Dear Colleague:

In celebrating International Education Week a few months ago, I shared            the U.S. Department of Education's commitment to putting the "world"            back into "world-class" education. We need to continue to            build our relationships with those in other countries in order to equip            the children in our nation's public schools with the skills and knowledge            they will need to be responsible members of the world community.

The Department has learned of some concern that the "highly qualified"            teacher requirements of the Elementary and Secondary Education Act,            as reauthorized by the No Child Left Behind Act (NCLBA), seem to limit            participation in international teacher exchange programs. We at the            Department value these programs and understand how strongly they support            and complement the following four policy priorities I announced during            International Education Week:

> · Increasing U.S. knowledge and expertise about other regions,              cultures, languages, and international issues;
>             · Sharing with other countries information about U.S. education              policies and practices, providing leadership on education issues,              and working with international partners on initiatives of common benefit;
>             · Learning more about the effective practices and policies              of other countries in order to improve teaching and learning in the              United States; and
>             · Supporting U.S. foreign and economic policy by strengthening              relationships with other countries and promoting U.S. education.

The NCLBA sets a high standard for all students and for ensuring the            quality of teachers. In particular, the requirement in section 1119            of the Elementary and Secondary Education Act (ESEA) that teachers be            highly qualified, as defined in section 9101(23) of ESEA helps to ensure            that all teachers of core academic subjects, whether they are recruited            and hired from within the United States or from another country, have            the content knowledge and teaching skills needed to enable all students            to succeed. Under the statute, the term "core academic subjects"            means English, reading, or language arts, mathematics, science, foreign            languages, civics and government, economics, arts, history, and geography.            These requirements apply currently to teachers hired after the beginning            of the 2002-2003 school year who teach in a Title I program, and will            apply to all teachers of core academic subjects by the end of the 2005-2006            school year.

The following information explains how school districts may continue            to hire and employ visiting teachers from other countries while being            consistent with the statutory requirements that define a highly qualified            teacher.

Bachelor's Degree

The reauthorized ESEA requires that, among other things, in order to            be considered "highly qualified," a teacher must hold a bachelor's            degree. A foreign teacher will have met this requirement if he or she            has received a degree from a foreign college or university that is at            least equivalent to a bachelor's degree offered by an American institution            of higher education (IHE).

Full State Certification or Licensure

Section 9101(23)(A)(ii) of the ESEA does not permit teachers who are            hired through a provisional or temporary waiver of State certification            or licensure requirements to be considered "highly qualified"            teachers. However, in examining the credentials of prospective visiting            international teachers, States may find that these teachers can readily            meet existing certification or licensure requirements (including those            that govern testing). Each State continues to have full authority to            define and enforce its own requirements that teachers must meet in order            to receive full State certification or licensure. Therefore, States            whose local educational agencies (LEAs) employ visiting international            teachers may consider establishing, for these individuals, a separate            category of full certification that would differ from emergency or provisional            certification in that the State would not be waiving any training, experiential,            or other requirements, but would adapt those requirements to fit the            circumstances applicable to foreign teachers.

Moreover, given the desire to permit LEAs to recruit and hire international            teachers for the upcoming 2003-2004 school year, a State also may want            to establish full State certification requirements tailored to international            teachers, to address (1) the needs of LEAs within the State, and (2)            its responsibility to ensure that visiting teachers have the knowledge            and skills to warrant State certification. Consistent with State procedures,            a State may adopt these types of certification requirements for the            upcoming year on an interim basis, provided that the State is satisfied            that the international teachers that would be certified are as qualified            to teach their subjects as other certified teachers. This approach would            be particularly useful for States and districts that employ, for no            more than three years, international teachers who come to this country            on a "J-1" visa.*

Competency in Subject Knowledge and Teaching Skills

The definition of a "highly qualified" teacher in section            9101(23) of the ESEA is very specific about the ways in which a teacher            may demonstrate subject knowledge and teaching skills. All experienced            teachers (i.e., teachers who are not new to the field, and thus have            previously taught in elementary, middle, or high schools), whether recruited            from within the United States or from abroad, may demonstrate the required            subject competency and teaching skills either by passing a rigorous            subject-matter competency test in each core academic subject they will            teach or by demonstrating competency in each core academic subject on            the basis of a "high, objective, uniform, State standard of evaluation."            In addition, middle or high school teachers may demonstrate this competency            by having majored in the course of study or through other identified            ways. These options are discussed below.

1. Academic Proficiency:

> Middle and high school teachers. Section 9101(23)(B)(ii)(I)              and (II) permit a State's new or experienced middle and high school              teachers to demonstrate the required subject-matter competency through              "successful completion, in each of the academic subjects in which              the teacher teaches, of an academic major, a graduate degree, [or]              coursework equivalent to an undergraduate academic major." [The              law also permits these teachers to demonstrate competency by attaining              advanced certification or recredentialing, but this may not be relevant              to international teachers.] Therefore, international teachers who              have successfully completed at least an academic major or coursework              equivalent to that major, in the subject(s) they plan to teach in              U.S. schools, have demonstrated the required subject-matter competency              and teaching skills that the NCLBA requires.

2. Subject-Matter Competency Tests:

> Middle and high school teachers. Prospective international              teachers who did not major in the subject(s) that they would be hired              to teach in U.S. schools would need to take and pass a rigorous State              test in the subject(s) they would teach [unless they are able to demonstrate              competency through the "high objective uniform State standard              of evaluation" (see below)]. However, States have flexibility              to determine whether to adopt, for these international teachers, the              rigorous subject tests that these teachers have passed in their own              countries as "State tests" for purposes of section 9101(23).
>           Elementary school teachers. The law does not permit elementary              school teachers to demonstrate the required subject competency and              teaching skills on the basis of the completion of academic coursework              (or by advanced certification or recredentialing). Section 9101(23)(B)(i)(II)              requires a State's new elementary school teachers to demonstrate the              required subject competency and teaching skills by "passing a              rigorous State test  in reading, writing, mathematics, and other              areas of the basic elementary school curriculum." Elementary              school teachers who are not new to the profession also may demonstrate              competency through the "high objective uniform State standard              of evaluation" (see below).

3. High Objective Uniform State Standard of Evaluation:

> Section 9101(23)(C)(ii) of ESEA permits any experienced teacher,              without regard to grade level or location in which the teacher has              previously taught, to demonstrate subject competency and teaching              skills on the basis of a "high objective uniform State standard              of evaluation" that:
>           · Is set by the State for both grade-appropriate academic              subject matter knowledge and teaching skills; 
>             · Is aligned with challenging State academic content and student              academic achievement standards and developed in consultation with              core content specialists, teachers, principals, and school administrators;              
>             · Provides objective, coherent information about the teacher's              attainment of core content knowledge in the academic subjects in which              a teacher teaches; 
>             · Is applied uniformly to all teachers in the same academic              subject and teaching in the same grade level throughout the State;              
>             · Takes into consideration, but is not based primarily on,              the time the teacher has been teaching in the academic subject;
>             · Is made available to the public upon request; and 
>             · May involve multiple, objective measures of teacher competency.

While many States are only beginning to explore how the "high            objective uniform State standard of evaluation" can be used to            measure competency, States may be able to find reasonable ways to apply            this standard to international teachers. Moreover, as States move forward            in this area, I want you to know that Department staff are already working            to help find ways in which States may use the standard to determine            whether international teachers have the requisite competency in subject            knowledge and teaching skills. We expect to provide information on this            to you in the near future.

Regardless of the methods States and LEAs adopt to determine whether            international teachers have the subject-matter competency and teaching            skills required to teach in U.S. schools, LEAs and appropriate State            agencies should ensure that they have documentation to confirm that            these teachers meet the NCLBA requirements for highly qualified teachers.            Agencies that engage in recruiting international teachers can play an            important role in helping them to do so by furnishing LEAs with the            documentation that they need.

In closing, let me reiterate the Department's commitment to providing            a rigorous K-12 education that embraces international perspectives and            to the international teacher exchange programs that significantly contribute            to accomplishing this goal. The Department is dedicated to working with            States and LEAs to ensure that these programs continue and contribute            to helping ensure that no child is left behind.

|                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  | Sincerely,
          /s/
          Rod Paige
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|* A "J-1" visa is a type of visa provided            to a foreign visitor who "is a bona fide student, scholar, trainee,            teacher, professor, research assistant, specialist, or leader in a field            of specialized knowledge or skill, or other person of similar description,            who is coming temporarily to the United States as a participant in a            program designated by the Director of the United States Information            Agency" in accordance with section 101(a)(15)(J) of the Immigration            and Nationality Act. (Return to text)

|Last Modified: 08/26/2003
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