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"No Child Left Behind" Resources for NYSUT Local Leaders
High
Objective Uniform State Standard of Evaluation
Background: On January 8, 2002, the latest revision of the Elementary and Secondary Education Act was passed into law. This is known as the No Child Left Behind Act of 2001 (NCLB). Perhaps no other federal legislation has impacted public schools to the extent of NCLB. From new testing requirements, new accountability standards, and a call for all teachers to be highly qualified, public schools are scrambling to address the wide-ranging components of this legislation. Perhaps no component is more far reaching than that of "highly qualified teachers." One of the early premises of this legislation as it was being drafted was that all teachers, including veteran teachers, would be retested. The AFT strongly opposed that requirement and was successful in having it eliminated from the final law. However, the concept of having only highly qualified teachers in the classrooms of America’s schools remained, as it should. As with any law, the devil is in the details. What constitutes a highly qualified teacher? How will districts be held accountable for employing only highly qualified teachers? How will teachers provide evidence that in fact they meet the federal definition of being a highly qualified teacher? What is the role of the local union in working with the district to ensure that the standards of high quality are met in a reasonable and equitable manner? This information bulletin will provide you with an overview of the HOUSSE requirements as they have been determined and interpreted by the New York State Education Department. This is important because teacher certification is based in New York State Law and regulation. Further, many of the issues surrounding employment of teachers in the public schools are a matter of collective bargaining governed by the Taylor law. The NCLB legislation makes it clear that it is not intended to overturn state laws or collective bargaining agreements. However, guidance from the U.S. Department of Education has created a great deal of pressure on state education departments and local school districts to set aside some of those rights and protections provided in state law and contracts. Consequently, it will be extremely important for local teacher union leaders and labor relations specialists to pay close attention to the manner in which your school district interprets and implements the concept of"highly qualified teaching." A major component of this information bulletin is NCLB NYS Field Memo #09-2003 from the New York State Education Department titled "Updated Guidance on Implementing the NCLB's Requirements for Teachers in New York State, November 2003 and Appendix D (Evaluation Tool for Using Information Acceptable to the Commissioner of Education for the HOUSSE) from NCLB NYS Field Memo #05-2003 Revised titled "Updated Guidance on Implementing the NCLB’s High Objective Uniform State Standard of Evaluation in New York State, Revised January 2004." New
York State United Teachers 1.) One major feature of NCLB is the requirement that all public school teachers of core academic subjects must demonstrate their content knowledge by 2005-06. HOUSSE (High Objective Uniform State Standard of Evaluation), a checklist with points earned, is one option that a NYS certified teacher may use to demonstrate content knowledge. There are also other options available to NYS teachers. 2.) For purposes of compliance with NCLB, core academic subjects include English, language arts, mathematics, science, history, geography, economics, civics and government, foreign language and the arts. 3.) The HOUSSE checklist is different for elementary and secondary teachers, and different for newly certified teachers and those not new to the profession (as defined by certification in NYS). NOTE: The chart on page 25 of the SED NYS NCLB Field Memo 09-2003 provides the most concise, easiest to understand overview of how elementary, middle, and secondary level teachers are affected in different ways. 4.) Appendix D from NYS SED NCLB Field Memo #05-2003 Revised (T he Evaluation Tool for Using Information Acceptable to the Commissioner of Education for the HOUSSE) is also included with this Information Bulletin (pp. 33-35). 5.)The NYSED views HOUSSE as an evaluation conducted either as a pre-employment interview or as part of the Annual Professional Performance Review (APPR) system. As such, it is subject to collective bargaining. Contact your district administration to determine how the use of HOUSSE will be implemented. 6.) HOUSSE has the potential to elicit panic and negative reactions from veteran teacher who think the procedure is challenging their worth, knowledge and experience. Keep the focus on the facts. Determination of highly qualified status is related to preparation. While it may reflect points obtained by a"formal" review it is not in and of itself a judgment of quality of performance. HOUSSE provides teachers with an opportunity to demonstrate achievement and credentials not create new requirements.
7.) It is possible that many veteran teachers will be able to obtain a"highly qualified" status because they have one of the following and therefore do not have to participate in the HOUSSE procedure. There are different ways for elementary and secondary teachers to demonstrate content knowledge.
8.) Note that in most circumstances this"highly qualified" requirement does not apply to:
9.) While it the district’s responsibility to maintain HOUSSE records, the union should advise individual teachers to keep their own records, which may be transferable to other employers if they change districts. It is the individual’s professional responsibility to document credentials. (see pp. 22-23) 10.) Special attention should be paid in the following assignments which may require special interpretations: See SED NYS NCLB Field Memo # 09-2003 - Teachers of English as a Second Language (ESL), see p. 13 - Special education teachers, see p. 14 - Social Studies teachers, see p. 15 - Science teachers, see p. 15 - Career and Technical Education teachers, see p. 16 - Teachers in Alternative Education, see p. 16 - Teachers who teach across levels K-12 ( Reading, Arts, Languages), see p. 8 - Teachers in charter schools, see pp. 1, 9 11.) The timeline for HOUSSE has two different deadlines. For teachers hired before the first day of class in the 2002-03 school year, the HOUSSE option remains available until the end of the 2005-06 school year, when all classes in core academic subjects must be taught by"highly qualified" teachers. There are two deadlines for public school teachers of core academic subjects: - Teachers were required to be"highly qualified" when hired if they were hired after the first day of class in school year 2002-03 and are working in a program/class supported by Title I part A funds. - All other public school teachers of core academic subjects must be"highly qualified" by the end of school year 2005-06. 12.) SED estimates that the requirement to demonstrate"highly qualified" status may apply to up to 40 percent of elementary teachers statewide. Begin now by meeting with elementary teachers and assessing the number of elementary teachers who will be affected in your district. 13.) Incidental teaching situations may become problematic. A teacher may resist, saying,"I have taught the out of certificate area for 20 years. I like it and know what I am doing." The superintendent is happy with the situation since it provides solutions to staffing in low enrollment areas. It is likely that through the HOUSSE procedure, which gives points for past experience, that the teacher may be able to demonstrate mastery by completing the one page form (see page 16 of SED NYS NCLB Field Memo 09-2003). 14.) Find out who in your district is teaching a subject for which they are not currently certified. You should conduct a member survey, asking each person to list the classes they teach and the certificates they hold. The district may be conducting the same audit and you could do it together. 15.) Have the building representative share a copy of this bulletin with each person who is in one of the categories described and help them outline the steps they will choose to demonstrate that they are highly qualified by 2005-06(if they were hired before September 2002). 16.) Pre Employment interview HOUSSE procedure may be difficult to influence because candidates are not yet union members. Talk to your district personnel administrator to find out how they intend to have candidates demonstrate that they are"highly qualified" in the pre-employment interview and offer to provide input into the development of the process to be used. 17.) Keep a clear record of actions taken related to HOUSSE for your members. As 2005-06 school year approaches, teachers will begin to take notice of the changing regulations. Be proactive and get them thinking about their situations now. 18.) Use your union appointed members of the Professional Development Team (PDP) to influence the use of superintendent’s conference days as opportunities for professional development related to HOUSSE procedures. 19.) The HOUSSE procedure for a teacher hired before September 2002 to demonstrate subject mastery could include a formal review or teacher evaluation. It should be part of the Annual Professional Performance Review and be the subject of collective bargaining. You will need to amend your APPR to include the procedure for HOUSSE. 20.) HOUSSE is confusing because it crosses so many areas of regulation. It is further complicated by the changes in New York State certification rules and language which are effective as of February 2004. The implementation of HOUSSE is related to all of the following: - College preparation - State Certification - Employment assignment - Tenure area 21.) Call your LRS for clarifications about specific individual cases. See the NYSUT (www.nysut.org) and SED website (http//www.highered.nysed.gov/nclbhome.htm) for updates. |
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