each fiscal year after 2003, an LEA must use not less than 5
percent of its Title I, Part A, Subpart A funds for professional
development, except as noted below.
- An LEA is not required to spend the percentage shown above for a given
fiscal year if a lesser amount is sufficient to ensure that the LEA’s
teachers and Title I paraprofessionals meet the NCLB’s requirements.
- An LEA may use additional Title I, Part A, Subpart A funds to support
ongoing training and professional development to assist teachers and Title
I paraprofessionals.
LEAs may also use other NCLB funds, or other funds, to provide
professional development to teachers and Title I paraprofessionals.
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| C4. |
Annual public reports must show:
- the percent of teachers of core academic subjects that are “highly
qualified”;
- the percent of classes in core academic subjects being taught by
teachers that are “highly qualified” to teach the classes; and
- the percent of teachers of core academic subjects receiving high
quality professional development; and
- the percent of Title I paraprofessionals that are “qualified”.
SED has enhanced its Basic Educational Data System (BEDS) to satisfy the
NCLB’s reporting requirements. LEAs should maintain records on the
qualifications and professional development of teachers and the
qualifications of Title I paraprofessionals for no less than six years from
the end of the last school year in which the individual was employed.
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| C5. |
SED must monitor the progress of each school and LEA
receiving Title I, Part A funds in meeting its annual measurable objectives.
SED must:
- identify LEAs and schools that are not meeting their AMOs; and
- take required actions (e.g., improvement plans, professional
development strategies, constraints on hiring of new Title I
paraprofessionals).
SED requires all LEAs receiving Title I, Part A funds to increase all the
percentages in C4.
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| C6. |
LEAs failing to meet both AMOs for staff and annual yearly
progress (AYP) for student achievement for three consecutive years must:
- develop a plan for meeting their AMOs; and
- no longer use Title I funds to hire new paraprofessionals for Title I
programs unless certain conditions are met.
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| C7. |
Other sanctions for LEAs that fail to make AYP may apply to
teachers and Title I paraprofessionals. However, those sanctions should not
“be construed to alter or otherwise affect the rights, remedies and
procedures afforded schools or school district employees under Federal,
State or local laws … or under the terms of collective bargaining
agreements, memoranda of understanding or other agreements between such
employees and their employers.” [NCLB Section 1116(d)] |
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