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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)

NCLB NYS
Field Memo
#09-2003

ADDENDUM August 2004

Table of Contents

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 G : Accountability, Reporting and Records

Appendix G

For More Information: nclbnys@mail.nysed.gov

Print Field Memo #09-2003add as or PDF or WORD

Part A Teachers Subject to the NCLB

CHANGES TO EXISTING ITEMS
A4.	What are examples of classes whose teachers are subject to the NCLB? Replace the sixth item in the list with the following item. Classes in core academic subjects taught in languages other than English or in a bilingual format;
NEW ITEM
A7.	Does the NCLB apply to teachers who only supplement or enrich instruction provided by another teacher with primary responsibility for instruction in a core academic subject? No. Federal guidance explains that teachers who only enrich or supplement instruction provided by another teacher with primary responsibility for instruction in a core academic subject are not subject to the NCLB. Item C21 of federal guidance issued on September 12, 2003 says: An extended learning time program that offers core academic instruction because an LEA has determined that particular students need additional time to learn to State standards can be distinguished from an after-school program offering academic enrichment, tutoring and homework assistance, including supplemental educational services under Section 1116 of No Child Left Behind. In the latter case, the "highly qualified" teacher (and paraprofessional requirements) do not apply. It is up to the LEA to draw the distinction between extended time and enrichment programs. In the guidance above, the USDOE defines supplementary instruction and enrichment to include academic enrichment, tutoring, homework assistance and supplemental education services (SES). In New York State, this federal definition applies to academic intervention services (AIS), instruction in gifted and talented programs and resource rooms and comparable supplemental instruction identified by LEAs.

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http://www.highered.nysed.gov/nclb09-2003.htm