New Title I Requirements for Teachers

On January 8, 2002, President Bush signed the Elementary and Secondary Education Act (ESEA), Public Law 107-110. The provisions relating to teachers in Section 1119 of the Act took effect at the time the legislation was signed. Section 1119(a) of the Act states that, on the first day of the first school year after the date of the enactment of the Act (i.e., first school day of the 2002-2003 school year), each local agency receiving Title I funding shall ensure that all teachers hired after the first day of school, and teaching in a program supported with Title I funds, are highly qualified. However, this general provision is somewhat unclear and is substantially modified by the provisions that follow in Section 1119. The U.S. Department of Education is expected to adopt regulations that will clarify the timetable for compliance. Section 1119(a)(2) requires that each state educational agency receiving Title I funds is required to develop a plan to ensure that all teachers teaching in core academic subjects within the state are highly qualified not later than the end of the 2005-2006 school year. Such plan shall establish annual measurable objectives for each local educational agency and school that, at a minimum, require the following:

1. An annual increase in the percentage of highly qualified teachers at each local educational agency and school, to ensure that all teachers teaching in core academic subjects in each public elementary and secondary school are highly qualified not later than the end of the 2005-2006 school year. 2. An annual increase in the percentage of teachers who are receiving high quality professional development to enable such teachers to become highly qualified and successful classroom teachers. 3. Other measures as the state educational agency determines to be appropriate to increase teacher qualifications.

Each local educational agency receiving Title I funds is required to develop a plan to ensure that all teachers teaching within the school district served by the local educational agency are highly qualified not later than the end of the 2005-2006 school year. Section 1119(b) requires annual state and local reports. Each state educational agency must require each local educational agency receiving Title I funds to publicly report, each year, beginning with the 2002-2003 school year, the annual progress of the local educational agency as a whole, and each of its schools, in meeting the measurable objectives described in the state plan. Each state educational agency receiving Title I funds must prepare and submit each year, beginning with the 2002-2003 school year, a report to the Secretary of Education describing the state educational agency=s progress in meeting the measurable objectives described in its state plan. Each year, beginning with the 2002-2003 school year, the Secretary of Education shall publicly report the annual progress of state educational agencies, local educational agencies and schools in meeting the measurable objectives described in each state=s state plan. As of this date, the United States Department of Education has not adopted regulations defining Ahighly qualified.@ It is expected that in the next year the United States Department of Education will enact regulations which will provide more details as to what is required to be in a state and local plan and what is meant by Ahighly qualified.@ It appears that the intent, despite the general language in Section 1119(a) regarding the 2002-2003 school year, is to gradually phase in the requirements for highly qualified teachers by the end of the 2005-2006 school year. As we receive further information, we will provide it to you.