No Child Left Behind Issues
Responses to these frequently asked questions are advisory only. Charter schools and charter authorizers are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.
Q.1. What is the No Child Left Behind (NCLB) Act of 2001?
Q.2. What is a highly qualified teacher under NCLB and how does this requirement affect charter school teachers?
Q.3. Which subjects are considered the core academic subjects?
Q.4. What are the deadlines for meeting the highly qualified teacher requirement?
Q.5. How do I become highly qualified if I am a new teacher?
Q.6. How do I become highly qualified if I am an experienced teacher?
Q.7. Which teachers must be highly qualified in special circumstances?
Q.8. Which teachers are not highly qualified according to the NCLB?
Q.9. Does a master’s degree in education count toward demonstrating subject matter competency?
Q.10. What are the reporting requirements associated with meeting the requirements for highly qualified teachers under NCLB?
Q.11. Do teachers assigned to English learners providing core content instruction in charter schools need supplemental certification and authorization to teach English learners?
Q.12. What accountability provisions of NCLB apply to charter schools?
Q.13. What is the High Priority Schools Grant Program (HPSGP)?
Q.14. What is the purpose of the Immediate Intervention/Underperforming Schools Program (IIUSP)?
Q.15. Under NCLB, what does equitable participation by private school students, teachers, and other educational personnel mean?
Q.16. Do charter schools need to provide equitable services to private schools?
Q.17. Do all-charter school districts need to provide equitable programs and services to private schools?
What is the No Child Left Behind (NCLB) Act of 2001?
The No Child Left Behind (NCLB) Act of 2001 reauthorizes the Elementary and Secondary Education Act (ESEA) of 1965 and expands on major reforms, particularly in the areas of state academic standards, assessment, accountability, and school improvement. The largest single program in NCLB is Title I, Part A, which provides school districts and county offices of education, commonly referred to as local educational agencies (LEAs), with additional resources to help improve instruction in high-poverty schools and ensure that poor and minority children have the same opportunity as other children to meet challenging state academic standards. NCLB sets out several key performance goals for states:
- All students will be taught by “highly qualified teachers” by the end of the 2005-06 school year.
- All students will attain “proficiency” in reading and mathematics by 2014, including students with disabilities and English learners.
- All English learners will become proficient in English.
- All students will learn in schools that are safe and drug-free.
- All students will graduate from high school.
NCLB generally applies to all public schools, including public charter schools, although some specific requirements may apply only if the school is receiving funding associated with that requirement. For more information specific to NCLB, please refer to the California Department of Education (CDE) Web site at http://www.cde.ca.gov/nclb/index.asp, and the U.S. Department of Education’s (USDOE) Frequently Asked Questions & Answers located at http://www.ed.gov/parents/schools/choice (Outside Source).
What is a highly qualified teacher under NCLB, and how does this requirement affect charter school teachers?
NCLB requires that all newly hired teachers in schools receiving Title I funding be highly qualified, and that by the end of the 2005-06 school year, every public school teacher must be highly qualified, regardless of whether the school is a Title I school. Under the Act, a highly qualified teacher:
- Has obtained full state certification as a teacher or passed the state teacher licensing examination, holds a license to teach in the state, and does not have certification or licensure requirements waived on an emergency, temporary, or provisional basis.
- Holds a minimum of a bachelor’s degree.
- Has demonstrated subject area competence in each of the academic subjects in which the teacher teaches.
Charter school teachers teaching core academic subjects must meet the NCLB requirements for:
- A bachelor’s degree.
- A state credential or Intern Certificate/Credential for no more than three years.
- Demonstrated core academic subject matter competence.
However, NCLB defers to state charter school law with respect to the teacher credentialing provisions. California law states that teachers in charter schools who teach core and college preparatory courses are required to hold a “credential, certificate, permit, or other document equivalent to that which a teacher in other California public schools would be required to hold.” Further, in California, the definition of “core” for charter schools’ credentialing purposes is established in the school’s charter for courses required for college entrance and by agreement with the charter school’s authorizer. With regard to meeting the other (non-credential) NCLB teacher requirements (a bachelor’s degree and demonstrated core academic subject matter competence), it is the federal definition of “core academic” subjects, not the charter’s definition, which prevails. For example, if a dance course is offered by a charter school as a college-preparatory or core course rather than as an elective, then the teacher of that dance course must meet the NCLB requirements for a bachelor’s degree and subject matter competence, even if the school’s charter and agreement with its authorizer does not consider the dance course as "core" for purposes of the NCLB credentialing requirement.
NCLB defines core academic subjects as English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. Under California law, charter schools and their authorizing LEAs may determine what is a core academic subject in the charter school. This is particularly helpful, as exemplified in the example cited above, in the arts programs. However, if a charter school and its authorizing LEA have NOT identified what will be core and/or college prep for purposes of course offerings in the charter school, it may be assumed that the federal definition of core academic subjects will apply in that school.
For more information on teacher qualifications under NCLB and how they are implemented in California, please refer to the NCLB Teacher Requirements Resource Guide, published by CDE, and available on CDE’s Web site at htpp://www.cde.ca.gov/nclb/sr/tq/index.asp. Charter schools are specifically addressed in the Guide under Section 2.
Which subjects are considered the core academic subjects?
NCLB defines core academic subjects as English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. Charter schools have some flexibility, however, in that they, together with their authorizing LEA, may determine what is a core academic subject in the charter school. Ideally, a school’s charter should identify what is a core or college prep subject in the charter school, but these courses may also be identified in another document. Charter schools are advised to seek written approval from their authorizing LEA for any documents that delineate what is core or college prep that may differ from federal law as a means to ensure there will be no misunderstandings or potential audit exceptions or findings in the future. This information should be made available to parents and students, particularly as it may affect transferability of courses and course credit to other public schools and institutions of higher education.
What are the deadlines for meeting the highly qualified teacher requirement?
Beginning with the 2002-03 school year, teachers of core academic subjects who are newly hired to teach in Title I programs must meet all requirements. By the end of the 2005-06 school year, all teachers of core academic subjects must meet the requirements in every state that receives Title I funds, whether or not the individual school receives Title I funds.
How do I become highly qualified if I am a new teacher?
Those who are considering teaching core academic subjects must meet the definition of highly qualified including demonstrated knowledge in their subject area. For this reason, the law requires that new teachers hold a bachelor’s degree, have full state certification, and demonstrate subject-matter competency. The teacher may satisfy this requirement by taking and passing a rigorous subject test in each of the academic subjects he or she teaches. A middle or high school teacher may demonstrate subject-matter competency by having successfully completed, in each of the core academic subjects he or she teaches, an academic major, or advanced certification or credentialing. New elementary school teachers must demonstrate the required competency by passing a state-approved test. For details, please refer to the NCLB Teacher Requirements Resource Guide at http://www.cde.ca.gov/nclb/sr/tq/index.asp .
How do I become highly qualified if I am an experienced teacher?
Federal law provides “Not New” elementary teachers with two options to demonstrate subject matter competence. They may pass a California Commission on Teaching Credentialing (CCTC)-approved subject matter examination (any past or current CCTC approved subject matter examination will qualify), or they may complete the California High Objective Uniform State Standard of Evaluation (HOUSSE).
Federal law provides “Not New” middle/high school teachers with several options to demonstrate subject area competence. They may pass a CCTC approved single subject matter examination (any past or current CCTC approved single subject matter examination will qualify), or they may complete one of the following in each core subject area taught:
- A CCTC approved subject matter program, or
- A major, or
- A major equivalent (32 semester units or the equivalent), or
- A graduate degree, or
- Hold National Board Certification, or
- Complete the California HOUSSE.
For more information, please refer to the NCLB Teacher Requirements Resource Guide, found at http://www.cde.ca.gov/nclb/sr/tq/documents/nclbresguide.doc .
Which teachers must be highly qualified in special circumstances?
Middle School Teachers: Middle school teachers who teach core academic subjects, as defined by NCLB, must meet the NCLB's standard for demonstrating a high level of competency in each of the core academic subjects they are teaching, using a state test or any of the other options provided by NCLB.
Vocational Education Teachers: The NCLB requirement that teachers be highly qualified does not apply to vocational education teachers who are exclusively teaching career and technical classes for which students receive no credit in a core academic subject. Guidance from the United States Department of Education (USDOE), dated June 6, 2002, states that vocational education teachers must meet the NCLB's definition of highly qualified if they are teaching a course for which a student receives credit in a core academic subject. For example, a career and technical teacher who "teaches a course in Applied Physics for which students receive a science credit must hold a four-year degree, be certified by the state, and demonstrate subject matter competency in order to be considered highly qualified." Although the course is taught by a career and technical teacher, "It is counted as a science credit; therefore it is considered a core academic requirement and the teacher must meet the definition of a highly qualified teacher."
Substitute Teachers: As outlined in the USDOE guidance, it is strongly recommended that long-term substitutes meet the requirements for a highly qualified teacher. Since Title I of NCLB requires that parents must be notified if their child has received instruction for four or more consecutive weeks by a teacher who is not highly qualified, this would include long-term substitutes.
Special Education Teachers: If a special education teacher is providing instruction in a core academic subject, then that teacher must meet the NCLB teacher requirements. The requirements apply whether a special education teacher provides core academic instruction in a regular classroom, a resource room, or another setting. Special education teachers in kindergarten through eight grades can demonstrate subject matter competence by passing the California Subject Examinations For Teachers (CSET) (multiple subjects) or a previous California Commission on Teacher Credentialing (CCTC) multiple subject exam. "Not New” special education teachers can use the HOUSSE option to demonstrate subject matter competence.
Which teachers are not highly qualified according to the NCLB?
Uncertified Teachers With Temporary Licenses: Under NCLB, uncertified teachers with temporary licenses are not highly qualified. For NCLB purposes, an uncertified teacher with a temporary license cannot be hired after the first day of class in the 2002-2003 school year to teach core academic subjects in programs or schools supported by Title I funds. An uncertified teacher with a temporary license who was hired on or before the first day of class in the 2002-2003 school year to teach core academic subjects in any public school must meet NCLB's highly qualified requirements by the end of school year 2005-2006.
Does a master’s degree in education count toward demonstrating subject matter competency?
No, a general master's degree in education will not satisfy the subject matter competency requirement because the statute specifically states that an educator may demonstrate competence through a master's degree in the core academic subject(s) in which the teacher teaches. For more information about teacher credentialing requirements, please refer to the NCLB Teacher Requirements Resource Guide at http://www.cde.ca.gov/nclb/sr/tq/index.asp .
What are the reporting requirements associated with meeting the requirements for highly qualified teachers under NCLB?
Under NCLB, each school district, including direct-funded charter schools, must report to the state annually on its progress in meeting the requirement that all teachers be highly qualified by the end of the 2005-06 school year. Typically, this information is reported via the Consolidated Application (ConApp) process. For direct-funded charter schools opting not to participate in the ConApp process, this information will be reported annually via the Charter School Funding Survey.
Parents of students in Title I schools are guaranteed annual notification of their "right to know" about teacher qualifications. They may request information regarding the professional qualifications of the student’s classroom teachers, including: (a) whether the teacher is state-certified; (b) whether a teacher is teaching under emergency or other provisional status; and (c) the baccalaureate degree major of the teacher and any other graduate degree major or certification. In addition, the school must notify parents in a timely fashion if their child is being taught for four consecutive weeks by a teacher who does not meet highly qualified teacher requirements.
Do teachers assigned to English learners providing core content instruction in charter schools need supplemental certification and authorization to teach English learners?
Yes. Teachers providing core instruction to English learners, as defined by the LEA or charter school, need the same teaching authorization as required in all California public schools, grades kindergarten through twelve. Teaching credentials and authorizations are governed by laws and regulations monitored by the California Commission on Teacher Credentialing (CCTC).
Information on English learner certification and authorizations can be found at http://www.ctc.ca.gov/credentials/CREDS/english-learners.html (Outside Source).
What accountability provisions of NCLB apply to charter schools?
All public schools, including charter schools, must comply with NCLB’s accountability system and, in California, the following:
- Provide instruction that leads to mastery of the state-developed content and academic achievement standards.
- Participate in the state assessment system.
- Be subject to the state-developed measures of adequate yearly progress (AYP).
In addition, charter schools must be identified for school improvement, corrective action, or restructuring when failing to meet AYP. NCLB requires that all students be proficient by the 2013-14 school year. To achieve this goal, NCLB requires:
- Disaggregation by student subgroup.
- State to set starting point for AYP based on 2001-02 assessment data.
- Starting point must be same for each LEA, each school, and each subgroup.
- State must set annual measurable objectives.
- To make AYP, school or LEA must meet or exceed the state’s annual measurable objectives for all students and for all subgroups.
- If one subgroup fails to make AYP, the entire school or LEA fails to make AYP.
For more information on the requirements for meeting AYP, please refer to CDE’s Web site at http://www.cde.ca.gov/ta/ac/ay/index.asp .
What is the High Priority Schools Grant Program (HPSGP)?
Assembly Bill 961, Chapter 747, Statutes of 2001, established the High Priority Schools Grant Program (HPSGP) for low performing schools. This program is intended to assist the lowest performing schools in the state in raising student achievement by offering additional resources targeted to student performance. All students that are ranked in Deciles 1 according to the statewide 2000 Academic Performance Index (API) and schools with asterisked API scores that would have placed them in Decile 1 were invited to participate in this program. The legislation specifies that by participating in the HPSGP schools automatically participate in the Immediate Intervention/Underperforming Schools Program (II/USP) and must meet all of the requirements of II/USP as modified by the HPSGP legislation. The HPSGP ties together several legislative incentive programs that have been made available to schools and districts. For example, schools receiving HPSGP funding must ensure that their eligible teachers participate in the Mathematics and Reading Professional Development Program established under Assembly Bill (AB) 466. In addition, principals in schools selected to receive HPSGP funds must, likewise, participate in the Principal Training Program created by AB 75. Reimbursement for participating in these programs may be obtained through the CDE depending upon funding availability. Finally, all participating HPSGP school must agree to purchase and provide each pupil with aligned mathematics and reading/language arts instructional materials approved by the State Board of Education (SBE) in January 2001 and 2002, respectively.
Beginning in FY 2002-03, schools participating in the HPSGP will receive $400 per student, with a $200 per student matching requirement. The goal of the HPSGP is to ensure that these additional resources will assist all participating schools in implementing changes to improve pupil performance. Schools have 24 months from September 2002 to meet growth targets. Failure to meet growth targets will result in review by the SBE. The State Superintendent of Public Instruction (SSPI) has the discretion, with approval of the SBE, to direct the governing board to adopt strategies that will help schools meet benchmarks. Lack of significant progress after 36 months from September 2002 will result in interventions or sanctions by the SBE and the SSPI.
Charter schools opting to participate in this program and receiving the additional funding are required to comply with all program requirements. You may find additional information about the HPSGP by accessing the following Web site http://www.cde.ca.gov/ta/lp/hp/index.asp .
What is the purpose of the Immediate Intervention/Underperforming Schools Program (II/USP)?
As per Education Code Section 52053 (Outside Source), the II/USP was established on August 15, 1999, by the State SSPI with the approval of the SBE, which invites schools that scored below the 50th percentile on the achievement tests administered pursuant to the Section 60640 (Outside Source) both in the spring of 1998 and in the spring of 1999 to participate in the program.
In part, a school selected to participate on or before September 1, 1999, shall be awarded a planning grant from funds appropriated pursuant to paragraph (1) of subdivision (a) of Section 2 of the act adding this section in the amount of $50,000. A school selected to receive federal funds, pursuant to paragraph (2) of subdivision (a) of Section 2 of the act, shall be awarded an implementation grant in an amount of at least $50,000, pursuant to Public Law 105-78.
By September 15, 2000, the SSPI, with the approval of the SBE, shall identify schools that failed to meet their Academic Performance Index (API) growth targets and that have an API score below the 50th percentile in the previous school year relative to all other public elementary, middle, or high schools. The SSPI shall invite these schools to participate in the II/USP. A school invited to participate may take action to improve pupil performance not otherwise prohibited under state or federal law that would not require reimbursement by the Commission on State Mandates.
You may find additional information regarding the II/USP program at http://www.cde.ca.gov/ta/lp/iu/index.asp .
Under NCLB, what does equitable participation by private school students, teachers, and other educational personnel mean?
Under NCLB Title IX (sections 9501-9504), LEAs, consortia, or entities receiving federal financial assistance are required to make educational services available to eligible private school students, teachers, and other educational personnel consistent with the number of eligible students enrolled in private elementary and secondary schools in the communities or geographic area served by the LEA, consortium, or entity. These educational services and other benefits must be comparable to the services and other benefits provided to public school students, teachers, and other educational personnel participating in the program and must meet the needs of private school students, teachers, and other educational personnel. The services are to be provided in a timely manner. Private schools are not required to accept the educational services. More information on provisions for private school students, teachers, and other educational personnel can be found at http://www.cde.ca.gov/sp/ps/cd/guidance.asp .
Do charter schools need to provide equitable services to private schools?
No. Charter schools do not have geographic boundaries in the same manner as traditional school districts, nor are they funded in the same manner. Charter schools must accept any student who wishes to attend the school (subject to capacity constraints) and are funded based on actual enrollment, rather than on population (census) within a defined geographic boundary.
Do all-charter school districts need to provide equitable programs and services to private schools?
Yes. All-charter school districts have defined geographic boundaries. These boundaries are based on the preexisting district boundaries before conversion to all-charter districts. Private school students residing within these boundaries are not covered by any other district. All-charter districts, like traditional school districts, continue to receive their funding based on the eligible population living within the district boundaries. This population includes not only students who attend district schools but also eligible children who attend private schools, who are home schooled, or who attend charter schools. Therefore, all-charter districts are responsible for continuing to offer/provide services to private school students residing within traditional district boundaries.
