No Child Left Behind Act of 2001 (NCLB)

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NCLB NYS
Field Memo
#05-2004

Cover Letter

Amendment to the Regulations of the Commissioner of Education

Title 34 Code of Federal Regulations, Part 200

For More Information: nclbnys@mail.nysed.gov

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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Johanna Duncan-Poitier Deputy Commissioner Office of Higher Education Office of the Professions	James A. Kadamus Deputy Commissioner Office of Elementary, Middle, Secondary and Continuing Education

NYS NCLB Field Memo:	#05-2004
Date:	December 20, 2004
To:	Charter Schools; Deans, Directors and Chairs of Teacher Education; District Superintendents of Schools; State Professional Standards and Practices Board for Teaching; Nonpublic School Administrators; Regional Certification Officers; Superintendents of Public Schools
From:	Johanna Duncan-Poitier and James A. Kadamus
Subject:	New State regulations that implement the NCLB's requirements for teachers and Title I paraprofessionals

At their December meeting, the Board of Regents adopted a new section 120.6 of the Regulations of the Commissioner of Education that takes effect on January 6, 2005. It implements the requirements for teachers and Title I paraprofessionals in the No Child Left Behind Act of 2001 (NCLB). The new section 120.6 and the federal regulations that it incorporates by reference are attached for your information.

Section 120.6 does not change any of the guidance that the Department has issued to date. The purpose of section 120.6 is to incorporate by reference the federal requirements of the NLCB relating to the qualifications for teachers and Title I paraprofessionals in order to (1) ensure that local educational agencies are in compliance with this federal law; (2) provide an underlying legal basis in regulation for the State Education Department's guidance on the NCLB requirement in this area; and (3) clarify that local educational agencies are required to provide a teacher of a core academic subject who is not new to the profession the opportunity to meet the NCLB requirement to be highly qualified, in part, through passing a high objective uniform State standard of evaluation (HOUSSE).

Questions about section 120.6 should be sent to nclbnys@mail.nysed.gov . In the near future, the Department will issue updated guidance on the recently reauthorized Individuals with Disabilities Education Act (IDEA) and its impact on the NCLB. As needed, section 120.6 will be updated to conform to the IDEA.

http://www.highered.nysed.gov/nclb052004.htm