Highlights of the NCLBs Requirements for Teachers and Paraprofessionals

1
Highlights of the NCLBs Requirements for
Teachers and Paraprofessionals

• NYS Education Departments (SED)
• Implementation of
• the No Child Left Behind Act of 2001
• Update
• September 2004

09/13/04
2
SEDs implementation of the NCLBs requirements
for teachers and paraprofessionals is based on
available information and is subject to change in
response to future Federal regulations and
guidance and consultation with the field.
3
Guiding principles

• Impose no mandates beyond NCLBs
• requirements.
• Align NCLB with State requirements when
• possible.
• Give LEAs discretion when possible.
• Use USDOEs best interpretations
• of law and regulations.
• Consult with the field.

4
SED Guidance Field Memos
CLASSICS 2003-03 Title I Paraprofessionals (Mar
2004 Addendum) 2003-04 CTE Teachers 2003-05
HOUSSE (Revised Jan 2004, Aug 2004 Addendum)
2003-06 Pre-K Teachers 2003-09 Teachers (Aug
2004 Addendum) 2003-10 Update on Title I
Paraprofessionals 2004-02 Updated Fact Sheet
(for 2004-05 applications) NEW RELEASES 2004-03
BEDS Personnel Data Forms for Teachers 2004-04
Eligible Rural LEAs http//www.highered.nysed.gov
/nclbhome.htm
5
PART 1
PUBLIC SCHOOL TEACHERS OF CORE ACADEMIC SUBJECTS
must meet two standards
1. State certified for teaching
assignment and 2. highly qualified under NCLB
NLCB applies only to instruction in core
academic subjects at the level of K-12 in New
York State.
6
NCLBs core academic subjects (K-12)

• English
• Reading
• Language arts
• Mathematics
• Science
• History
• Geography
• Economics
• Civics and government
• Foreign languages
• The arts art, dance, music, theater
• (including public speaking), drama

7
Examples of classes in core academic subjects
(K-12)

• common branch classes in grades K - 6
• classes in core academic subjects in grades 7 -
  12
• classes in special subjects (the arts, foreign
  language
• reading) in grades K - 12
• classes in Career and Technical Education (CTE)
  that
• students may use for academic credit in core
  subjects
• classes in core subjects taught as incidental
• teaching (under 8 NYCRR 80-5.3)

8
More examples of classes in core academic
subjects (K-12)

• classes in core subjects taught in languages
• other than English
• ESL classes that are used for credit in English
• Special education classes with K - 12
  instructional
• content in core subjects
• classes in core subjects taught in
• alternative education programs leading
• to a credit-based diploma

9
Does the NCLB apply to supplemental instruction?

• USDOE guidance says that the NCLB
• does not apply to supplemental educational
  services
• designed to increase academic achievement or
  
• academic enrichment, such as SES, AIS
  gifted and
• talent programs, tutoring, homework
  assistance but
• does apply to extended learning time programs
• in core academic subjects provided by the
  regular
• school staff (e.g., summer school).
• LEAs may determine whether a particular
• program involves supplemental services or
• Is part of an extended learning time program.

10
When does the NCLB apply to special education
teachers?

• It applies when a special education teacher
  provides direct instruction at the level of K-12
  to a student as the teacher of record for a core
  academic subject.
• It does not apply when a special education
  teacher
• does not provide direct instruction in core
  subjects
• at the level of K-12 as the teacher of record
  or
• provides consultation in adapting curricula,
• using behavioral supports and interventions
  and
• selecting appropriate accommodations or
• assists students with study skills or
• organizational skills and reinforces
  instruction
• delivered by a highly qualified
• teacher (e.g., resource room)

11
When must public school teachers of core academic
subjects be highly qualified?
Who Hired after 1st day of school in
2002-2003 and supported by Title I, Part A
funds When When hired Who All other
public school teachers of core
academic subjects at the level
of K-12 When By end of school year
2005-2006 NOTE Extended deadlines may apply
in eligible rural LEAs.
12
A teacher supported by Title I, Part A funds is

• employed by an LEA receiving Title I, Part A
  funds
• and is
• in a targeted assistance school and paid with
  Title
• I, Part A funds or
• in a schoolwide program school or
• employed by an LEA with Title I funds to provide
• services to eligible private school students.

NOTE BOCES and State schools are not LEAs
receiving Title I funds.
13
Extended deadlines for some teachers in
eligible rural LEAs
For Teachers who are highly qualified for one
core academic subject but who teach multiple core
academic subjects at the level of grades
K-12 Who Hired on or after March 31, 2004
Extended deadline 3 years from date of
hire Who Hired before March 31, 2004 Extend
deadline End of school year 2006-2007 Extended
deadlines make these teachers eligible for the
HOUSSE.
14
Conditions for using extended deadlines

• To use extended deadlines for teachers of
  multiple core academic subjects eligible rural
  LEAs must
• ensure that the teachers are highly qualified
  in at
• least one core academic subject they teach
• provide high-quality professional development
  that
• increases teachers content knowledge in the
• additional subjects they teach and
• provide mentoring or a program of intensive
• support that consists of structured guidance
  and
• regular, ongoing support so that teachers
  become
• highly qualified in the additional core
  academic
• subjects they teach.

15
Definition of an eligible rural LEA

• An eligible rural LEA is an LEA, charter
  school, BOCES CVEEB, a Special Act School
  district whose
• total enrollment is below 600
• OR
• (2) schools are all located in a county with
  fewer than 10 people per square mile
• AND
• schools all have a school locale code of 7 or 8
• OR
• (2) schools are all in a state-defined rural
  area.

16
Guidance for eligible rural LEAs

• NCLB NYS Field Memo 04-2004
• lists of eligible rural LEAs
• Notice of Intent Form due to SED
• by October 1, 2004
• http//www.highered.nysed.gov/nclb042004.htm

17
What is the definition of a highly qualified
teacher of a core academic subject?

• Four possible definitions based on
• TEACHING ASSIGNMENTS
• 1. Elementary. General education or special
  education in common branch subjects at the level
  of grades K through 6
• 2. Middle/secondary. General education or
  special education at the level of grades 7 12
  AND the arts, foreign languages and reading at
  all grade levels
• NEWNESS TO THE PROFESSION
• 1. New. During first year of first-ever
  certification
• 2. Not new. After first year of first
  certification

18
Definition of highly qualified new elementary
teacher
FIRST YEAR OF FIRST CERTIFICATION
1. Has bachelors or higher degree and 2. Has
NYS certificate for teaching assignments and 3.
Demonstrates subject knowledge and teaching
skills by passing the LAST and ATS-W
Modified temporary license is not
acceptable. Teachers in approved Alternative
Teacher Certification Programs need not pass
the ATS-W to be highly qualified while in
their program.
19
Definition of highly qualified not new
elementary teacher

• AFTER FIRST YEAR OF FIRST CERTIFICATION
• Same as FIRST YEAR except 3 can also be met by
• passing comparable exams used to qualify for
• NYS, NYC or Buffalo certification or
  licensure or
• meeting New York States high objective
• uniform State standard of evaluation
  (HOUSSE).

20
Definition of highly qualified new
middle/secondary teacher
FIRST YEAR OF FIRST CERTIFICATION

• 1. Has bachelors or higher degree and
• 2. Has NYS certificate for teaching
  assignments and
• 3. Demonstrates subject matter competency for
  all core subjects taught with one of the
  following

• NYSTCE Content Specialty Test in subjects
• Undergraduate major or equivalent
• coursework (30 credits) in subjects
• Permanent certificate in subjects
• Graduate degree in subjects

Modified temporary license is not acceptable.
21
Definition of highly qualified not new
middle/secondary teacher

• AFTER FIRST YEAR OF FIRST CERTIFICATION
• Same as FIRST YEAR except 3 can
• also be met by
• passing comparable exams used to qualify
• for NYS certification or
• meeting New York State s high objective
• uniform State standard of evaluation
• (HOUSSE).

22
What is the HOUSSE in NYS?

• An evaluation conducted locally after 8/1/03 as
  part of
• a pre-employment review or
• an Annual Professional Performance Review
• that enables teachers beyond the first year
• of their first certification to demonstrate that
  they
• have subject matter competency in each core
• academic subject they teach based on objective,
• coherent information acceptable to the
• Commissioner.
• NCLB NYS Field Memo 05-2003

23
What coherent, objective information is
acceptable to the Commissioner?
Appendix D of NCLB NYS Field Memo 05-2003
Part 1 Rubric for elementary
teachers Part 2 Rubric
for middle and secondary
teachers Part 3 Definitions for
rubrics Rubrics enable teachers to earn 100
points based on education, credentials,
professional experience and professional
development. (500 possible points)
24
Are certified CTE teachers without bachelors
degrees highly qualified?

• No. They must have a bachelors degree to be
  highly qualified.
• If they teach a CTE course subject to the NCLB,
• they must collaboratively plan and deliver the
  course with a teacher who is highly qualified
  for the core subject being taught.
• COLLABORATIVE TEACHING MODEL
• NCLB NYS Field Memo 04-2003

25
Are certified CTE teachers with bachelors
degrees highly qualified to teach core
subjects?

• Only if they demonstrate subject matter
  competency in each core subject they teach in one
  of the ways required by the NCLB.
• If they are not highly qualified they must
  collaboratively plan and deliver the course with
  a teacher who is highly qualified for the core
  subject being taught.
• COLLABORATIVE TEACHING MODEL
• NCLB NYS Field Memo 04-2003

26
What definition of highly qualified applies to
special education classes?

• The definition depends on the level of
• the instructional content of the class
• If content is GRADES K 6 elementary
  definition applies.
• If content is GRADES 7 12 middle/secondary
  definition applies.
• NOTE IDEA reauthorization may change the NCLBs
• requirements for special education teachers.
  Under the NCLB,
• if special education teachers provide direct
  instruction as the teacher of record in core
  subjects, they must be highly qualified.
  Consultant teachers who do not directly instruct,
  or who support instruction by the teacher of
  record, are not subject to the NCLB.

27
What definition of highly qualified applies to
alternative education?
Teachers in alternative education programs
leading to credit-based diplomas must use the
same definitions as all other teachers for each
core academic subject they teach.
28
Can a certified teacher be highly qualified for
incidental teaching in a core subject?

• Yes, when
• the incidental teaching is approved by the
• nearest District Superintendent (or the
• Chancellor in NYC) for no more than 5
• classroom hours per week and
• the teacher demonstrates subject matter
• competency in the incidental core academic
• subject as required by the NCLB,
• EXCEPT that incidental teaching does not apply
  to teachers of students with disabilities.
• Section 80-5.3 of the Commissioners Regulations
• http//www.highered.nysed.gov/tcert/part80.htm5.

29
Can a teacher be highly qualified for
out-of-field teaching that exceeds incidental
teaching?

• No. The NCLB requires a teacher to be State
• certified for classes being taught.
• When a teacher teaches an out-of-field class
  that
• exceeds 5 hours per week of approved
  incidental
• teaching the teacher is not certified to
  teach that
• class.
• NOTE Modified temporary licenses are not State
  certificates under the NCLB.

30
Which teachers may use a modified temporary
license?

• Under the NCLB, teachers may hold modified
  temporary licenses only if they
• were hired on or before the first day
• of class in September 2002 or
• are not supported by Title I, Part A
• funds.

31
Does the NCLB apply to substitute teachers?

• The NCLB does not require substitute teachers
• to be highly qualified.
• However, when a substitute teacher who is not
  highly
• qualified teaches a child for 4 consecutive
  weeks or
• more, the childs parent(s) must be notified.
• (See PART 5.)
• Long-term substitutes must meet State
  requirements
• in Part 80-5.4 of the Commissioners
  Regulations.
• http//unix32.nysed.gov9220/tcert/part80.htm5.
  4

32
PART 2
TITLE I PARAPROFESSIONALS

• Two standards
• 1. State certified teaching assistant
• (and/or comparable requirement in NYC)
• and
• 2. qualified under NCLB
• Only applies to Title I, Part A

33
Title I paraprofessionals are

• school support personnel who
• provide instructional support and
• work in a program supported with Title I,
• Part A funds.

State regulations require paraprofessionals
who provide instructional support to be State
certified teaching assistants (and/or meet
comparable requirements in NYC).
34
Paraprofessionals who work in a program
supported by Title I, Part A funds are

• employed by an LEA receiving Title I, Part A
  funds and
• work in a targeted assistance school and are
• paid with Title I, Part A funds or
• work in a schoolwide program school or
• provide instructional support to a public
• school teacher who provides equitable
• services to eligible private school
  students.
• NOTE BOCES and State schools are
• not LEAs receiving Title I, Part A funds.

35
What duties does the NCLB permit Title I
paraprofessionals to perform?

• Providing instructional support services
• One-on-one tutoring for eligible students if the
• tutoring is scheduled at a time when a
  student
• would not otherwise receive instruction
• from a teacher
• 3. Assisting in classroom management
• 4. Assisting in computer instruction
• Providing instructional support
• in a library or media center

36
Duties of Title I paraprofessionals (continued)

• 6. Conducting parental involvement activities
• Acting as a translator

37
Supervision of Title I paraprofessionals

• All duties must be performed under the direct
  supervision of a highly qualified teacher,
  which means
• The teacher plans instructional activities that
  the
• paraprofessional carries out and
• The teacher evaluates the achievement of
  students
• with whom the paraprofessional is working
  and
• The paraprofessional works in close
• and frequent physical proximity
• to the teacher.

38
When must Title I paraprofessionals be
qualified?
Who Hired after January 8, 2002 When When
hired Who All other Title I
paraprofessionals When January 8, 2006
39
A qualified Title I paraprofessional

• 1. Has a high school diploma or a recognized
• equivalent when hired and
• 2. Meets one of the following
• Has at least two years of college
• Has an associates or higher degree
• Passed a formal State or local academic
  assessment
• See exceptions on next slide.

40
Exceptions to the definition of qualified

• Title I paraprofessionals need only have a high
  school diploma or its recognized equivalent if
  their duties consist solely of
• Translating from languages other than
• English to enhance the participation of
• limited English proficient children in
• Title I programs or
• Conducting parental involvement
• activities.

41
What are the educational options?

• TWO YEARS OF STUDY OPTION
• Two years of study (48 semester hours) at
• a public college or university (e.g., SUNY,
  CUNY) or
• an independent college or university
• ASSOCIATES DEGREE OPTION
• an associates or higher degree

42
What is the assessment option?

• NCLBS ESSENTIAL CRITERIA
• The assessment must address knowledge of, and the
  ability to assist in teaching, as appropriate
• reading/language arts, writing and math or
• reading readiness, writing readiness and
• math readiness.

43
Possible assessment options for LEAs

• A State assessment is available but is not
• required for NCLB purposes.
• LEAs may develop or select their own local
• assessments.

44
State assessment option

• May be used for NCLB.
• Must be used for Teaching Assistant Certificate
• after 2/1/04.
• New York State Assessment of
• Teaching Assistant Skills (NYSATAS)
• http//www.highered.nysed.gov/tcert/certificate/at
  as.htm
• Questions?
• HEATAS_at_mail.nysed.gov

45
Local assessment option

• FOR NCLB ONLY
• Existing teaching assistants meet the NCLBs
• local assessment criteria if they
• are State-certified and
• have achieved tenure in a review conducted
• in accordance with Education Law Sections
• 2509(2), 3012(2) or 2573

46
Other local assessment options

• FOR NCLB ONLY
• Formats may be
• written assessments or
• tenure reviews or
• performance reviews or
• other evaluative processes.
• An LEAs superintendent must assure that the
  LEAs
• local assessment meets the NCLBs essential
  criteria.

47
Procedural guidance for LEAs

• Local assessment should be
• documented
• signed and dated by the test taker evaluator,
  if
• applicable
• consistently used for all candidates in the same
• school year
• retained for at least 6 years after end of
  employees
• last year of employment

48
PART 3
NCLB PLANS, REPORTING AND ACCOUNTABILITY Teache
rs and Title I Paraprofessionals
49
District attestations
The principal of each school receiving Title I
funds must attest annually, in writing, as to
whether the school is in compliance with the
NCLB. Copies of the attestation must be
maintained in the district office and school and
made available upon request to the public.
50
Local plans
Each LEA receiving Title I, Part A funds must
have a plan to ensure that all teachers of
core academic subjects (1) are highly
qualified by the end of 2005-2006 (or extended
deadlines for eligible rural LEAs) and (2)
receive high quality professional
development AND through incentives for
voluntary transfers, professional development,
recruitment 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.
51
State plan
SED must have a plan to ensure that
teachers in all LEAs and public schools meet
the NCLBs teacher quality standards by June
2006 (or extended deadlines). USDOE
approval is not required.
52
State plan (continued)

• SEDs plan must establish annual measurable
  objectives
• (AMOs) for each LEA and school that include,
• at a minimum, annual increases in the percentages
  of
• teachers of core academic subjects that are
• highly qualified and
• receivehigh-quality professional
  development.
• SED requires
• annual increases leading to 100
• by June 2006
• (or extended deadlines, as applicable)

53
Required public reporting

• States and LEAs must report on
• the professional qualifications of all
• public school teachers
• the percentage of all public school teachers
• who are certified for their teaching
• assignments

Must be on report cards
54
Required public reporting (continued)
3. the percentage of public school teachers of
core academic subjects that are receiving
high-quality professional development 4. the
percentage of public school classes in core
academic subjects that are taught by teachers
that are highly qualified to teach them
and 5. the percentage of Title I
paraprofessionals that are qualified.
Must be on report cards
55
Required public reporting (continued)

• Each LEA must disseminate report cards to
• all its schools
• parents of its students and
• the public.
• Web publication is not sufficient.

56
Required State monitoring

• SED must
• monitor each LEAs and schools annual
  progress
• towards meeting AMOs
• identify LEAs that are not meeting their
  staffing
• AMOs and take required actions (e.g.,
  improvement
• plans, professional development strategies,
• constraints on hiring of new
  paraprofessionals)
• and
• ensure that 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

57
Required sanctions

• LEAs failing to meet AMOs for staff and annual
  yearly progress (AYP) for student achievement for
  3 consecutive years must
• develop a plan for meeting AMOs and
• no longer use Title I funds to hire new
• paraprofessionals for Title I programs
• unless certain conditions are met.

58
Other possible sanctions
Other sanctions for LEAs that fail to make AYP
may apply to teachers and Title I
paraprofessionals. However, those sanctions
should not 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 Section 1116(d)
59
NCLB-required BEDS report for teachers

• Starting in fall 2003, BEDS Personnel Data Forms
  for Teachers have NCLB items and instructions.
• EACH TEACHER. Did the teacher receive
  high-quality professional development in the
  prior school year? (YES, NO, NOT APPLICABLE)
• EACH TEACHING ASSIGNMENT. Is the teacher highly
  qualified to teach this class? (YES, NO, NOT
  CORE)
• See Personnel Master File (PMF) at
• http//www.emsc.nysed.gov/irts/home.html

60
BEDS Personnel Data Forms for Teachers
TEACHING ASSIGNMENTS NCLB Core Status of
asterisks NCLB Core Status none Not
core Core
May be core (Local information
needed)
RESPONSE OPTIONS Highly Qualified
Status Option Its Meaning Yes
Core Teacher is HQ No Core Teacher is
not HQ Not core Not core subject (HQ not
applicable) NOTE Web-based equivalent forms are
used in NYC.
61
BEDS data definitions HOUSSE

• If a teacher uses the HOUSSE
• to demonstrate subject matter competency,
• the teacher must use the final HOUSSE
• defined in NCLB Field Memo 05-2003.
• Teachers who used the interim HOUSSE
• defined in NCLB NYS Field Memo 01-2002
• prior to Fall 2003 must be re-evaluated using the
• final HOUSSE. The earlier HOUSSE is not
  acceptable after June 2004.

62
NCLB-required report on Title I
Paraprofessionals

• Starting in fall 2003, each school district must
  submit data on Title I Paraprofessionals
• the number of Title I paraprofessionals
  employed
• the number of Title I paraprofessionals
  employed
• who meet NCLB requirements for being
  qualified
• See BEDS Institutional Master File (IMF)
• District Summary at http//www.emsc.nysed.gov/irts
  /home.html

63
Funding for enhancing staff qualifications
The NCLB provides funds to LEAs and partnerships
to support professional development for teachers
and Title I paraprofessionals. At least 5 of
Title I, Part A funds must be spent on
professional development (unless less is
sufficient) to ensure that teachers and Title I
paraprofessionals meet the NCLBs requirements.
Schools in need of improvement must spend
10. LEAs also receive Title II funds for
professional development.
64
PART 4
CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS
65
Charter schools
Public charter schools receiving Title I, Part A
funds must meet the NCLBs requirements for
teachers and Title I paraprofessionals. However,
not all charter school teachers must be certified
to be highly qualified because the NCLB defers
to State charter school laws regarding teacher
certification. To be highly qualified,
charter school teachers of core subjects must, at
least, have a bachelors degree and demonstrate
subject matter competency.
66
Non-Public Schools
The NCLBs requirements do not apply to teachers
and paraprofessionals employed by non-public
schools. NOTE SED requires non-public schools
providing services to children with disabilities
to employ certified teachers.
67
PART 5
PARENTS RIGHT TO KNOW
68
Title I LEA notice to parents
At the beginning of each school year, Title I
LEAs must notify parents of their right to know
about teacher qualifications. Which parents?
Parents of students attending schools receiving
Title I funds. Which teachers? Their
childrens classroom teachers, regardless of
whether they are employed directly by the LEA or
under contract with another entity, such as a
BOCES. When? Starting in fall 2002
69
Title I LEA notice to parents (continued)

• Title I LEA notices must contain information
  about
• certification for classes being taught
• bachelors degree major and
• other certifications or degrees by field.
• Notice may be in any format, including
  newsletters that go to every parent, and must be
  clear and
• in languages parents can understand.

70
Title I school notice to parents
Each school receiving Title I, Part A funds must
provide to each individual parent the following
information

• childs performance on academic assessments
• as appropriate, timely notice that the child has
• been assigned, or has been taught for four or
  more
• consecutive weeks by, a teacher of a core
• academic subject who is not highly qualified

This information must be sent to each parent
individually to protect privacy, and to the
extent practicable, in a language that parents
can understand.
71
Title I school notice to parents (continued)
Schools receiving Title I, Part A funds must give
notice when a child has been assigned, or taught
for four or more consecutive weeks, by a teacher
of a core academic subject who is not highly
qualified even when the NCLB does not require
the teacher to be highly qualified until June
2006 (or extended deadlines).
72
PART 6
INFORMATION RESOURCES
73
Information on NCLB requirements

• TEACHERS AND TITLE I PARAPROFESSIONALS
  http//www.highered.nysed.gov/nclbhome.htm
• GENERAL
• http//www.emsc.nysed.gov/deputy/nclb/nclbhome.htm
  
• ALL QUESTIONS
• Email NCLBNYS_at_mail.nysed.gov

74
Information onNew York State requirements
TEACHER AND TEACHING ASSISTANT CERTIFICATION Email
Tcert_at_mail.nysed.gov Web http//www.highered.
nysed.gov/tcert/ STATE TEST FOR TEACHING
ASSISTANT CERTIFICATION Email
HEATAS_at_mail.nysed.gov Webhttp//www.highered.nys
ed.gov/tcert/certificate/atas.htm
http//www.nysatas.nesinc.com/ ANNUAL
PROFESSIONAL PERFORMANCE REVIEWS Email
Emscgen_at_mail.nysed.gov Web http//www.emsc.nysed.
gov/part100/opener.html