No Child Left Behind Act of 2001 (NCLB)
MainNCLB NYS
Field Memo
#09-2003
Cover Letter
Table of Contents
Introduction
Part A: Teachers Subject to the NCLB
Part B: Deadlines for Being a “Highly Qualified” Teacher
Part C: Definitions of “Highly Qualified” Teachers
Part D: Applying the “Highly Qualified” Definitions to Specific Circumstances
Part E: Parents' Right to Know
Part F: Professional Development for Teachers
Part G : Accountability, Reporting and Records
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
|
Print Field Memo #09-2003 as or PDF or
WORD
Part A:
Teachers Subject to the NCLB
| A1. |
Which teachers are subject to the NCLB?
The NCLB applies to all teachers employed by public elementary, middle and secondary schools to teach classes in “core academic subjects.” These teachers must be both:
- certified by New York State for each teaching assignment – with the exception of certain charter school teachers who are not certified as permitted by the Education Law section 2854(3)(a-1); and
- “highly qualified” as defined by the NCLB, by the deadlines in the NCLB.
|
| A2. |
What is a “public school” for the NCLB's teacher quality requirements?
The NCLB's teacher quality requirements apply to teachers in elementary, middle and secondary schools who are employees of school districts, Boards of Cooperative Educational Services (BOCES), charter schools, the State schools at Batavia and Rome and Special Act School Districts defined in section 4001 of the Education Law. These are “public schools” in New York State for the purpose of the NCLB's teacher quality requirements.
The NCLB does not apply to teachers employed by approved special education private schools (commonly refer to as 853 schools), even when private schools are authorized by section 4201 of the Education Law or approved by the Commissioner of Education to provide services to children with disabilities.
[34 CFR 200.57(d)] Teachers employed by these private schools must be certified by New York State for their teaching assignments and must meet federal teacher quality standards in the Individuals with Disabilities Education Act (IDEA).
|
| A3. |
What is the definition of “core academic subjects” for NCLB purposes?
The NCLB defines “core academic subjects” as: English; reading; language arts; mathematics; science; history; geography; economics; civics and government; foreign languages; and the arts.
[NCLB 9101(11)]
- SED defines the “arts” as: art, dance, music, theater (including public speaking) and drama.
- “Foreign languages” in the NCLB are known in New York State's educational community as “languages other than English.”
|
| A4. |
What are examples of classes whose teachers are subject to the
NCLB?
Examples of classes whose teachers are subject to the NCLB include, but are not limited to:
- common branch classes in grades kindergarten (K) through 6;
- core subject classes in grades 7 through 12;
- classes whose subjects are the arts, languages other than English, and reading in grades K through 12;
- Career and Technical Education (CTE) classes that students may use for academic credit in core subjects;
- classes in core subjects taught as “incidental teaching” as permitted by section 80-5.3 of the Commissioner's Regulations;
- classes in core subjects taught in languages other than English;
- classes in English as a Second Language (ESL) that students may use for academic credit in English;
- special education classes with K through 12 instructional content in core subjects, including “integrated” classes that are taught directly by both general education and special education teachers (See Item D2); and
- classes of core subjects in alternative education programs leading to a credit-based diploma.
In item C-21 of its guidance on Improving Teacher Quality dated September 12, 2003, the USDOE indicates that teachers providing supplemental instruction provided in an after-school program offering academic enrichment, tutoring and homework assistance
do not need to meet the highly qualified teacher standards. The example given is supplemental education services under section 1116 of the NCLB, which by Federal definition must be specifically designed to increase the academic achievement of eligible children on the required State assessments and to attain proficiency in meeting State standards. In contrast, the guidance also states that instruction offered outside of regular school hours in a Title I extended learning time program, in which the public school's regular teaching staff extend or continue the school day using the same or similar curriculum
are subject to the highly qualified teacher. The USDOE indicates that it is up to the LEA to decide whether a particular program involves extended learning time or academic enrichment. [USDOE 9/12/03]
Based on this guidance, it is SED's position that LEAs may determine that programs similar to supplemental educational services, such as academic intervention services or gifted and talented programs, are academic enrichment programs and not subject to the NCLB highly qualified teacher standards.
|
| A5. |
Does the NCLB apply to pre-kindergarten (pre-K) teachers?
No.
On July 2, 2003, SED issued a revised version of NCLB NYS Field Memo #02-2003. The revised version made pre-Kindergarten (pre-K) teachers subject to the NCLB's teacher quality standards as teachers of core academic subjects. Subsequent NCLB NYS Field Memos also applied the NCLB's teacher quality standards to pre-K teachers. As each Field Memo states, the guidance we give is subject to change as we obtain additional guidance and clarifications.
After receiving further technical assistance from the USDOE, we have reconsidered our guidance on pre-K teachers. Pre-K teachers
are not subject to the NCLB. The NCLB's teacher quality standards only apply to teachers in “elementary” and “middle and secondary” schools, which is based on the definition of elementary education in each state's laws. New York State Education Law does not define pre-K as part of “elementary” education. Under section 3202(1) of the Education Law, elementary education begins at age 5, when children are entitled to enter kindergarten or first grade. Section 80-1.1 of the Regulations of the Commissioner of Education defines an “elementary school” as a school organized to give instruction in grades K to 6.
This change for pre-K teachers applies to all NCLB NYS Field Memos issued since June 1, 2003.
Although pre-K teachers are not technically subject to the NCLB, they are an essential part of the State's comprehensive early childhood education system. Therefore, we recommend, but do not mandate, that LEAs and schools expect pre-K teachers to meet the NCLB's definition of a “highly qualified” elementary teacher. If all pre-K teachers are “highly qualified” as elementary teachers by the end of the 2005-2006 school year, they will be able to teach in the elementary grades, should they ever want or need to do so, without violating the NCLB. Their State teaching certificates already qualify them to teach in the elementary grades for State purposes.
|
| A6. |
Does the NCLB apply to substitute teachers?
The NCLB does not require substitute teachers to meet the NCLB's requirement to be “highly qualified.” However, when students in a school receiving Title I, Part A funds are assigned, or taught for four or more consecutive weeks by, a substitute teacher who is not “highly qualified,” the NCLB's parents' right to know requirements apply. (See Part E.) The NCLB does not require substitute teachers to be replaced when they are not “highly qualified.” It only requires parents to be notified in a timely manner.
In addition, substitute teachers must meet State requirements in section 80-5.4 of the Commissioner's Regulations, which are available at
http://www.highered.nysed.gov/tcert/part80.htm#5.4
|
|
