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
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Part G:
Accountability, Reporting and Records
| G1. |
How must LEAs ensure the public that they are in compliance with the NCLB's requirements for teachers and Title I paraprofessionals?
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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| G2. |
What other NCLB accountability requirements must LEAs meet regarding their staff?
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
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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. [34 CFR 200.57]
In addition, each school and LEA receiving Title I, Part A funds must meet its NCLB Annual Measurable Objectives (AMOs) by annually increasing, until the target of 100 percent is reached and sustained:
- the percentage of teachers of core academic subjects that are “highly qualified” for the classes they teach; and
- the percentage of teachers of core academic subjects that receive “high-quality” professional development. [NCLB 2141 and 34 CFR 200.57]
Each fall SED uses its Basic Education Data System (BEDS) to gather information about all professional personnel in public schools. SED maintains this information in its Personnel Master File
(PMF). Starting in fall 2003, SED is sending LEAs BEDS packets for professional personnel with supplementary data elements and instructions for the
NCLB. The supplementary data will enable SED and LEAs to comply with the NCLB's accountability and reporting requirements related to teacher quality. Further information about BEDS data collection forms is available at http://www.emsc.nysed.gov/irts/beds2003-04/home.html
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| G3. |
What data elements on teachers must be in school, LEA and State report cards?
The NCLB requires annual public reports to show:
- the professional qualifications of teachers (e.g., bachelors and advanced degrees; licensure);
- the percentage of teachers of core academic subjects with temporary or modified temporary licenses;
- the percentage of teachers of core academic subjects that are “highly qualified” for all the core classes they teach; and
- the percentage of classes in core academic subjects that are taught by teachers that are “highly qualified” to teach the classes (disaggregated by poverty status of schools). [NCLB 1119(h)(1)(C)(viii) and 1119(h)(2) and 1119(h)(4)(G) and USDOE 9/19/03]
In addition, the USDOE's Consolidated State Application, due to the USDOE each September, requires SED to report on:
- the percentage of teachers of core academic subjects that are receiving “high-quality” professional development; and
- the percentage of Title I paraprofessionals that are “qualified.”
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| G4. |
What records on teachers must LEAs maintain?
LEAs must maintain records on their teachers for six years from the date of a teacher's termination, according to section 185.11, Appendix I of the Commissioner's Regulations concerning Records Retention and Disposition. However, SED recommends that public school employers retain these records for seven years from the date of termination in order to be consistent with teachers' employment rights in section 2510 or 3013 of the Education Law. Under these statutes, the duration of a preferred eligible list is seven years. In the case of New York City teachers, we similarly recommend that these records be retained for the full duration of preferred eligible lists under section 2588 of the Education Law.
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| G5. |
Are HOUSSE evaluations transferable from one employer to another?
Since the HOUSSE is an official statewide standard of evaluation, SED recommends that school districts,
LEAs, BOCES, charter schools, State schools and Special Act School Districts accept HOUSSE evaluations conducted by other employers. SED also recommends that HOUSSE evaluations be signed by both an employer's representative and the teacher so that they can serve as official documents when a teacher changes employers. When a teacher has satisfied the HOUSSE for a specific program taken over by a school district or a
BOCES, the teacher remains “highly qualified” in that program, consistent with the provisions of sections 3014-a and 3014-b of the Education Law.
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| G6. |
What monitoring role must SED play to ensure that each school and LEA receiving Title I, Part A funds is meeting its
Annual Measurable Objectives for staffing?
All LEAs receiving Title I, Part A funds must meet their Annual Measurable Objectives (AMOs) by increasing the percentages in Item G2 until the target of 100 percent is reached and sustained. To monitor LEAs' progress in meeting their AMOs, SED must:
- identify LEAs and schools that are not meeting their AMOs, as described in Item G2, for two consecutive years; and
- take required actions with LEAs (e.g., improvement plans, professional development strategies, constraints on hiring of new Title I paraprofessionals); and
- provide technical assistance. [NCLB 2141]
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| G7. |
What are the consequences for LEAs that fail to make their annual measurable objectives for staffing?
Section 2141 of the NCLB requires SED to determine if an LEA has made progress toward meeting its Annual Measurable Objectives
(AMOs) for staffing. If the LEA or one of its schools fails for two consecutive years to make progress toward meeting its
AMOs, the LEA must develop an “improvement plan.” The improvement plan must be designed to help the LEA meet its AMOs and must address issues that prevented the LEA from meeting its
AMOs. During the development of the improvement plan and throughout its implementation, SED must provide technical assistance to the LEA, as well as to schools within the LEA that need assistance to enable the LEA to meet the
AMOs. [USDOE, December 2002]
LEAs failing to meet both their AMOs for staffing and their annual yearly progress (AYP) for student achievement for three consecutive years must enter into an agreement with SED on the use of Title I, Part A funds. As part of the agreement, SED must develop, in consultation with the LEA, teachers and principals, professional development strategies and activities that the LEA will use to meet its AMOs. SED must require the LEA to use such strategies and activities. In addition, such LEAs may no longer use Title I funds to hire new paraprofessionals for Title I programs unless certain conditions are met. [NCLB 2141]
In addition, while SED is working with an LEA that failed to meet its AMOs to create professional development strategies and activities to assist the LEA, SED must (in conjunction with the LEA) provide funds directly to one or more schools served by the LEA. The funds for these professional development activities at individual schools are to be taken from the LEA's Improving Teacher Quality State Grants allocation. These funds must be used to enable teachers at these schools to choose professional development activities that are coordinated with other reform efforts at the schools. [USDOE, December 2002]
When schools and LEAs are subject to sanctions under the NCLB for failing to meet both their AMO and AYP targets, under section 2141 of the
NCLB, SED must ensure that locally developed professional development plans are demonstrably improving teacher quality and student achievement. An amendment to an LEA's professional development plan may be required as a result of the redirection of professional development resources.
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| G8. |
Does the NCLB override tenure laws, contracts and other agreements protecting teachers' jobs?
No. Some provisions of the NCLB apply to LEAs and schools that persistently fail to raise student achievement and would permit SED to impose sanctions on staff. [NCLB 1116(c)] The NCLB states that nothing in section 1116 of the NCLB should 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 1116(d) and USDOE 6/14/2002] . |
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