New Interpretation of Highly Qualified Teacher Standards for Elementary Single-subject Teachers
In an unanticipated move, the U.S. Department of Education informed TEA that it had changed its
interpretation of the requirements for some elementary school teachers to be considered "highly qualified"
under the No Child Left Behind Act (NCLB). In response, on October 20, 2009, TEA notified school districts
and the public education community of the new interpretation.
Read the TEA
correspondence and ATPE's letter to the Department of Education.
TEA appealed to the department requesting that it revisit the decision or provide a reasonable time for educators to comply. TEA recently received a response that confirms the new interpretation but also provides waivers for many educators affected by the decision. The waivers will apply to new elementary school teachers who teach outside the general elementary curriculum and will remain in effect as long as the teacher remains employed with the same school district. Read the TEA letter and guidance.
The change affects only elementary education teachers. According to the department's new interpretation, a teacher who was new to the profession in the 2009-10 school year and demonstrated subject area competency by passing a certification exam in a specific subject area will no longer be considered "highly qualified" for elementary grades (grades pre-k - six) until he/she has also passed a generalist certification exam. While the subject specific tests will still demonstrate the teacher's competency in the specific subject, under the department's new interpretation of the federal law, the teacher will also have to pass a generalist exam that tests subject knowledge in reading, writing, mathematics, science and social studies in order to be deemed "highly qualified."
Texas had previously determined that an elementary teacher who was new to the profession and who had passed a subject-specific certification exam would be considered "highly qualified" to teach the applicable subject area at the elementary school level.
An elementary school teacher who began teaching prior to 2009-10 school year and was deemed "highly qualified" under the department’s prior interpretation of NCLB will continue to be considered "highly qualified" as long as the teacher remains in the same teaching assignment. According to TEA, portability of those "highly qualified" determinations between Texas public schools also remains in effect for such a teacher as long as she remains in the same teaching assignment.
TEA has also reiterated that it does not recommend that districts terminate the employment of any teachers who do not meet the new standard. An eligible ATPE member who is confronted by
his district or who has a question of how this new interpretation might affect him directly may contact the ATPE Member Legal Services Department.
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