The new NCLB statute has greatly strengthened parents’ right-to-know and to be informed on several topics, including the following:

• professional qualifications of their child’s teachers,

• achievement level of their child in each of the state’s academic assessments; and

• timely notice that their child has been assigned to or has been taught for four or more consecutive weeks by a teacher who is not highly qualified as defined by NCLB.

In addition to these areas, parents must be included in the planning processes for

(1) Title I, Part A Schoolwide and Targeted Assistance programs,

(2) the LEA’s and campus’ written parent involvement policies, and

(3) school-parent compacts.

LEAs that have Title I, Part A campuses identified for School Improvement must also provide parents with an explanation of what the identification means, why the campus was so identified, what the campus and LEA are doing to address the problem of low achievement and what the parents’ options are related to school choice and transportation, and, if applicable, Supplemental Educational Services.

The current TAAS/TAKS Confidential Student Report meets the requirement to notify parents of the achievement level of their child in each of the state’s academic assessments.

What information must the LEA notify parents is available upon request?

At the beginning of each school year, an LEA receiving Title I, Part A funds must notify the parents of each student attending any Title I, Part A campus that the LEA will provide the parents in a timely manner upon request by the parent, information regarding the professional qualifications of the student’s classroom teachers.

What specific teacher qualifications are to be provided upon request?

At a minimum, the following qualifications of the student’s classroom teachers must be provided:

• Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

• Whether the teacher is teaching under emergency or other provisional status through which state qualifications or licensing criteria have been waived.

• The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.

Is the LEA required to notify parents of any paraprofessional’s qualifications?

The LEA is required to notify the parents, that the parent has the right to request information concerning whether their child is provided services by paraprofessionals, and, if so, their qualifications.

How does the federal requirement for parent notification impact the state requirement for parent notification?

There are three types of parental notification requirements related to teacher qualifications.

Type 1:

At the beginning of each school year, an LEA receiving Title I, Part A funds must notify the parents of each student attending any Title I, Part A campus that the LEA will provide to the parents on request (and in a timely manner), information regarding the professional qualifications of the students' classroom teachers, including at a minimum, the following information:

• Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.

• Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.

• The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.

• Whether the child is provided services by paraprofessionals and, if so, their qualifications.

The notice and information provided to parents must be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

Type 2:

Any campus that receives Title I, Part A funds must provide to each individual parent timely notice in the event that the parent’s child has been assigned, or has been taught for four or more consecutive weeks by a teacher who is currently required to meet the “highly qualified” requirements but who is not yet “highly qualified” (i.e. teachers who were hired after the first day of instruction of the 2002-2003 school year to teach a core academic subject in a Title I program). The notice and information provided to parents must be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

Type 3:

This parent notification required under the Texas Education Code §21.057 is very different from the notification related to “highly qualified7’ teachers. However, state legislation eliminated the need for duplicate notifications concerning the same teacher. If the teacher falls under the NCLB requirements (i.e., is teaching in a Title I program), the state notification requirements under TEC §21.057 do not apply. However, for teachers at non-Title I campuses and for teachers at Title I targeted assistance campuses who are not paid with Title I funds, the state notification requirements under TEC §21.057 DO apply (except that TEC §21.057 does not apply to charter schools). The text of TEC §21.057 is provided below.

TEC 21.O57 Parental Notification

[NOTE: This notification is only for teachers who are not covered by the parental notification requirements related to “highly qualified” teachers under NCLB. This section of TEC does NOT apply to charter schools.]

(a) A school district that assigns an inappropriately certified or uncertified teacher to the same classroom for more than 30 consecutive instructional days during the same school year shall provide written notice of the assignment to a parent or guardian of each student in that classroom.

(b) The superintendent of the school district shall provide the notice required by Subsection (a) not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher.

(c) The school district shall:

(1) make a good-faith effort to ensure that the notice required by this section is provided in a bilingual form to any parent or guardian whose primary language is not English;

(2) retain a copy of any notice provided under this section; and

(3) make information relating to teacher certification available to the public on request.

(d) For purposes of this section, “inappropriately certified or uncertified teacher”:

(1) includes:

(A) an individual serving on an emergency certificate issued under Section 21.04 1(b)(2) or

(B) an individual who does not hold any certificate or permit issued under this chapter and is not employed as specified by Subdivision (2)(E); and

(2) does not include an individual:

(A) who is a certified teacher assigned to teach a class or classes outside his or her area of certification, as determined by rules proposed by the board in specifying the certificate required for each assignment;

(B) serving on a certificate issued due to a hearing impairment under Section 21.048;

(C) serving on a certificate issued pursuant to enrollment in an approved alternative certification program under Section 21.049;

(D) certified by another state or country and serving on a certificate issued under Section 21.052;

(E) serving on a school district teaching permit issued under Section 21.055; or

(F) employed under a waiver granted by the commissioner pursuant to Section 7.056.

(e) This section does not apply if a school is required in accordance with Section 111 1(h)(6)(B)(ii), No Child Left Behind Act of 2001 (20 U.S.C. Section 6311), and its subsequent amendments, to provide notice to a parent or guardian regarding a teacher who is not highly qualified, provided the school provides notice as required by that Act.

What qualifications must public school teachers meet under NCLB?

NCLB requires all teachers hired after the first day of instruction for the 2002-2003 school year to teach in a Title I, Part A program to be highly qualified, according to the definition, above.

NCLB requires all existing teachers to become highly qualified, according to the definition above, no later than the 2005-2006 school year. For more information, please see related story.

What qualifications must teachers who teach in Charter Schools meet?

A Charter School teacher must meet the following qualifications in order to be considered "highly qualified" under NCLB.

• Bachelor's Degree (or higher), and has

• Demonstrated Competency—

   

  • For a new teacher at the elementary level, "competency" is shown by passing a subject area test in reading, writing, and math.
    
  • For a new teacher at the secondary level, "competency" is shown by passing an academic subject test or coursework (college major or higher)
    
  • For an existing teacher at the elementary or secondary level, competency may be shown by meeting the standards for a new teacher, or as defined by the state.

What funds are available to assist teachers in meeting these new teacher quality requirements?

The major formula program fund sources that may be used by LEAs include, but are not limited to—

• Title I, Part A statute requires the LEA to reserve not less than 5%, unless a lesser amount is needed, for assisting teachers to meet the highly qualified definition.

• Title II, Part A funds may be used for recruiting, hiring, and retaining highly qualified teachers, principals, and core academic specialists. Title II, Part A funds may also be used for teacher professional development or assisting teachers to meet the teacher quality requirements under section 1119.

• Title V, Part A

What if all or most of the LEA’s teachers already meet the definition of highly qualified, is the district still required to reserve the full amount?

If all teachers and paraprofessionals meet the qualifications in section 1119, funds do not need to be reserved.

If an LEA has teachers or paraprofessionals who do not meet the qualifications in section 1119, the LEA must reserve the 5% required by statute, unless a lesser amount is needed, to provide professional development activities to ensure teachers are “highly qualified” as defined by NCLB and paraprofessionals meet the qualifications required by statute. These professional development activities are to be designed to meet the identified needs of individual teachers and paraprofessionals for meeting the requirements of Section 1119. Other professional development activities may be paid from Title I, Part A funds but are not included in the 5% reserved for meeting the requirements of section 1119.

Can additional Title I, Part A funds be used for meeting the requirements of section 1119 if needed?

After the LEA has reserved 5% for districtwide activities for teachers and paraprofessionals to meet the qualifications in section 1119, a campus may use additional funds if needed to assist the teachers and paraprofessionals on the campus to meet the section 1119 requirements.