Highlights of the NCLB’s Requirements for Teachers and Paraprofessionals

1. Highlights of the NCLB’s Requirements for Teachers and Paraprofessionals NYS Education Department’s (SED) Implementation of the No Child Left Behind Act of 2001 Update September 2004 09/13/04

2. SED’s implementation of the NCLB’s 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 NCLB’s requirements. • Align NCLB with State requirements when possible. • Give LEAs discretion when possible. • Use USDOE’s “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. NCLB’s 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 applieswhen 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 bachelor’s 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 newelementary 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 State’s high objective uniform State standard of evaluation (HOUSSE).

20. Definition of “highly qualified” new middle/secondary teacher FIRST YEAR OF FIRST CERTIFICATION 1. Has bachelor’s 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 bachelor’s degrees “highly qualified?” • No. They must have a bachelor’s 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 bachelor’s 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 NCLB’s • 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 Commissioner’s Regulations http://www.highered.nysed.gov/tcert/part80.htm#5.

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 child’s parent(s) must be notified. (See PART 5.) • Long-term substitutes must meet State requirements in Part 80-5.4 of the Commissioner’s Regulations. http://unix32.nysed.gov:9220/tcert/part80.htm#5.4

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 associate’s 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 ASSOCIATE’S DEGREE OPTION • an associate’s or higher degree

42. What is the assessment option? NCLB’S 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/atas.htm • Questions? • HEATAS@mail.nysed.gov

45. Local assessment option • FOR NCLB ONLY • Existing teaching assistants meet the NCLB’s • 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 LEA’s superintendent must assure that the LEA’s • local assessment meets the NCLB’s 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 employee’s last year of employment

48. PART 3 NCLB PLANS, REPORTING AND ACCOUNTABILITY Teachers 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.