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On Sept. 30, 2002, TEA issued a draft policy guidance for the No Child Left Behind Act that may answer many of the questions concerning the Act. The full text of the guidance is available from the TEA Web site (328 page PDF document). Highlighted below are excerpts from the guidance of particular interest to our members.
How have the new Parental Involvement requirements under Title I, Part A empowered parents?
What information must the LEA notify parents is available upon request?
What specific teacher qualifications are to be provided upon request?
Is the LEA required to notify parents of any paraprofessionals' qualifications?
What qualifications must public school teachers meet under NCLB?
What qualifications must teachers who teach in Charter Schools meet?
What funds are available to assist teachers in meeting these new teacher quality requirements?
Can additional Title I, Part A funds be used for meeting the requirements of section 1119 if needed?
How have the new Parental Involvement requirements under Title I, Part A empowered parents?
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's 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 though 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 paraprofessionals' qualifications?
The LEA is required to notify the parents, upon request, 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?
Title I, Part A requires campuses to notify parents if their child has been assigned or has been taught for four or more consecutive weeks (20 consecutive days) by a teacher who is not highly qualified. State law currently requires school districts to notify parents if an inappropriately certified or uncertified teacher has been assigned to the same classroom for more then 30 consecutive instructional days.
The Title I, Part A, requirement [Section 1111(h)(6)(B)] reads as follows:
". . . A school that receives funds under this part shall provide to each individual parent— . . .
(ii) timely notice that the parent's child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified."
The Texas Education Code §21.057 reads as follows:
"(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 21.041(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."
1) The focus of the state requirement is on the number of days that an uncertified or an inappropriately certified teacher is assigned to a classroom. The focus of the Title I, Part A requirement is on the number of days that a student that has been assigned, or has been taught by a teacher who is not highly qualified.
For example, under state law an uncertified teacher has been assigned to teach U.S. history on the first day of school. If the teacher is assigned to teach that class for 30 consecutive instructional days, the parents of every student in that class must be notified no later than the 30th day, regardless of how many days the individual students have been assigned to the class.
Under NCLB, if students are assigned for more than 20 consecutive days to a Title I, Part A English class that is taught by a teacher that is not "highly qualified," the parents must be notified in a timely manner. The "20 consecutive days" might start at different times for individual students, depending on when they were assig ned to the class.
2) The teachers who are "inappropriately certified or uncertified teachers" under state law are not necessarily the same teachers who do not meet the definition of "highly qualified" under NCLB.
For example, if an LEA has assigned a teacher to teach one class out of field, state law does not require the LEA to contact the parents; however, if the campus is a Title I, Part A campus and the students are taught by the teacher for more than 4 consecutive weeks, the LEA must notify parents that the teacher does not meet the definition of "highly qualified" under NCLB.
3) Notification to parents under state law is not later than the 30th instructional day that an inappropriately certified or uncertified teacher has been assigned to classroom. Notification to parents under Title I, Part A is "in a timely manner" after a student has been assigned or taught for 20 consecutive days by a teacher that is not highly qualified.
Therefore, LEAs must examine all teaching assignments from both perspectives and apply each law independently as the situation warrants.
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% and no more than 10%, 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 5-10% 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 5-10% 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 5-10% 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.
Complete text of the No Child Left Behind Act and related information are available on the U.S. Department of Education Web site.
