No Child Left Behind Act of 2001 (NCLB)
MainNCLB NYS
Field Memo
#09-2003
ADDENDUM August 2004
Cover Letter
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
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Part C Definitions of “Highly Qualified”
Teachers
| NEW ITEMS |
| C9. |
What is the "effective date" of a teaching
certificate?
As explained in Item C1 of NCLB NYS Field Memo #09-2003, the "effective
date" of a teaching certificate from New York State or any other
jurisdiction determines when a teacher is "new" or "not new" to the
profession of teaching. The "effective date" of a teaching certificate is
the earlier of the "effective date" appearing on the certificate or the date
on which the certificate was issued. Effective dates appearing on New York
State certificates are September 1 and February 1, as required by section
80-1.2 of the Regulations of the Commissioner of Education. |
| C10. |
What State certification requirements must a teacher meet to be "certified"
for a teaching assignment in a core academic subject?
A teacher is deemed "certified" for a teaching assignment in a core academic
subject if (1) the teacher has an acceptable credential for that teaching
assignment or (2) if the assignment is:
NOTE ON INCIDENTAL TEACHING FOR STUDENTS WITH DISABILITIES. The Individuals
with Disabilities Education Act’s (IDEA) highest standard requirement for
personnel prohibits incidental teaching assignments for teachers of students
with disabilities.
Acceptable credentials for a teaching assignment are:
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licenses issued by the City School District of the City of New York for
employment in that district; or
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licenses issued by City School District of the City of Buffalo for
employment in that district that have been equated to New York State
certificate titles; or
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currently valid teaching credentials issued by SED except for the
following two credentials:
- a modified temporary license; and
- an internship certificate held by an individual who has not passed all
applicable examinations. Applicable examinations are those required to
demonstrate subject matter competency for the NCLB, as explained in Items
C2 and C5 of NCLB NYS Field Memo #09-2003. For further information on
internship certificates, please refer to section 80-5.9 of the
Commissioner’s Regulations, available online at
http://www.highered.nysed.gov/tcert/part80-5.htm#5.9 .
NOTE ABOUT EXPIRED CERTIFICATES OF QUALIFICATION. A certificate of
qualification (CQ) is not an acceptable credential because all of
them expired by August 31, 2003. A teacher holding a CQ should convert it
as soon as possible to a provisional certificate at no cost by following
the directions printed on the CQ. See section 80-5.11 of the
Commissioner’s Regulations at
http://www.highered.nysed.gov/tcert/part80-5.htm#5.11 for
further information about CQs.
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| C11. |
Can a teacher be deemed certified for "incidental teaching" that exceeds five classroom hours per week
in a block schedule?
No. Section 80-5.3 of the Commissioner’s Regulations clearly states that a
superintendent of schools may assign a teacher to teach a subject not
covered by such a teacher’s certificate or license for a period not to
exceed five classroom hours a week, when no certified or qualified
teacher is available after extensive and documented recruitment, and
provided that approval of the Commissioner is obtained in accordance with
the procedural requirements in section 80-5.3. If a teaching assignment does
not meet the criteria for "incidental teaching," it is out-of-field teaching
and the teacher is not "highly qualified" for that teaching assignment
because the teacher does not meet State certification requirements for that
teaching assignment.
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| C12. |
Can a teacher use the Multi-Subject Content Specialty Test to demonstrate subject matter competency
in all the core academic subjects covered by that test?
Yes. The Multi-Subject Content Specialty Test is required for initial
certification for the certificate title of Generalist in Middle Childhood
Education (grades 5-9) but it may be used by any teacher who teaches
instructional content at the level of grades 5 through 9 and seeks to
demonstrate subject matter competency for multiple core academic subjects at
those grade levels.
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| C13. |
May employers limit the options that teachers of core academic subjects use to demonstrate
their subject matter competency?
Items C1, C2, C4 and C5 of NCLB NYS Field Memo #09-2003 describe all the
options that teachers may use to demonstrate subject matter competency to
meet the NCLB definition of "highly qualified," including the high objective
uniform State standard of evaluation (HOUSSE).
SED’s policy is that all public school employers should permit their
teachers to use all the options permitted by the NCLB, including the HOUSSE.
To advance the State interest in meeting the NCLB deadlines for teacher
quality, SED is planning to ask the Board of Regents to adopt amendments to
Part 120 of the Regulations of the Commissioner, relating to the NCLB, to
create a State requirement for LEAs to use all the options in the NCLB
definition of "highly qualified," including the HOUSSE.
In addition to the HOUSSE, employers can use other tools to strengthen their
teachers subject matter competency and teaching skills. These tools include
Annual Professional Performance Reviews and Professional Development Plans
required under sections 100.2(o) and 100.2(dd), respectively, of the
Regulations of the Commissioner of Education.
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| C14. |
Can a public school employer change NCLB standards for being a "highly
qualified" teacher?
No. While employers can set their own local standards for hiring teachers,
they have no authority to change NCLB requirements for teachers. In
addition, Section 9101(23)(C)(ii)(IV) of the NCLB clearly requires that each
State’s HOUSSE be "uniformly applied to all teachers in the same academic
subject and the same grade level throughout the State." This means that
employers are not permitted to change the substance of the HOUSSE rubrics in
NCLB NYS Field Memo #05-2003, as revised and updated.
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| C15. |
Who is responsible for determining whether a teacher meets the NCLB
definition of "highly qualified?"
Employers of public school teachers are responsible for determining whether
a teacher meets the NCLB definition of "highly qualified" because the
employers are subject to the NCLB, not the individual teachers. This applies
to all the NCLB’s requirements related to
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parents’ right to know, described in Part E of NCLB NYS Field Memo
#09-2003; and
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accountability and reporting, described in Part G of NCLB NYS Field Memo
#09-2003.
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| C16. |
Is there a tool that LEAs can use to decide whether its teachers meet the NCLB
definition of "highly qualified?"
SED has created two tools.
- Appendix A of NCLB NYS Field Memo #09-2003 is a one-page summary of
the four definitions of a "highly qualified" teacher.
- Appendix G of this Addendum to NCLB NYS Field Memo #05-2003 is a flow
chart for determining whether the NCLB applies to a specific teaching
assignment and whether a teacher meets the applicable NCLB definition of
"highly qualified" for that assignment.
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| C17. |
Does New York State have reciprocity with other states for being a
"highly qualified" teacher?
No. The NCLB authorizes each state to interpret the NCLB definition of
"highly qualified" in its own statutory and regulatory context. This means
that NCLB qualifications do not necessarily transfer from one state to
another.
- A teacher from another state who seeks credentials in New York State
may refer to
http://www.highered.nysed.gov/tcert/certificate/appotherstates.htm . A
teacher certified by a jurisdiction other than New York State may use the
effective date of his or her certificate to determine whether he or she is
"new" or "not new" to the profession.
- A teacher who is certified in New York State and seeks employment in
another state will need to meet the "highly qualified" definition in that
state.
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| C18. |
What additional qualifications are required for teachers supported with NCLB
Title III funds?
Title III of the NCLB requires all teachers in language instruction
educational programs funded under Title III to be fluent in English and any
other language in which they provide instruction, including having written
and oral communication skills. Even teachers who are not responsible for
instruction in English need to be fluent in English in order to communicate
and interact effectively with English-speaking parents, other teachers and
administrators.
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