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The Impact of the New Title I Requirements on Charter Schools

## *Non-Regulatory Guidance*

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**July, 2004**

::: Definition
***The Impact of the New Title I Requirements on Charter Schools***
:::

::: Definition
**Summary of Major Changes
....................................................................5**
:::

::: Definition
**A. Charter Schools and Accountability Requirements in
NCLB........................6**
:::

::: Definition
A-1. Are charter schools subject to the "adequate yearly progress" (AYP)
and other accountability requirements of No Child Left Behind?
:::

::: Definition
A-2. Which entity in a State is responsible for determining whether
charter schools make AYP and and ensuring that they comply with other
accountability provisions in Title I, Part A?
:::

::: Definition
A-3. Is a charter school that is its own LEA covered by the NCLB
requirements applicable to *schools* in need of improvement or by the
requirements applicable to *LEAs* in need of improvement?
:::

::: Definition
A-4. Which entity is responsible for carrying out the LEA's duties,
under Section 1116 of Title I, when a charter school that is also an LEA
is identified for improvement?
:::

::: Definition
A-5. What are an LEA's responsibilities with respect to schools within
its jurisdiction that are identified for improvement? (In other words,
what are the responsibilities that authorized public chartering
authorities, or other entities designated under State law, must assume
when a charter school is identified for improvement?)
:::

::: Definition
A-6. What resources are available to support the Title I accountability
responsibilities of charter authorizers (or other entities designated
under State law as responsible for charter school accountability)?
:::

::: Definition
A-7. Must charter school authorizers insert State plans for meeting AYP
into individual charter contracts?
:::

::: Definition
A-8. Are charter authorizers now responsible for allocating Title I and
other Federal formula funds to their charter schools?
:::

A-9. Should State Title I accountability plans specifically address
charter schools and reflect input from charter authorizers and
operators?

::: Definition
A-10. What if a charter school fails to make AYP but meets its
contractual requirements with its authorizer?
:::

::: Definition
A-11. Does NCLB prohibit more rigorous accountability requirements than
the requirements of a State's Title I accountability plan in an existing
charter contract or a future charter contract?
:::

::: Definition
**B. Charter Schools and the Title I Public School Choice
Provisions...................11**
:::

::: Definition
B-1. May an eligible charter school that is part of an LEA be listed as
a choice option for parents who wish to transfer their child to a
higher-performing school?
:::

::: Definition
B-2. If a charter school is its own LEA but falls within the boundaries
of a larger LEA, should eligible students from the larger LEA be able to
transfer to it?
:::

::: Definition
B-3. Do charter schools that admit students using a lottery have to give
priority to eligible students transferring under the public school
choice provisions of NCLB?
:::

::: Definition
B-4. Must parents be notified if a charter school is identified as in
need of improvement, corrective action, or restructuring?
:::

::: Definition
B-5. Are charter schools that are parts of LEAs under State law required
to provide choice options and offer transportation for students to other
higher-performing schools in the LEA if the charter school is identified
by the State as in need of improvement, corrective action, or
restructuring?
:::

::: Definition
B-6. Are charter schools that are their own LEAs under State law
required to provide choice options and offer transportation for students
to other higher-performing schools in another LEA if the charter school
is identified by the State as in need of improvement, corrective action,
or restructuring?
:::

::: Definition
B-7. Are there Department resources one can use to find more information
on NCLB's public school choice provisions?
:::

::: Definition
**C. Charter Schools and Supplemental Educational Services
............13**
:::

::: Definition
C-1. May charter schools apply for State approval to provide
supplemental educational services to students enrolled in low-performing
Title I schools?
:::

::: Definition
C-2. Are students from low-income families who attend charter schools
that are parts of LEAs under State law eligible for supplemental
educational services?
:::

::: Definition
C-3. Are students from low-income families who attend charter schools
that are their own LEAs under State law eligible for supplemental
educational services?
:::

::: Definition
C-4. How much must an LEA pay for supplemental educational services?
:::

::: Definition
C-5. Are there Department resources one can use to find more information
on the Title I supplemental educational services provisions?
:::

::: Definition
**D. Charter Schools and Corrective
Action................................................\...14**
:::

::: Definition
D-1. Does NCLB give either States or authorizers the authority to
reorganize a charter school's management and enforce other corrective
actions?
:::

::: Definition
D-2. Under the "corrective action" provisions, NCLB allows LEAs to
convert low-performing Title I schools into charter schools. How might a
State explain the manner in which this provision would be implemented?
:::

::: Definition
**E. Qualifications of Teachers and
Paraprofessionals.....................................15**
:::

::: Definition
E-1. In general, what are the "highly qualified teacher" requirements
under NCLB?
:::

::: Definition
E-2. What qualifications do teachers in charter schools have to meet
under NCLB?
:::

::: Definition
E-4 What qualifications do charter school paraprofessionals have to
meet?
:::

::: Definition
E-4. When must paraprofessionals meet these requirements?
:::

::: Definition
E-5. If a charter school does not accept Title I funds, must it comply
with these requirements for paraprofessionals?
:::

::: Definition
E-6. Must charter school LEAs reserve a portion of their Title I funds
for professional development if they currently meet the "highly
qualified" requirements for charter school teachers and the new
requirements for paraprofessionals?
:::

::: Definition
E-7. Which entity is responsible for ensuring that charter schools
comply with NCLB's charter school teacher quality requirements?
:::

::: Definition
**[Summary of Major Changes]{.underline}**
:::

::: Definition
This updated version of the nonregulatory guidance in the impact of
Title I requirements (under the No Child Left Behind Act) on charter
schools responds to inquiries that the Department has received since
issuing the original guidance on this these issues in August, 2003. The
new version addresses issues relating to charter school accountability
and charter school lotteries. Significant changes are as follows.
:::

-   ::: Definition
    Item A-3 discusses whether a charter school that is its own LEA is
    treated as a *school*, or as a *local educational agency,* in need
    of improvement under the Title I Section 1116 requirements.
    :::

-   ::: Definition
    Item A-5 describes the accountability-related responsibilities that
    the authorized public chartering authority, or another entity
    designated under State law, must carry out when a charter school has
    been identified as in need of improvement under Title I.
    :::

-   ::: Definition
    Item A-6 describes the resources that may be available to support
    the authorized public chartering authority (or other entity) in
    carrying out those responsibilities.
    :::

-   ::: Definition
    Item B-3, as revised, clarifies that a charter school that receives
    assistance under the Department's Charter Schools Program may use an
    admissions lottery that gives extra weight to students seeking to
    change schools under the Title I public school choice requirements.
    :::

::: Definition
The other changes made in this version of the guidance are primarily
editorial, and seek to clarify statements made in the previous version.
:::

::: Definition
***The Impact of the New Title I Requirements on Charter Schools***
:::

::: Definition
**A. Charter Schools and Accountability Requirements in NCLB**
:::

::: Definition
**A-1. Are charter schools subject to the "adequate yearly progress"
(AYP) and other accountability requirements of No Child Left Behind?**
:::

::: Definition
Yes, Title I of the Elementary and Secondary Education Act (ESEA), as
reauthorized by the No Child Left Behind Act (NCLB) of 2001, requires
each State, as a condition of receiving funds under the Title I program,
to implement a "single, statewide State accountability system"
applicable to all its public schools, including charter schools
*\[Section 1111(a)(2)(A)\].* A component of that system is a definition
of "adequate yearly progress" that measures the extent to which schools
succeed in educating all students to proficiency in at least reading (or
language arts) and mathematics. In addition, a charter school that
receives Title I funds is covered by the school improvement provisions
under section 1116 of Title I.
:::

::: Definition
**A-2. Which entity in a State is responsible for determining whether
charter schools make AYP and ensuring that they comply with other
accountability provisions in Title I, Part A?**
:::

::: Definition
Section 1111(b)(2)(K) of the amended ESEA requires accountability for
charter schools to be overseen in accordance with State charter school
law. Thus, a State's charter school law determines the entity within the
State that bears responsibility for applying the Title I, Part A
accountability provisions, including AYP, to charter schools. This
generally means that the charter authorizer is primarily responsible for
holding charter schools accountable under the Title I, Part A provisions
unless State law specifically gives the State educational agency (SEA)
direct responsibility for charter school accountability. We do not
expect the local educational agency (LEA) in which the charter school is
located to be this entity, unless it is also the charter authorizer.
:::

::: Definition
In most States, the SEA has taken on the role of determining whether
individual schools make AYP, based on student assessment results, the
student participation rate on assessments, and the other academic
indicators included in the State's AYP definition. Charter authorizers
(or the other entities designated under State law as responsible for
charter school accountability) will, thus, want to maintain close
contact with the SEA in order to receive current and accurate
information on whether charter schools have made AYP and whether
individual schools have been identified as in need of improvement.
:::

::: Definition
**A.3 Is a charter school that is its own LEA covered by the NCLB
requirements**
:::

::: Definition
**applicable to *schools* in need of improvement or by the requirements
applicable to *LEAs* in need of improvement?**
:::

::: Definition
A charter school that is its own LEA and that is identified as in need
of improvement is subject to the provisions of Title I that apply to
*schools* in need of improvement. This is the same policy that applies
to all single-school LEAs receiving Title I funds.
:::

::: Definition
**A-4. Which entity is responsible for carrying out the LEA's duties,
under Section 1116 of Title I, when a charter school that is also an LEA
is identified for improvement?**
:::

::: Definition
As indicated in Item A-2, a State's charter school law determines the
entity within the State that is responsible for carrying out Title I
accountability provisions with respect to charter schools. Typically,
this is the authorized public chartering authority, unless State law
gives the SEA responsibility for charter school accountability.
:::

::: Definition
**A-5. What are the responsibilities of an LEA (or in the case of
charter schools, of the entity designated under State law as responsible
for charter school accountability) when a school within its jurisdiction
is identified for improvement?**
:::

::: Definition
The responsibilities that an LEA (or, in the case of charter schools,
the entity designated under State law) must assume when a school has
been identified as in need of improvement include the following:
:::

-   ::: Definition
    Promptly providing information to the parents of each child enrolled
    in the school explaining what the identification means, the reasons
    for the school being identified, what the school is doing to
    improve, what help the school is getting, and how parents can become
    involved in addressing the academic issues that led to the
    identification *\[Section 1116(b)(6)\].*
    :::

-   ::: Definition
    Ensuring that the identified school receives technical assistance,
    both during the development or revision of its improvement plan and
    throughout the plan's implementation *\[Section 1116(b)(4)\].*
    :::

-   ::: Definition
    Reviewing, through a peer-review process, the school's improvement
    plan, working with the school to make necessary revisions in the
    plan, and approving the plan once it meets the requirements of the
    statute *\[Section 1116(b)(3)(E).*
    :::

::: Definition
In implementing these requirements, States, charter school authorizers,
and charter schools should attempt to align them, as much as possible,
with State law requirements related to charter school accountability.
:::

::: Definition
**A-6. What resources are available to support the Title I
accountability responsibilities of charter authorizers (or the other
entities designated under State law as responsible for charter school
accountability)?**
:::

::: Definition
Title I provides resources to SEAs and LEAs for carrying out the
accountability-related responsibilities set forth in the statute. For
example:
:::

-   ::: Definition
    The statute permits the SEA to retain up to one percent of the
    State's Title I allocation (and a slightly larger percentage, in the
    case of the smallest States) for administration of Title I programs
    in the State. The SEA may make available some of these funds to
    charter authorizers (or the other designated entities) to carry out
    the functions described in item A-5.
    :::

-   ::: Definition
    The statute requires the SEA to reserve four percent of the State's
    Title I allocation, beginning in fiscal year 2004[^1], specifically
    for the purpose of carrying out the State and local
    accountability-related responsibilities, including activities to
    assist schools identified for improvement. The SEA must allocate at
    least 95 percent of this amount to LEAs that have schools identified
    for improvement, corrective action, or restructuring, except that
    the SEA may serve those schools directly if it has the approval of
    the LEA. In allocating these funds, the State must give priority to
    LEAs that serve the lowest-achieving schools, demonstrate the
    greatest need, and demonstrate the strongest commitment to ensuring
    that their lowest-performing schools meet the goals outlined in
    their improvement plans *\[Sections 1003(a), (b), and (c)\]*.
    :::

::: Definition
> An SEA may use the five percent of this reservation that is not
> required to be allocated to LEAs to provide support for the efforts of
> charter school authorizers (or other designated entities) to carry out
> the accountability requirements of the statute. In addition, with the
> approval of appropriate LEAs in the State, such as the LEAs that have
> charter schools in improvement status within their jurisdiction, an
> SEA could use some of the remaining 95 percent of the set-aside to
> serve those charter schools, such as by providing funds to charter
> school authorizers for that purpose. Further, an SEA might provide
> funds from the 95 percent reservation directly to charter school LEAs,
> and condition that receipt of funds on a requirement that those LEAs
> provide a portion of the money to the authorizers or other entities
> that are responsible for the accountability of those schools. Finally,
> a State might require other (non-charter) LEAs that receive funds from
> the 95 percent reservation to ensure that charter schools under their
> jurisdiction are served; for instance, they might make it a
> requirement that an LEA provide some of its allocation to charter
> school authorizers responsible for the accountability of charter
> schools in the area.
:::

::: Definition
**A-7. Must charter school authorizers insert State plans for meeting
AYP into individual charter contracts?**
:::

::: Definition
NCLB holds charter schools, like other public schools, accountable for
making AYP. If authorizers wish, they may choose to incorporate the AYP
definition into charter contracts, especially for new schools, but NCLB
does not explicitly require this step.
:::

::: Definition
**A-8. Are charter authorizers now responsible for allocating Title I
and other Federal formula funds to their charter schools?**
:::

::: Definition
No. If a charter school is authorized by an entity other than a
traditional (school-district) LEA, the SEA will still be responsible for
allocating Title I funds directly to the charter school, pursuant to
Federal and State laws. In allocating these funds, SEAs will still
comply with Section 5206 of ESEA and ensure that funds are allocated in
a timely and efficient manner for new and expanding charter schools. If
a charter school is, under State law, part of an LEA, the LEA will
allocate Federal funds to the charter school on the same basis as it
provides funds to its other schools.
:::

**A-9. Should State Title I accountability plans specifically address
charter schools and reflect input from charter authorizers and
operators?**

Yes. Charter schools are public schools subject to the accountability
requirements of NCLB. In accordance with congressional intent, Title I
State accountability plans must be consistent with State charter school
law and [may not]{.underline} \"replace or duplicate the role of
authorized chartering agencies,\" or other designated entities, in
overseeing accountability requirements for charter schools *\[Conference
report on the No Child Left Behind Act; note #77 on Title I, Part A\]*. 
State Title I accountability plans should respect the unique nature of
charter schools and should reflect input from charter operators and
authorizers. In addition, State accountability plans should reflect the
fact that the SEA is ultimately responsible for implementation of, and
compliance with, the Title I requirements by all public schools in the
State that receive Title I funds, including both traditional public
schools and charter schools.

::: Definition
**A-10. What if a charter school fails to make AYP but meets its
contractual requirements with its authorizer?**
:::

::: Definition
If a charter school fails to make AYP, then the charter school
authorizer or other designated entity must take the actions required by
the statute. See item A-5.
:::

::: Definition
**A-11. Does NCLB prohibit more rigorous accountability requirements
than the requirements of a State's Title I accountability plan in an
existing charter contract or a future charter contract?**
:::

::: Definition
No. Nothing in NCLB prohibits the continuation of existing charter
contractor prohibits the development of future contracts that meet or
exceed Title I accountability requirements. If a charter school's
contract with its authorizer imposes more immediate consequences than a
State's Title I accountability plan, the authorizer should take
appropriate steps to ensure that the school abides by the charter
contract as specified in the State's charter school law, notwithstanding
the fact that the charter school may have made AYP.
:::

::: Definition
**B. Charter Schools and the Title I Public School Choice Provisions**
:::

::: Definition
**B-1. May an eligible charter school that is part of an LEA be listed
as a choice option for parents who wish to transfer their child to a
higher-performing school?**
:::

::: Definition
Yes. LEAs may list charter schools under their jurisdiction that have
not been identified for improvement, corrective action, or restructuring
as choice options.
:::

::: Definition
**B-2. If a charter school is its own LEA but falls within the
boundaries of a larger LEA, may eligible students from the larger LEA be
able to transfer to it?**
:::

::: Definition
Yes. An LEA should work with charter school LEAs within its geographic
boundaries to reach agreements allowing students to transfer to these
schools. However, allowing eligible students to transfer to a charter
school LEA within its boundaries does not lift the requirement that the
LEA give affected students the option to transfer to schools that it
operates.
:::

::: Definition
**B-3.** **May charter schools that admit students using a lottery give
priority to eligible students seeking to transfer under the public
school choice provisions of NCLB?**
:::

::: Definition
A charter school that receives funding under the Department's Charter
School Program (CSP) must use a random selection (lottery) process if
more students apply for admission than can be admitted. A school that
receives CSP funds generally may use a weighted lottery (that is, a
lottery that gives preference to one set of students over another) only
when necessary to comply with applicable civil rights laws. (See item
C-3 of the Department's CSP guidance, available at
http://www.ed.gov/policy/elsec/guid/cspguidance03.doc.) However, a
charter school may weight its lottery in favor of students seeking to
change schools under the public school choice provision of Title I, for
the limited purpose of providing greater choice to students covered by
those provisions. For example, a charter school could provide each
student seeking a transfer under Title I with two or more chances to win
the lottery, while all other students would receive only one chance to
win.
:::

::: Definition
**B-4. Must parents be notified if a charter school is identified as in
need of improvement, corrective action, or restructuring?**
:::

::: Definition
Yes. If a charter school is identified for improvement, parents of
students enrolled at the school must be notified of its status before
the beginning of the school year following identification, just as
parents of students enrolled in other public schools are notified. If a
charter school is part of an LEA, then the LEA should notify parents of
their options. If the charter school is an LEA itself, then the
authorizer or the charter school itself should notify parents of the
school's status and their options, including returning children to their
"home" public school.
:::

::: Definition
**B-5. Are charter schools that are parts of LEAs under State law
required to provide choice options and offer transportation for students
to other higher-performing schools in the LEA if the charter school is
identified by the State as in need of improvement, corrective action, or
restructuring?**
:::

::: Definition
Yes, consistent with the statute, LEAs that authorize charter schools
must provide choice options and offer transportation to other public
schools of choice within the LEA, even if a State's charter law does not
require that transportation funds be made available for charter schools.
:::

::: Definition
**B-6. Are charter schools that are their own LEAs under State law
required to provide choice options and offer transportation for students
to other higher-performing schools in another LEA if the charter school
is identified by the State as in need of improvement, corrective action,
or restructuring?**
:::

::: Definition
As noted in Item B-4, if the charter school is an LEA itself, then the
authorizer or the charter school itself should notify parents of the
school's status and their options, including returning children to their
"home" public school.
:::

> In addition, according to Section 200.44(h)(1) of the Title I
> regulations (67 Fed. Reg. 71710, 71725, to be codified at 34 C.F.R.
> pt. 200), if all public schools to which a student may transfer within
> an LEA (including charter school LEAs) are identified for school
> improvement, corrective action, or restructuring, the LEA must, to the
> extent practicable, establish a cooperative agreement with one or more
> other LEAs in the area. Therefore, a charter school LEA must, if it is
> practicable, establish such agreements with other LEAs.
>
> Also, according to Section 200.44(h)(2) of the final Title I
> regulations, LEAs (including charter school LEAs) that have no
> eligible schools to which qualifying students may transfer are allowed
> to offer supplemental educational services to parents of eligible
> students in the first year of school improvement.

::: Definition
**B-7. Are there Department resources one can use to find more
information on NCLB's public school choice provisions?**
:::

::: Definition
Yes. For more information please consult the Department's Title I
regulations at:
<http://www.ed.gov/legislation/FedRegister/finrule/2002-4/120202a.html>.
You may also wish to consult the non-regulatory guidance on public
school choice at:
<http://www.ed.gov/policy/elsec/guid/schoolchoiceguid.doc>
:::

::: Definition
**C. Charter Schools and Supplemental Educational Services**
:::

::: Definition
**C-1. May charter schools apply for State approval to provide
supplemental educational services to students enrolled in low-performing
Title I schools?**
:::

::: Definition
Yes, charter schools that are not identified for improvement are
eligible to become supplemental educational service providers pursuant
to the Title I requirements.
:::

::: Definition
**C-2. Are students from low-income families who attend charter schools
that are parts of LEAs under State law eligible for supplemental
educational services?**
:::

::: Definition
Yes. As with other public schools, if a charter school is identified as
in need of improvement for two or more years, then students from
low-income families who are enrolled in the school are eligible to
receive supplemental educational services. The LEA must pay for such
services on the same basis as it would pay for supplemental services for
eligible students in any other school.
:::

::: Definition
**C-3. Are students from low-income families who attend charter schools
that are their own LEAs under State law eligible for supplemental
educational services?**
:::

::: Definition
Yes. As with other public schools, if a charter school is identified as
in need of improvement for two or more years, then students from
low-income families who are enrolled in the school are eligible to
receive supplemental educational services. A charter school that is its
own LEA must pay for such services on the same basis as any other LEA.
Also, charter school LEAs that are identified for improvement but are
unable to enter into cooperative agreements with other LEAs to accept
transferring students may make supplemental services available in the
first year of school improvement to eligible students.
:::

::: Definition
**C-4. How much must an LEA pay for supplemental educational services?**
:::

The law establishes a combined funding requirement for choice-related
transportation and supplemental educational services. Unless a lesser
amount is needed to meet demand for choice-related transportation and to
satisfy all requests for supplemental educational services, an LEA must
spend an amount equal to 20 percent of its Title I, Part A allocation,
before any reservations, on:

1.  Choice-related transportation;

> \(2\) Supplemental educational services; or

(3) A combination of (1) and (2).

These funds may come from Title I, other federal programs such as Title
V, Part A of ESEA, funds moved into these programs under the
"transferability" authorization, or State or local sources. This
flexible funding approach means that the amount of funding that an LEA
must devote to supplemental educational services depends in part on how
much it spends on choice-related transportation.

> If the cost of satisfying all requests for supplemental educational
> services exceeds an amount equal to 5 percent of an LEA's Title I,
> Part A allocation, the LEA may not spend less than that amount on
> those services. An LEA may also spend an amount exceeding 20 percent
> of its Title I, Part A allocation if additional funds are needed to
> meet all demands for choice-related transportation and supplemental
> educational services.

::: Definition
**C-5. Are there Department resources one can use to find more
information on the Title I supplemental educational services
provisions?**
:::

::: Definition
Yes. For more information please consult the Department's Title I
regulations at:
<http://www.ed.gov/legislation/FedRegister/finrule/2002-4/120202a.html>.
You may also wish to consult the non-regulatory guidance on supplemental
educational services at:
<http://www.ed.gov/policy/elsec/guid/suppsvcsguid.doc>.
:::

::: Definition
**D. Charter Schools and Corrective Action**
:::

::: Definition
**D-1. Does NCLB give either States or authorizers the authority to
reorganize a charter school's management and enforce other corrective
actions?**
:::

::: Definition
Yes. As with other public schools, charter schools that are unable to
make AYP by the end of the second full school year after identification
are placed under corrective action according to Section 1116(b)(7)(C) of
ESEA. NCLB gives the appropriate entity under state law (see A-2) the
responsibility to reorganize a charter school's management or take other
corrective actions, consistent with State charter law and the State's
accountability plan for its charter schools. State charter law would
determine if this requires the charter school to modify its charter
contract.
:::

::: Definition
**D-2. Under the "corrective action" provisions, NCLB allows LEAs to
convert low-performing Title I schools into charter schools. How might a
State explain the manner in which this provision would be implemented?**
:::

::: Definition
If a State's charter school law allows public schools to convert to
charter status, a State's Title I accountability plan may explain how
the process of converting schools identified for corrective action to
charter schools would work. The accountability plan might also identify
the entities that will be expected to authorize such charters and
explain whether these entities have discretion in extending the
contracts for these charter schools.
:::

E. Qualifications of Teachers and Paraprofessionals

E-1. In general, what are the "highly qualified teacher" requirements
under NCLB?

Sections 1119(a) and 9101(23) of ESEA, as reauthorized by NCLB,
establish requirements for the qualifications of teachers who teach a
"core academic subject[^2]." In general, in order to be considered
"highly qualified," a teacher must:

-   Have obtained full State certification as a teacher or passed the
    State teacher licensing examination and hold a license to teach in
    the State, and may not have had certification or licensure
    requirements waived on an emergency, temporary, or provisional
    basis:

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-   Hold a bachelor's degree; and

-   Have demonstrated subject matter competency in each of the academic
    subjects in which the teacher teaches, in a manner determined by the
    State.

> Under the law, all teachers hired after the first day of the 2002-2003
> school year to teach core academic subjects in a program supported
> with Title I, Part A funds must be highly qualified. In addition, as a
> condition of receiving Title I, Part A funds, each State must ensure
> that all elementary and secondary school teachers of core academic
> subjects in the public schools of the State are highly qualified by
> the end of the 2005-2006 school year.
>
> For more information on these requirements, see Section C of the
> Department's nonregulatory guidance on the Improving Teacher Quality
> State Grants program (Title II, Part A), available at
> http://www.ed.gov/programs/teacherqual/guidance.doc, and information
> on additional flexibility available to schools and local educational
> agencies in meeting these provisions, which is available at
> http://www.ed.gov/nclb/methods/teachers/hqtflexibility.html

**E-2. What qualifications do teachers in charter schools have to meet
under NCLB?**

::: Definition
The law provides that a teacher who teaches core academic subjects in a
charter school meets the certification requirement if he or she meets
the requirements set forth in a State's charter school law regarding
certification or licensure *\[Section 9101(23)(A)(i)\]*. Thus, a teacher
in a charter school does not have to be licensed or certified by the
State if the State's charter law does not require such licensure or
certification. All other elements of the "highly qualified teacher"
requirement apply to charter school teachers in the same way, and on the
same timeline, that they apply to teachers in traditional public
schools.
:::

::: Definition
**E-3. What qualifications do charter school paraprofessionals have to
meet?**
:::

::: Definition
Paraprofessional aides hired to work in programs supported with Title I,
Part A funds must have a high school diploma or its recognized
equivalent. Except for paraprofessionals who act as translators or
conduct parent involvement activities, they must also have completed at
least two years of study at an institution of higher education, possess
at least an associate's degree, or demonstrate subject-matter competence
through a formal State or local assessment *\[Section 1119(c)-(e)\]*.
Note that this requirement applies only to paid paraprofessionals and
not to parents or other volunteers. In addition, the Department's
regulations clarify that the term "paraprofessional" applies only to
individuals who provide instructional support and not to school staff
who have only non-instructional duties (e.g., providing technical
support for computers, providing personal care services to students,
carrying out clerical functions) *\[34 C.F.R. Section 200.58(a)(2)\].*
:::

::: Definition
These provisions of the law apply to charter schools in the same manner
that they apply to traditional public schools.
:::

::: Definition
**E-4. When must paraprofessionals meet these requirements?**
:::

::: Definition
The paraprofessional qualifications requirements apply immediately to
all paraprofessionals hired to work in Title I programs after the
enactment of NCLB (January 8, 2002). Paraprofessionals hired prior to
the enactment of NCLB must meet the requirements by January 8, 2006.
:::

::: Definition
For additional information on the paraprofessional requirements, see the
Department's non-regulatory guidance at
http://www.ed.gov/policy/elsec/guid/paraguidance.doc.
:::

::: Definition
**E-5. If a charter school does not accept Title I funds, must it comply
with these requirements for paraprofessionals?**
:::

::: Definition
No, these requirements are applicable only to paraprofessionals working
in Title I programs.
:::

::: Definition
**E-6. Must charter school LEAs reserve a portion of their Title I funds
for professional development if they currently meet the "highly
qualified" requirements for charter school teachers and the new
requirements for paraprofessionals?**
:::

::: Definition
No. Section 1119(l) of ESEA requires all LEAs, including charter school
LEAs, to spend between 5 and 10 percent of their Title I allocations on
professional development to help all teachers meet the new requirements
by the end of the 2005-06 school year. If all teachers and
paraprofessionals in a charter school LEA have met these requirements,
the funds do not need to be reserved for professional development.
:::

::: Definition
**E-7. Which entity is responsible for ensuring that charter schools
comply with NCLB's charter school teacher quality requirements?**
:::

::: Definition
As discussed in Item A-2 of this guidance, Section 1111(b)(2)(K) of ESEA
requires that responsibility for charter school accountability be
determined by individual State charter laws. This generally means that
the charter authorizer bears primary responsibility for holding charter
schools accountable for Title I, Part A provisions (including the
teacher quality requirements) unless State law specifically gives the
SEA direct responsibility for charter school accountability. We do not
expect the LEA in which the charter school is located to be this entity,
unless it is also the charter authorizer.
:::

[^1]: The amount was two percent in the two previous years.

[^2]: The core academic subjects are English, reading or language arts,
    mathematics, science, foreign languages, civics and government,
    economics, arts, history, and geography.