Dept. of Education Releases Revised ESEA "Highly Qualified" Rules

For the third time in four months, the U.S. Department of Education is changing the rules of the Elementary and Secondary Education Act, sometimes referred to as the "No Child Left Behind" law.

Education Secretary Rod Paige announced March 15, 2004, that the Department of Education revised some of the "highly qualified teacher" provisions under ESEA.

The changes affect teachers in rural districts; science teachers who instruct in more than one discipline; and middle and high school teachers who teach multiple subjects.

"These much-needed improvements were among those urged by NEA and many others who are focused on improving the quality of education for all children and students," NEA President Reg Weaver said.

ESEA requires teachers to hold at least a bachelor's degree, state certification or licensure, and demonstrate competence in their subject areas under its "highly qualified" provision.

Teachers of core academic subjects must be highly qualified by the end of the 2005-06 school year, while newly hired teachers in Title I schools must be highly qualified immediately.

Teachers in rural schools who are considered "highly qualified" in one core academic subject but teach in another now have three years to become highly qualified in the subject they teach, as long as they receive professional development, supervision or mentoring.

Newly hired teachers in rural schools also have three years to demonstrate they are highly qualified to teach other subjects, while current teachers who are highly qualified in one subject but teach in another have until 2008 to meet "highly qualified" standards in that second subject.

Science instructors who teach more than one discipline — like biology, chemistry and physics — may have additional flexibility to become highly qualified if their state department of education offers a broad-based science certification. This change overturns Paige's September 2003 ruling that prohibited general science certification under the "highly qualified" provision of ESEA.

The latest round of changes to ESEA also allow current middle and high school teachers who teach multiple subjects to demonstrate their subject-matter competency one time with their state's HOUSSE process. HOUSSE is an acronym for high objective uniform state standard of evaluation.

Last December, the department granted more flexibility under ESEA when assessing students with cognitive disabilities and limited English proficiency. (More)

Paige has announced that the department soon plans to implement additional flexibility to ESEA's requirement that 95% of students take mandated tests.

"While these changes are welcome, they are not enough," Weaver said. "'No Child Left Behind' has put up other barriers to every child having what they need to learn to the best of his or her abilities.

"We look forward to continuing to work with Congress to make this law more flexible and provide the resources needed to ensure that all students have access to a great public school."

Resource page on ESEA

Posted March 24, 2004