The attached Fact Sheet is a revision to the Fact Sheet issued on June 2, 2003. This revision changes one policy in response to consultation with the USDOE and the field. It adds pre-kindergarten (pre-K) teachers to the definition of elementary schools teachers of core academic subjects that are subject to the NCLB. This policy change is reflected in Items A4 and A7 only.

This fact sheet is the New York State Education Department’s (SED’s) interpretation of Title I, Part A of the No Child Left Behind Act of 2001 for New York State. The interpretation is based on laws, regulations, guidance and technical assistance available at the time of its publication. It is subject to change in response to additional information.

This fact sheet contains the following parts:

Part A "Highly Qualified" Teachers
Part B "Qualified" Title I Paraprofessionals
Part C Accountability System for Teachers and Title I Paraprofessionals
Part D Charter Schools and Non-public Schools
Part E Parents Right to Know
Part F Links to Further Information

A1. The NCLB requires all public school teachers of core academic subjects to be both:

• certified by New York State for each teaching assignment (with the exception for certain charter school teachers discussed in Item D1); and
• "highly qualified" as defined by the NCLB by the deadlines in the NCLB.

A2. Public schools whose teachers are subject to the NCLB include: schools in school districts, BOCES, charter schools and the State schools at Batavia and Rome.

A3. Core academic subjects for the NCLB are: English; reading; language arts; mathematics; science; history; geography; economics; civics and government; foreign languages; and the arts, including art, dance, music, public speaking, theater, drama.

A4. The NCLB applies to all classes covering core academic subjects, including, but not limited to:

• common branch classes in grades pre-Kindergarten (pre-K) through 6;
• core subject classes in grades 7 through 12;
• the arts, foreign language and reading in grades pre-K through 12;
• Career and Technical Education (CTE) classes that students may use for academic credit in core subjects;
• classes in core subjects taught as "incidental teaching" as permitted by section 80-5.3 of the Commissioner’s Regulations;
• classes in core subjects taught in languages other than English;
• special education classes with pre-K through 12 instructional content in core subjects;
• classes of core subjects in alternative education programs.

A5. There are two deadlines for teachers to be "highly qualified."

• Teachers of core academic subjects hired after the first day of class in school year 2002-2003 and "supported by Title I, Part A funds" must be "highly qualified" when hired.
• All other teachers of core academic subjects, regardless of whether their local education agency (LEA) receives Title I funds, must be "highly qualified" by the end of school year 2005-2006, because New York State receives Title I, Part A funds.

A6. A teacher "supported by Title I, Part A funds" is employed by a local educational agency (LEA) receiving Title I, Part A funds and:

• works in a "targeted assistance school" and is paid with Title I, Part A funds; or
• works in a "schoolwide program school"; or
• provides services to eligible private school students.

NOTE: Teachers of core academic subjects employed by a BOCES or a State school are not employed by an LEA receiving Title I, Part A funds. Therefore, such teachers do not need to be "highly qualified" until the end of school year 2005-2006.

A7. The definition of "highly qualified" depends on a teacher’s teaching assignments and "newness" to the profession of teaching.

• Teaching assignments are either:

1. elementary, defined as grades pre-K through 6 common branch and special education that covers core subjects at the instructional level of grades pre-K through 6; or
2. middle and secondary, defined as grades 7-12 and teachers of arts, foreign languages and reading at all grade levels.

• "Newness" to the profession of teaching is either:

1. new to the profession, defined as the first year following the effective date of a teacher’s first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1); or
2. not new to the profession, defined as after the first year following the effective date of a teacher’s first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1).

The first year of a teacher’s first certification ends on the first anniversary of the effective date of a teacher’s first ever teaching credential (other than a temporary license).

Please refer to Item D2 for definitions of "new" and "not new" to the profession for teachers in charter schools who are not certified as permitted by Education Law § 2854(3)(a-1).

A8. Elementary school teachers who are new to the profession (in the first year of their first certification) are "highly qualified" if they:

A9. Elementary school teachers who are not new to the profession (beyond the first year of their first certification) are "highly qualified" if they meet the qualifications in A8 but they have two additional options for demonstrating their subject knowledge and teaching skills:

• other tests accepted by SED when their certificates were issued; or
• the high objective uniform State standard of evaluation (HOUSSE), defined in A12.

A10. Middle and secondary school teachers who are new to the profession (in the first year of their first certification) are "highly qualified" if they:

A11. Middle and secondary school teachers who are not new to the profession (beyond the first year of their first certification) are "highly qualified" if they meet the qualifications in A10 but they have two additional options for demonstrating their subject matter competency:

• other tests accepted by SED when their certificates were issued; or
• the high objective uniform State standard of evaluation (HOUSSE), defined in A12.

B1. A Title I paraprofessional is an individual who (1) has instructional support duties and (2) works in a program supported with Title I, Part A funds, as defined in B3.

B2. The NCLB adds a new requirement for individuals providing instructional support in New York State’s public schools. When such individuals are Title I paraprofessionals, as defined in B1, they must meet both State and federal requirements. They must be:

• State certified teaching assistants (or meet applicable New York City requirements for comparable positions); and
• "qualified," as defined by the NCLB by the deadlines in the NCLB.

An individual’s job title, which is determined by an employer, is not relevant for determining whether an individual is subject to either the State’s or the NCLB’s requirements. If an individual’s job duties include providing instructional support, the individual is serving as a "teaching assistant" (or in a comparable position in New York City) and must be certified (or meet applicable New York City requirements), unless the charter school exception discussed in D1 applies. If an individual’s job duties include providing instructional support and the individual is "working in a program supported with Title I funds," the individual is a Title I paraprofessional and must meet both State (or New York City) and NCLB requirements.

B3. A paraprofessional "working in a program supported by Title I, Part A funds" is defined as an employee of a local educational agency (LEA) receiving Title I, Part A funds who:

• works in a "targeted assistance school" and is paid with Title I, Part A funds; or
• works in a "schoolwide program school"; or
• provides 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, so paraprofessionals employed by BOCES and State schools are not subject to the NCLB.

B4. The NCLB permits Title I paraprofessionals to perform the following duties:

• 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;
• assisting in classroom management;
• assisting in computer instruction;
• providing instructional support in a library or media center;
• conducting parent involvement activities; or
• acting as a translator.

B5. The NCLB requires all Title I paraprofessionals to perform their duties under the direct supervision of a "highly qualified" teacher. This means:

• the teacher must plan instructional activities that the paraprofessional carries out;
• the teacher must evaluate the achievement of the students with whom the paraprofessional is working; and
• the paraprofessional must work in close and frequent physical proximity to the teacher.

B6. There are two deadlines for Title I paraprofessionals to be "qualified."

• Individuals hired after January 8, 2002 must be "qualified" when hired.
• Individuals hired on or before January 8, 2002 must be "qualified" by January 8, 2006.

NOTE: BOCES and State schools are not LEAs receiving Title I, Part A funds, so paraprofessionals employed by BOCES and State schools are not subject to the NCLB at any time, regardless of where they provide services.

B7. A "qualified" Title l paraprofessional has a high school diploma or a recognized equivalent when hired and meets one of the following (unless covered by an exception):

• has at least two years of college; or
• has an associate’s or higher degree; or
• passed a formal State or local academic assessment.

EXCEPTIONS. Title I paraprofessionals need only have a high school diploma or a recognized equivalent to be "qualified" 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.

B8. The two educational options for being a "qualified" Title I paraprofessional are:

• two years of study (48 semester hours) at a public college or university (e.g., SUNY, CUNY) or an independent college or university; or
• an associate’s or higher degree.

B9. The assessment option for being a "qualified" Title I paraprofessional in New York State is either (1) the State assessment or (2) a local assessment that is selected or developed by an LEA and that meets the NCLB’s statutory and regulatory requirements for addressing 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.

B11. An LEA may use an assessment developed commercially for NCLB Title I paraprofessionals. Possible options include:

B12. An LEA may use a locally developed assessment for Title I paraprofessionals provided that the LEA provides assurances that each assessment it uses addresses the knowledge and ability required by the NCLB, described in B9. Locally developed assessments may be in any format, including:

• written assessments;
• tenure reviews;
• performance reviews; or
• combinations of the above; or
• other types of assessments.

B13. Under New York State policy, teaching assistants who are State-certified and have achieved tenure in a review conducted in accordance with Education Law sections 2509(2), 3012(2) or 2573 have met the NCLB’s criteria for the assessment option as described in Item B9.

B14. Local performance reviews or other local evaluative processes can be used to satisfy the NCLB’s assessment option provided that the superintendent of the local educational agency assures that the performance review or evaluative process meets the NCLB’s criteria for the assessment option as described in Item B9. Performance reviews conducted at any time, even before the NCLB was enacted, can be used.

B15. SED recommends that NCLB local assessments for Title I paraprofessionals be:

• documented;
• signed and dated by the test taker and evaluator, as applicable;
• consistently used for all candidates in the same school year; and
• retained in LEA records for no less than six years from the end of the last school year in which the individual is employed.

C1. Each LEA receiving Title I, Part A funds must provide attestations that it is in compliance with the NCLB’s requirements for teachers and Title I paraprofessionals.

• The principal of each school receiving Title I funds must attest annually, in writing, as to whether the school is in compliance.
• Copies of the attestation must be maintained in the district office /and the school and made available upon request to the public.

C2. Each LEA receiving Title I, Part A funds must have a plan to ensure that:

• all public school teachers of core academic subjects, including teachers employed by the LEA to provide services to eligible private school students, are "highly qualified" no later than the end of school year 2005-2006; and
• all public school teachers of core academic subjects are receiving high quality professional development, as defined in section 9101(34) of the NCLB, to enable them to become "highly qualified" and effective classroom teachers; and
• through incentives for voluntary transfers, professional development, recruitment programs, 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.

Each LEA and each school receiving Title I, Part A funds must annually increase the percentage of teachers of core academic subjects that are (1) "highly qualified" for the classes they teach and (2) receiving high quality professional development. The annual increase is each LEA’s and each school’s annual measurable objective (AMO) until the goal of 100 percent is reached. .

C3. An LEA receiving Title I, Part A funds must use such funds for professional development activities to ensure that teachers and Title I paraprofessionals meet the NCLB’s requirements.

• For each of fiscal years 2002 and 2003, an LEA must use not less than 5 percent or more than 10 percent of its Title I, Part A, Subpart A funds for professional development, except as noted below.
• For each fiscal year after 2003, an LEA must use not less than 5 percent of its Title I, Part A, Subpart A funds for professional development, except as noted below.
• An LEA is not required to spend the percentages shown above for a given fiscal year if a lesser amount is sufficient to ensure that the LEA’s teachers and Title I paraprofessionals meet the NCLB’s requirements.
• An LEA may use additional Title I, Part A, Subpart A funds to support ongoing training and professional development to assist teachers and Title I paraprofessionals.

LEAs may also use other NCLB funds, or other funds, to provide professional development to teachers and Title I paraprofessionals.

C4. Annual public reports must show:

• the percent of teachers of core academic subjects that are "highly qualified";
• the percent of classes in core academic subjects being taught by teachers that are "highly qualified" to teach the classes; and
• the percent of teachers of core academic subjects receiving high quality professional development; and
• the percent of Title I paraprofessionals that are "qualified".

SED plans to enhance its existing reporting systems to satisfy the NCLB’s reporting requirements. LEAs should maintain records on the qualifications and professional development of teachers and the qualifications of Title I paraprofessionals for no less than six years from the end of the last school year in which the individual was employed.

C5. SED must monitor the progress of each school and LEA receiving Title I, Part A funds in meeting its annual measurable objectives. SED must:

• identify LEAs and schools that are not meeting their AMOs; and
• take required actions (e.g., improvement plans, professional development strategies, constraints on hiring of new Title I paraprofessionals).

SED requires all LEAs receiving Title I, Part A funds to increase all the percentages in C4.

C6. LEAs failing to meet both AMOs for staff and annual yearly progress (AYP) for student achievement for three consecutive years must:

• develop a plan for meeting their AMOs; and
• no longer use Title I funds to hire new paraprofessionals for Title I programs unless certain conditions are met.

C7. 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)]

D1. The NCLB applies to individuals employed by charter schools.

• Charter school teachers must be certified to the extent required by section 2854(3)(a-1) of Education Law, which provides that all charter school teachers must be certified, except that up to thirty percent of a charter school’s teaching staff, or five teachers, whichever is less, are not required to be certified it they meet one of the following criteria: (1) at least three years of elementary, middle or secondary classroom teaching experience; (2) tenured or tenure track college faculty; (3) two years of satisfactory experience through the Teach for America program; or (4) exceptional business, professional, artistic, athletic, or military experience ("the thirty/five exception").
• All charter school teachers who teach core academic subjects, including those teachers retained in accordance with the "thirty/five exception," must also meet the remaining requirements for a "highly qualified" teacher applicable to other public schools. Thus, they must: (1) have at least a bachelor’s degree; and (2) meet the applicable subject matter competency requirements described in Items A8 through A11.
• The NCLB’s requirements for paraprofessionals apply to charter schools that receive Title I, Part A funds to the same extent as other public schools.

D2. "Newness" to the profession of teaching is "new" or "not new" to the profession.

• New to the profession is defined as the first year following the effective date of a teacher’s first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1), for whom new to the profession is the first year following the date upon which the teacher meets the applicable qualification in Education Law § 2854(3)(a-1), as determined by the charter school.
• Not new to the profession is defined as after the first year following the effective date of a teacher’s first teaching certificate, except with respect to charter school teachers who are not certified as permitted by Education Law § 2854(3)(a-1), for whom not new to the profession is after the first year following the date upon which the teacher meets the applicable qualification in Education Law § 2854(3)(a-1) as determined by the charter school.

D3. The NCLB’s requirements for teachers and Title I paraprofessionals do not apply to individuals employed by non-public schools.

E1. At the beginning of each school year, starting in fall 2002, LEAs receiving Title I funds must notify parents of students attending schools receiving Title I funds that the parents have a right to information about the professional qualifications of their child’s classroom teachers. Information must be provided whether or not teachers are employed directly by the LEA or under contract with another entity, such as a BOCES. Information must address:

• whether the teacher has State certification for the classes being taught; and
• the teacher’s bachelor’s degree major and any other certifications or degrees by field or discipline; and
• whether the child is provided services by paraprofessionals and, if so, their qualifications.

Notices may be in any format, including newsletters that go to every parent, and must be clear and in languages parents can understand.

E2. Each school receiving Title I, Part A funds must provide to each individual parent the following information:

• child’s performance on State academic assessments; and
• 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. LEAs must provide notice that 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 the end of school year 2005-2006.

F1. Further information about the NCLB’s requirements in New York State can be found at the Internet sites shown below.

F2. Further information about the State’s requirements for teachers and school support personnel (also called paraprofessionals) is on the Internet at the following sites.

STATE CERTIFICATION OF TEACHERS AND TEACHING ASSISTANTS

STATE TEST FOR TEACHING ASSISTANTS

ANNUAL PROFESSIONAL PERFORMANCE REVIEWS