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 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.
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| 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.
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| 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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