No Child Left Behind Act of 2001 (NCLB)

Main

NCLB 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

For More Information: nclbnys@mail.nysed.gov

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Part D Applying the “Highly Qualified” Definitions to Specific Circumstances

CHANGES TO EXISTING ITEMS
D1.	What definition of "highly qualified" applies to classes of English as a second language? Replace the entire existing Item D1 in NCLB NYS Field Memo #09-2003 with the following item to clarify the requirements for teachers of ESL and bilingual classes. The definition depends on the classes being taught. ESL itself is not a core academic subject, which means that teachers of classes that solely cover ESL are not subject to the NCLB and do not need to meet the NCLB definition of "highly qualified." However, all ESL teachers must meet the State’s high standards for ESL certification for grades K through 12. When a teacher teaches a core academic subject with ESL methodology at the instructional level of grades K through 6, the teacher must meet the "elementary" definition of "highly qualified." Note that the teacher must have dual certification, in both ESL and elementary/common branch subjects, in order to meet all State certification requirements and the certification condition in the NCLB’s "elementary" definition of "highly qualified." When a teacher teaches ESL at the instructional level of grades 7 through 12 to limited English proficiency/English language learners (LEP/ELL) who use the class to satisfy English or language arts requirements for high school graduation, the teacher must meet the "middle/secondary" definition of "highly qualified" for English or language arts. NOTE ON BILINGUAL EDUCATION. State regulations require classes taught in a bilingual format to be taught by teachers with certificates in the subjects they teach who also have applicable bilingual extensions. Teachers of bilingual classes that cover core academic subjects at the instructional level of grades K through 6, including specially designed instruction deemed equivalent to the general curriculum, must meet the NCLB definition for "elementary" teachers. Teachers of bilingual classes in core academic subjects at the instructional level of grades 7 through 12, including specially designed instruction deemed equivalent to the general curriculum, must meet the NCLB definition for "middle/secondary" teachers for each core academic subject they teach. NOTE FOR TEACHERS IN POSITIONS FUNDED BY TITLE III OF THE NCLB. 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.
D2.	What definition of "highly qualified" applies to special education teachers? Replace the fourth bullet in existing Item D2 of NCLB NYS Field Memo #09-2003 with the following paragraph to reflect the USDOE’s clarification of Items C26 and C27 of federal guidance issued on September 12, 2003. USDOE clarification indicates that resource room teachers and consultant teachers are not subject to the NCLB and do not need to meet the NCLB definition of "highly qualified" because they only reinforce or supplement direct instruction that is provided by another teacher who meets the NCLB definition of "highly qualified." The NCLB’s "highly qualified" teacher requirements only apply to teachers providing direct instruction at the level of K through 12 in core academic subjects as the teacher of record. Special educators who do not directly instruct students in core academic subjects as the teacher of record at the level of grades K through 12 do not need to demonstrate subject matter competency in core academic subjects and do not need to meet the NCLB definition of "highly qualified." This means that special education teachers serving as resource room teachers and consultant teachers (whether they provide direct or indirect services) are not subject to the NCLB. In these teaching assignments, special education teachers provide supplemental instruction to students or consultative services such as adjusting the learning environment, modifying instructional methods, adapting curricula, using positive behavioral supports and interventions, and implementing appropriate accommodations to meet the needs of individual children. Special education teachers serving as resource room teachers or consultation teachers must be State certified as special education teachers, but are not required to meet the NCLB definition of "highly qualified" and, therefore, are not required to demonstrate NCLB subject matter competency in core academic subjects.
D4.	What definition of "highly qualified" applies to teachers of science classes in grades 7 through 12? The following text should be added at the end of the existing Item D4 of NCLB NYS Field Memo #09-2003. In a March 31, 2004 letter to Chief State School Officers, the U.S. Secretary of Education explained how the NCLB definition of "highly qualified" applied to science teachers at the middle/secondary level. The letter contains the following information that is fully consistent with existing guidance in New York State. No changes to New York State guidance are needed. "The new policy allows States to rely on their own teacher certification requirements for science to determine areas in which teachers must have subject matter knowledge in order to be considered "highly qualified" under NCLB. For example, if a State currently requires individual certification for teaching biology, chemistry, and physics, the State should require a teacher to demonstrate competency in each field of science. On the other hand, if a State currently certifies high school teachers in the general field of science, a State may require these teachers to demonstrate competency through a "generalist" science test, general science major, or, for experienced teachers, a general science HOUSSE. In the same manner, if a State certifies science teachers in other configurations such as "physical sciences," which combines the fields of physics and chemistry, the State may require teachers to demonstrate competency through a physical science major, or a single HOUSSE or assessment that covers both physics and chemistry."
NEW ITEMS
D8.	What definition of "highly qualified" applies to a teacher of students with disabilities in a special class? Some students with disabilities receive specially designed instruction in core academic subjects in "special classes." A "special class" is a class consisting of students with disabilities who have been grouped together because of similar individual needs for the purpose of receiving specially designed instruction. A "special class" may be located in a general education classroom or be provided in a self-contained setting. The NCLB definition that applies to the teacher of a "special class" depends on the level of the instructional content of the class. The teacher of a "special class" with no instructional content at the level of grades K through 12 in a core academic subject is not subject to the NCLB in New York State and is not required to meet the NCLB definition of "highly qualified," although the teacher must meet the State’s certification requirements. NCLB NYS Field Memo #06-2003 provides further information about the NCLB and pre-K instruction in New York State. The principles used in that field memo apply to teachers providing instruction below the level of Kindergarten to students with severe cognitive difficulties. SED recommends, but does not require, that a teacher of a "special class" with no instruction in core academic subjects at the level of grades K-12 meet the NCLB definition of "highly qualified" for "elementary" teachers so that the teacher can teach core academic subjects at the level of grades K through 6 as needed in other special classes or in other teaching assignments. The teacher of a "special class" with instructional content at the level of grades K through 6 in one or more core academic subjects must meet the "elementary" definition of "highly qualified." The teacher of a "special class" with instructional content in one or more core academic subjects at the level of grades 7 through 12 must meet the "middle/secondary" definition of "highly qualified" for each core academic subject the teacher teaches. That definition requires the teacher to demonstrate subject matter competency in each core academic subject being taught using one of the methods required by the NCLB. When a "special class" covers core academic subjects at the instructional levels of both K-6 and 7-12, the teacher(s) must meet all applicable definitions of "highly qualified." For each core subject at an instructional level of grades 7-12, the teacher(s) must demonstrate subject matter competency with using the "middle/secondary" definition of "highly qualified." NOTE ABOUT TEACHERS OF A "SPECIAL CLASS" WITH MULTIPLE CORE ACADEMIC SUBJECTS AT THE INSTRUCTIONAL LEVEL OF GRADES 7-12. A school may consider a number of options to ensure that teachers with NCLB subject matter competency provide instruction in a "special class" covering multiple core academic subjects at the instructional level of grades 7-12. At this time, options include, but are not limited to, the following. Other options – such as a collaborative teaching model for special education teachers serving as teachers of record for multiple core academic subjects in a self-contained "special class" – may become available when the Individuals with Disabilities Education Act (IDEA) is reauthorized. The "special class" may be taught by a single teacher who is certified to teach students with disabilities and has demonstrated subject matter competency using the "middle/secondary" definition of "highly qualified" in all the core academic subjects the teacher teaches. The "special class" may be taught by multiple teachers certified to teach students with disabilities, each of whom demonstrates subject matter competency using the "middle/secondary" definition of "highly qualified" in all the core academic subjects that the teacher teaches. The "special class" may be co-taught by a teacher who is certified to teach students with disabilities and one or more teachers who are certified to teach general education and "highly qualified" in the core academic subjects they teach.
D9.	When a Career and Technical Education (CTE) teacher uses the Collaborative Teaching Model, how do the NCLB’s parents’ right to know and reporting requirements apply? When a CTE teacher uses the Collaborative Teaching Model to teach a core academic subject, that CTE teacher is no longer subject to the NCLB because the teacher is not responsible for instruction in the core academic subject. The collaborating teacher, who is "highly qualified" in the core academic subject, is responsible for the instruction in the core academic subject. Because the CTE teacher who is using the Collaborative Teaching Model is not subject to the NCLB, the NCLB’s parents’ right to know provisions do not apply to that teacher and the teacher’s teaching assignments covered by the Collaborative Teaching Model should be reported as "not core" on Basic Educational Data System (BEDS) reports.

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