Analysis of the federal No Child Left Behind Act (also known as ESEA)

The No Child Left Behind (NCLB) Act was signed into law Jan. 8, 2002. It was the first major overhaul in many years of the main body of federal law governing education, the Elementary and Secondary Education Act (ESEA). As the NCLB Act awaits reauthorization by Congress, the U.S. Department of Education has reverted back to using the term ESEA for the law. A major part of the NCLB Act deals with statewide testing and teacher quality.

Title I assessment

States receiving Title I funds are required to assess reading/language arts and mathematics every year from 3rd through 8th grade, as well as one year in the 10th-12th grade span. States are also required to administer a science assessment annually in at least one grade in each of the following grade spans: 3-5, 6-9 and 10-12. Texas meets these requirements (see testing requirements chart here).

Every state is already required to participate in the 4th and 8th grade reading and mathematics sections of the National Assessment of Educational Progress (NAEP) to obtain a national comparison of the rigor of state assessments, provided that the federal government pays the cost of participation. Unlike state assessments, the NAEP is only given to a random sample of students.

State accountability requirements

Each state must define what constitutes adequate yearly progress (AYP) in increasing student achievement toward the goal of all students reaching proficient levels on the state assessments by 2014. The law sets out increasingly harsher penalties for failure to meet AYP in subsequent years.

Limited English Proficient (LEP) students

A school is allowed to not count the performance of recently arrived LEP students (enrolled in U.S. schools for less than 12 months) in reading and math in the school’s performance rating the first year they are enrolled in a U.S. school, though they can be included in the district’s participation rate. Another change allows schools to count students as LEP students for purposes of AYP for as long as two years after they have left the LEP program.

Special education students

Federal provisions allow scores on a state assessment that is linked to the grade-level curriculum through prerequisite skills using alternative performance standards to be counted as proficient for AYP for up to 1 percent of students who are significantly cognitively disabled. Additionally, scores on a state assessment based on modified achievement standards that are aligned with grade-level content standards can be counted as proficient for AYP for up to 2 percent of students who are not severely disabled but have not been able to reach grade level because of disabilities. For more information, see Student assessment.

Title II educator quality

Teachers

All teachers of core academic subjects were required to be “highly qualified” by the end of the 2006-07 school year, with teachers newly hired after the first day of instruction for the 2002-03 school year required to be “highly qualified” when hired (in some cases, later deadlines apply). Districts must use at least 5 percent of their Title I, Part A funds to help teachers become “highly qualified.”

The Act specifies that core academic subjects are English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history and geography.

Definition of “highly qualified”

To be “highly qualified” under the NCLB Act, a teacher must have:

• At least a bachelor’s degree; AND
• Full state certification (includes probationary certificates in some circumstances, and for charter school teachers, state certification requirements specific to charter schools); AND
• Demonstrated competency in the core academic subject area assigned.

Demonstrating competency

The options for demonstrating subject competency differ for elementary and secondary teachers, as well as for new and experienced teachers. “New” is defined as a teacher who has never taught elementary, middle or high school. “Experienced” is defined as a teacher who has previously taught elementary, middle or high school.

For new elementary teachers (grades EC-6), the only option for demonstrating subject competency is passage of the applicable state certification exam. For experienced elementary teachers, there are two options: pass the applicable state certification exam OR meet a “high, objective, uniform standard of evaluation” (HOUSE). (Texas’ HOUSE plan may be viewed on the TEA website at http://www.tea.state.tx.us/index4.aspx?id=4650&menu_id=798.)

For new secondary teachers (grades 7-12), the options are to pass the applicable certification exam OR have an academic major or coursework equivalent for the subject taught. For experienced secondary teachers, the options are to pass the applicable certification exam OR have an academic major or coursework equivalent for the subject taught OR meet HOUSE.

The U.S. Department of Education issued a reinterpretation of the “highly qualified” provisions for certain elementary teachers (defined in Texas as EC-6 teachers new to the profession when hired for the 2009-10 school year) that requires those holding subject-specific certification or EC-12 special education certification to take and pass an additional generalist certification exam in order to be “highly qualified.”

Affected teachers include those holding certification in 4-8 math, 4-8 science, 4-8 social studies, 4-8 math/science, 4-8 ELA/reading, 4-8 ELA/reading/social studies and EC-12 special education. According to the TEA, passing the TExES EC-4, EC-6, or 4-8 generalist; TExES EC-4, EC-6, or 4-8 bilingual generalist; or TExES EC-4, EC-6, or 4-8 ESL generalist will meet the requirement.

The USDE agreed to grandfather new elementary teachers hired prior to the 2009-10 school year who had already been determined to be “highly qualified” under the former interpretation, as long as they remain in the same teaching assignment, or if they are documented as meeting HOUSE.

“Highly qualified” rules eased in certain situations

• Multiple-subject secondary teachers in rural schools who are “highly qualified” in one of the subjects they teach at the time of hire can use HOUSE to demonstrate competence in additional subjects taught within three years of the hire date.
• Any experienced secondary teacher may continue to use HOUSE to demonstrate subject matter competency for mathematics or science in documenting “highly qualified” teacher status. This option will allow school districts and teachers to prepare for the new state high school graduation requirements for four mathematics and four science credits. This HOUSE option will phase out at the end of the 2012-13 school year.
• Science teachers may now demonstrate that they are “highly qualified” according to the state’s certification standards. For example, if a state certifies teachers in the general field of science, then subject-matter competency may be demonstrated through a “broad field” test or major. If a state requires certification or licensure in the specific science subjects, such as physics, biology or chemistry, then competency would need to be demonstrated in each of the subjects.
• Current multiple-subject teachers, particularly teachers in middle schools or special education, are not required to return to school or get a degree in every subject they teach but may demonstrate subject-matter competency through the HOUSE option. Under the new guidelines, the HOUSE option may be streamlined to allow teachers to demonstrate subject-matter knowledge through one procedure for all subjects they teach while maintaining the same high standard for subject-matter mastery.

Special education teachers

The law requires experienced special education teachers to demonstrate competency in every core subject area they teach, just like all other experienced teachers, either through HOUSE, passing the applicable certification exam, or the extra option for secondary teachers of having an academic major or coursework equivalent to the subject taught. The law does contain some options for certain circumstances:

1. New special education teachers who do not exclusively teach students who are assessed on alternative achievement standards must demonstrate competency in every core subject taught when hired, UNLESS teaching two or more core academic subjects, in which case competency must be demonstrated in at least math, language arts or science when hired, leaving two years from the date of hire to demonstrate competency in the other core subject(s) taught. Competency can be demonstrated via HOUSE, passing the applicable exam, or the extra option for secondary teachers of having an academic major or coursework equivalent to the subject taught.
2. New elementary special education teachers of students who exclusively take an alternative assessment have the option of meeting HOUSE in order to be “highly qualified” (formerly available only to experienced teachers). Secondary special education teachers who teach core academic subjects on an elementary level exclusively to students who are assessed pursuant to alternate achievement standards are considered “highly qualified” if they meet “highly qualified” requirements for elementary teachers. Those options are
   • passing the appropriate elementary certification test, or
   • the additional option for experienced teachers of meeting elementary HOUSE.
3. Experienced secondary special education teachers can meet “highly qualified” requirements via HOUSE for secondary special education teachers.

HOUSE options assist visiting international teachers

Visiting international teachers who participate in foreign teacher exchange programs officially recognized by the State Board for Educator Certification and the Texas Education Agency may use HOUSE to demonstrate “highly qualified” teacher status for a period not to exceed three years.

Paraprofessionals

Districts must ensure that all new paraprofessionals hired after Jan. 8, 2002, and working in a program supported with Title I, Part A funds have completed at least two years of college (48 hours), have an associate’s or higher degree, or otherwise meet a rigorous state or local standard of quality and demonstrate knowledge of and ability to assist in the instruction of reading, writing and mathematics through a formal state or local academic assessment. An exception is made for paraprofessionals who serve primarily as translators or who solely conduct parent involvement activities. All paraprofessionals, regardless of hiring date, must have earned a secondary school diploma or its equivalent.

The Act also defines the duties of paraprofessionals as follows:

• Provide one-on-one tutoring;
• Assist with classroom management;
• Provide assistance in a computer laboratory;
• Provide support in a library or media center;
• Act as a translator; or
• Provide instructional services while working under the direct supervision of a teacher.

The U.S. Department of Education has issued further guidance on paraprofessionals clarifying the following:

A “new” paraprofessional is one who is newly hired by a district. If a person worked as a paraprofessional in a non-Title I school in the same district, he/she is not considered to be a new paraprofessional if he/she transfers to a Title I school within that district. A district also has the discretion to define its policies for distinguishing “new” and “existing” paraprofessionals in the case of those hired before Jan. 8, 2002, who were laid off and subsequently rehired after that date.

Once paraprofessionals have met the requirements of the NCLB Act, they do not necessarily have to re-qualify if they move to a new district. A district may, at its discretion, determine that a paraprofessional meets the Title I qualification requirements if the individual was previously determined to meet these requirements when employed by another district.

A state or district, as appropriate, may count continuing education credits (CECs) toward the requirement that a paraprofessional complete at least two years of study at an institution of higher education if the following conditions are met: the CECs are part of an overall training and development program plan, and an institution of higher education accepts or translates them to course credits.

Title I funds may be used to pay for the paraprofessional assessment.

Because paraprofessionals provide instructional support, they should not be providing planned direct instruction, or introducing to students new skills, concepts or academic content. The requirement that paraprofessionals work in close and frequent proximity to a teacher also would be inconsistent with the following programs:

• allowing a paraprofessional to provide instructional support while a teacher visits the site once or twice a week but otherwise is not in the classroom
• allowing a paraprofessional to work with a group of students in another location while the teacher provides instruction to the rest of the class

The latest word

The U.S. Department of Education announced in September 2011 that it will grant waivers from some NCLB requirements to states meeting certain requirements. More information on NCLB/ESEA issues, including reauthorization, is also available on the USDE website at www.ed.gov/esea. The Texas Education Agency’s website has dedicated a page (www.tea.state.tx.us/nclb) to updates on the NCLB Act, including links to hot topics and other important information.