University of the State of New York, State Education Department.

Office of Higher Education
Johanna Duncan-Poitier, Senior Deputy Commissioner of Education - P-16 for the Office of Elementary, Middle, Secondary, and Continuing Education and Office of Higher Education
Joseph Frey, Associate Commissioner, Office of Higher Education

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
#03-2004

Cover Letter

Introduction

Instructions for NCLB Items

Definitions for NCLB Items

Appendix A

For More Information: nclbnys@mail.nysed.gov

Print Field Memo #03-2004 as or PDF or WORD

Definitions for NCLB Items

Core Academic Subjects
High Quality Professional Development
Highly Qualified Teacher

CORE ACADEMIC SUBJECTS

NCLB "core academic subjects" are: English, reading, language arts, mathematics, science, history, geography, economics, civics and government, foreign languages and the arts. SED defines "the arts" as: art, dance, music, theater (including public speaking) and drama.

HIGH QUALITY PROFESSIONAL DEVELOPMENT

The following definition of "professional development" is from section 9101(34) of the NCLB. Professional development that reflects the principles in this definition is considered to be "high quality professional development."

High quality professional development need not meet all the criteria in this statutory definition because section 9101(34) is not meant to be a "check-off list." Rather, the NCLB’s definition of professional development expresses a statutory set of principles that apply to professional development as a whole.

Professional development is more than just coursework designed to fill a State or district requirement. It is a set of activities designed to produce a demonstrable and measurable effect on student academic achievement that is grounded in scientifically based research.

"(34) PROFESSIONAL DEVELOPMENT- The term ‘professional development’ —

(A) includes activities that —

(i) improve and increase teachers' knowledge of the academic subjects the teachers teach, and enable teachers to become highly qualified;

(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;

(iii) give teachers, principals, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State academic content standards and student academic achievement standards;

(iv) improve classroom management skills;

(v)(I) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher's performance in the classroom; and

(II) are not 1-day or short-term workshops or conferences;

(vi) support the recruiting, hiring, and training of highly qualified teachers, including teachers who became highly qualified through State and local alternative routes to certification;

(vii) advance teacher understanding of effective instructional strategies that are —

(I) based on scientifically based research (except that this subclause shall not apply to activities carried out under part D of title II); and

(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; and

(viii) are aligned with and directly related to —

(I) State academic content standards, student academic achievement standards, and assessments; and

(II) the curricula and programs tied to the standards described in subclause (I) except that this subclause shall not apply to activities described in clauses (ii) and (iii) of section 2123(3)(B);

(ix) are developed with extensive participation of teachers, principals, parents, and administrators of schools to be served under this Act;

(x) are designed to give teachers of limited English proficient children, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;

(xi) to the extent appropriate, provide training for teachers and principals in the use of technology so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and core academic subjects in which the teachers teach;

(xii) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;

(xiii) provide instruction in methods of teaching children with special needs;

(xiv) include instruction in the use of data and assessments to inform and instruct classroom practice; and

(xv) include instruction in ways that teachers, principals, pupil services personnel, and school administrators may work more effectively with parents; and

(B) may include activities that —

(i) involve the forming of partnerships with institutions of higher education to establish school-based teacher training programs that provide prospective teachers and beginning teachers with an opportunity to work under the guidance of experienced teachers and college faculty;

(ii) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and

(iii) provide follow-up training to teachers who have participated in activities described in subparagraph (A) or another clause of this subparagraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom."

HIGHLY QUALIFIED TEACHER

Four possible definitions. There are four possible definitions of a "highly qualified" teacher in the NCLB. Teachers should use the definition that fits the level for each of their teaching assignments and their "newness" to the profession of teaching.

TWO LEVELS. Each teaching assignment in a "core academic subject" is either ELEMENTARY or MIDDLE/SECONDARY.

ELEMENTARY TEACHING ASSIGNMENTS are in grades K through 6 in common branch subjects and in special education classes that cover common branch subjects at the instructional level of grades K through 6, regardless of the nominal grade of the students.

MIDDLE/SECONDARY TEACHING ASSIGNMENTS are in grades 7 through 12; in specially designed instruction deemed equivalent to the general curriculum in grades 7 through 12; or in the arts, foreign languages or reading at all grade levels.

NEWNESS TO THE PROFESSION. Teachers are either NEW TO THE PROFESSION or NOT NEW TO THE PROFESSION of teaching.

A teacher is NEW TO THE PROFESSION during the first year following the effective date of the teacher’s first teaching certificate, except with respect to charter school teachers who are not certified as permitted by section 2854(3)(a-1) of the Education Law, for whom NEW TO THE PROFESSION is defined as the first year following the date upon which the teacher meets the applicable qualifications in section 2854(3)(a-1) of the Education Law as determined by the charter school. First teaching certificates may be from any state or other jurisdiction.

A teacher is NOT NEW TO THE PROFESSION 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 section 2854(3)(a-1) of the Education Law, for whom NOT NEW TO THE PROFESSION is defined as after the first year following the date upon which the teacher meets the applicable qualifications in section 2854(3)(a-1) of the Education Law as determined by the charter school.

Four definitions. There are four definitions of "highly qualified." They are provided below and summarized in Appendix A.

Teachers with ELEMENTARY teaching assignments who are NEW TO THE PROFESSION are "highly qualified" if they:
- have a bachelor’s or higher degree; and
- have a NYS certificate* for their teaching assignments, with limited exceptions for certain charter school teachers; and
- demonstrate subject knowledge and teaching skills by passing two New York State Teacher Certification Examinations -- the Liberal Arts and Sciences Test (LAST) and the Assessment of Teaching Skills–Written (ATS-W) – except that teachers in approved Alternative Teacher Certification Programs are not required to pass the ATS-W to be "highly qualified" while they are enrolled in their programs.
*All credentials are acceptable except modified temporary licenses and internship certificates held by individuals who have not passed the LAST and ATS-W.

Teachers with ELEMENTARY teaching assignments who are NOT NEW TO THE PROFESSION are "highly qualified" if they meet the qualifications in Definition 1 but they have two additional options for demonstrating their subject knowledge and teaching skills:
- passing comparable examinations identified in Item C4 of NCLB NYS Field Memo #09-2003; or
- passing the high objective uniform State standard of evaluation (HOUSSE), explained in NCLB NYS Field Memo #05-2003.
  
  See NCLB NYS Field Memos at http://www.highered.nysed.gov/nclbhome.htm .
- Teachers with MIDDLE/SECONDARY teaching assignments who are NEW TO THE PROFESSION are "highly qualified" if they:
  - have a bachelor’s or higher degree; and
  - have a New York State certificate* for their teaching assignments, with limited exceptions for certain charter school teachers; and
  - demonstrate subject matter competency for the "core academic subjects" they teach with one of the following:
    - passing a New York State Teacher Certification Examination (NYSTCE) Content Specialty Test (CST) in the subjects; or
    - successfully completing an undergraduate major in the subjects;
    - successfully completing coursework equivalent to a major (30 credits) in the subjects; or
    - having a New York State permanent or professional certificate in the subjects; or
    - having a graduate degree in the subjects.
  *All credentials are acceptable except modified temporary licenses and internship certificates held by individuals who have not passed applicable Content Specialty Tests.
- Teachers with MIDDLE/SECONDARY teaching assignments who are NOT NEW TO THE PROFESSION are "highly qualified" if they meet the qualifications in Definition 3 but they have two additional options for demonstrating their subject matter competency:
  - passing comparable examinations identified in Item C6 of NCLB NYS Field Memo #09-2003; or
  - passing the high objective uniform State standard of evaluation (HOUSSE), explained in NCLB NYS Field Memo #05-2003.
  See NCLB NYS Field Memos at http://www.highered.nysed.gov/nclbhome.htm .

Teachers in charter schools. To meet the NCLB definition of "highly qualified," all charter school teachers of "core academic subjects," including those teachers retained in accordance with the "thirty/five exception" under section 2854(3)(a-1) of the Education Law, must (1) have at least a bachelor’s degree; and (2) meet the applicable subject matter competency requirements. Charter school teachers who are not retained in accordance with the "thirty/five exception" must also be certified for their teaching assignments in "core academic subjects."

Incidental teaching and middle schools with approved experiments in organizational change. Teachers with a current credential other than a modified temporary license whose teaching assignments are either approved as "incidental teaching" under section 80-5.3 of the Commissioner’s Regulations or covered by an approved experiment in organizational change under section 80-5.12 of the Commissioner’s Regulations are deemed to be certified for those assignments.

http://www.highered.nysed.gov/nclb032004b.htm