COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 
 Home>Topics > NCLB > How Can I Help Teachers Being Pushed Out by New Law


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024-2025
Training Programs

Nov. 16 - WV via ZOOM

2025

Mar. 18-19 - VA via ZOOM

Sept. 18 - MD via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

How Can I Help Teachers Being Pushed Out by New Law?

**********

Note: Congress has reauthorized the Elementary and Secondary Education Act (ESEA), the statute formerly known as No Child Left Behind. The new statute, Every Student Succeeds Act, was signed into law by President Obama on December 10, 2015.

**********

An attorney writes: "I have been approached by highly qualified teachers who are being pushed out of their positions by law changes. I am looking for guidance about how these caring teachers can continue to work."

From Wrightslaw:

The law that requires states to upgrade teacher qualifications is a federal law, the No Child Left Behind Act of 2001. This law requires all teachers to be "highly qualified" (to demonstrate competence in the subjects they teach) by the end of the 2005-2006 school year.

When the law was passed, many people hoped that exceptions would be carved out for various groups so they would not have to become highly qualified. This did not happen.

In fact, when Congress reauthorized the Individuals with Disabilities Act in December 2004, they clarified that the highly qualified teacher requirements apply to special education teachers too. The only exception that I am aware of is that teachers in rural areas (who often teach several subjects) were given one additional year to become highly qualified - that's it.

The law required states to establish standards that aligned teacher certification to knowledge of core academic subjects. The term “core academic subjects" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography (Title IX, Section 9101(11)).

In exchange for federal funds, states had to develop academic standards, align student testing to the standards, and align teacher certification to these standards. As this was accomplished, school districts had to ensure that their teachers meet these standards.

Federal funds flow from the state to school districts. School districts can use funds for professional development and training to ensure that their teachers meet these requirements. Teachers in all states need to find out what they need to do to meet their state standards. Since teachers have to be highly qualified by the end of the 2005-2006 school year, the teachers you represent don't have any more time to waste.

There are several ways teachers can meet these standards - they can have a major in the subject(s) they teach or they can take an exam to demonstrate their competence.

If you are representing the interests of teachers who do not meet these requirements, you need to be knowledgeable about the No Child Left Behind Act, the purpose of the law, and the teacher quality requirements.

You may want to get a copy of Wrightslaw: No Child Left Behind - it contains the full text of the NLCB statute with commentary and analyses. It also includes separate chapters that address the interests of different groups - teachers, school administrators, parents, academics, school leaders, and attorneys. The book includes a NCLB CD-ROM of publications and resources about the law.

In addition, we built a NCLB site on Wrightslaw that includes these sections:

You can help the teachers you represent by encouraging them to learn about this law - it will have a huge impact on their lives.

Good luck to you,

Pam Wright


 

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

Order Wrightslaw
Products Today!



Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 3rd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video


The Advocate's Store


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95