No Child Left Behind Act of 2001 (NCLB)

Main

NCLB 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

For More Information: nclbnys@mail.nysed.gov

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Table of Contents

Introduction
Part A Teachers Subject to the NCLB
A1.	Which teachers are subject to the NCLB?
A2.	What is a “public school” for the NCLB's teacher quality requirements?
A3.	What is the definition of “core academic subjects” for NCLB purposes?
A4.	What are examples of classes whose teachers are subject to the NCLB?
A5.	Does the NCLB apply to pre-kindergarten (pre-K) teachers?
A6.	Does the NCLB apply to substitute teachers?
Part B Deadlines for Being a “Highly Qualified” Teacher
B1.	When must public school teachers of core academic subjects be “highly qualified” for all the core academic subjects they teach?
B2.	What is the definition of “supported by Title I, Part A funds?”
B3.	How do the NCLB's deadlines apply to teachers on a Preferred Eligibility List (PEL)?
Part C Definitions of “Highly Qualified” Teachers
C1.	What is the definition of a “highly qualified” teacher?
C2.	What is the definition of “highly qualified” elementary teachers who are new to the profession?
C3.	Are there exceptions to the definition of “highly qualified” elementary teachers who are new to the profession?
C4.	What is the definition of “highly qualified” elementary school teachers who are not new to the profession?
C5.	What is the definition of “highly qualified” middle and secondary school teachers who are new to the profession?
C6.	What is the definition of “highly qualified” middle and secondary school teachers who are not new to the profession?
C7.	What is the “high objective uniform State standard of evaluation” (HOUSSE) for teachers who are not new to the profession?
C8.	Which teachers can have a modified temporary license without violating the NCLB?
Part D Applying the “Highly Qualified” Definitions to Specific Circumstances
D1.	What definition of “highly qualified” applies to classes of English as a Second Language (ESL)?
D2.	What definition of “highly qualified” applies to special education teachers?
D3.	What definition of “highly qualified” applies to teachers of social studies classes in grades 7 through 12?
D4.	What definition of “highly qualified” applies to teachers of science classes in grades 7 through 12?
D5.	What definition of “highly qualified” applies to CTE teachers whose classes are subject to the NCLB?
D6.	What definition of “highly qualified” applies to teachers in alternative education programs?
D7.	Can a teacher be “highly qualified” for a class taught as “incidental teaching?
Part E Parents' Right to Know
E1.	What notice and information about teachers' qualifications must local educational agencies receiving Title I, Part A funds provide to parents?
E2.	What other information must each school receiving Title I, Part A funds provide to parents?
E3.	How does SED monitor compliance with the NCLB's parents' right to know provisions?
Part F Professional Development for Teachers
F1.	What professional development requirements must be met by public school teachers of core academic subjects?
F2.	What expenditures must LEAs make for professional development for teachers of core academic subjects, and for Title I paraprofessionals?
F3.	What is “high-quality” professional development for teachers?
F4.	Must all professional development activities incorporate all the items identified in the definition of professional development in section 9101(34)?
F5.	Are one-day and short-term workshops and conferences allowable expenses for Title II, Part A funds?
F6.	How do the NCLB's requirements for professional development align with State requirements for professional development?
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?
G2.	What other NCLB accountability requirements must LEAs meet regarding their staff?
G3.	What data elements on teachers must be in school, LEA and State report cards?
G4.	What records on teachers must LEAs maintain?
G5.	Are HOUSSE evaluations transferable from one employer to another?
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?
G7.	What are the consequences for LEAs that fail to make their annual measurable objectives for staffing?
G8.	Does the NCLB override tenure laws, contracts and other agreements protecting teachers' jobs?
Appendix A New York State Definition of “Highly Qualified” Teachers and Options for Demonstrating Subject Matter Competency in Core Academic Subjects
Appendix B NCLB Definition of “High-Quality Professional Development”
Appendix C NCLB Definition of “Scientifically Based Research”
Appendix D Comparison of State and Federal Requirements for Professional Development for Teachers
Appendix E NCLB Definition of “Needs Assessment” for Professional Development
Appendix F Guide to References

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