Title 5, NCLB Teacher Requirements

Title 5. Education
Division 1. California Department of Education
Chapter 6. Certified Personnel

Subchapter 7. No Child Left Behind Teacher Requirements
Article 1. General

§6100. Definitions.

For purposes of No Child Left Behind (NCBL) Teacher Requirements, the following deviations shall apply:

1. "Advanced Certification” means a teacher who has achieved National Board Certification, or has completed the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS January, 2007) as defined in section 6105.
   
   
2. "Coursework Equivalent to Undergraduate Major” means thirty-two non-remedial semester units in a particular discipline from an accredited institution of higher education shall constitute coursework equivalent to an undergraduate.
   
   
3. "Credential” means a Preliminary, Professional Clear or Life Credential, or any teaching credential issued under prior statutes, that authorizes a person to teach in California K-12 schools.
   
   
4. "Elementary, Middle and High School” means the local educational agency shall determine, based on curriculum taught, by each grade or by each course, if appropriate, whether a course is elementary, middle or high school.
   
   
5. "First Day of School” is the first day of school that students report to the school per the district school calendar.
   
   
6. "Grade Span”: The local educational agency shall determine, based on curriculum taught, which grades shall be included in the elementary, middle, or high school grade spans.
   
   
7. "Hard-to-Staff Setting” means a middle or high school SRSA classroom, a middle or high school special education classroom, or a middle or high school alternative education program, as specified by California Education Code Section 44865. Alternative education programs as specified in California Education Code Section 44865 are limited to the following: home teacher, hospital classes, necessary small high schools, continuation schools, alternative schools, opportunity schools, juvenile court schools, county community schools, and district community day schools.
   
   
8. "Hired” means a teacher is hired when they accept employment at the school district. The date a teacher is hired is not affected by a change of assignments or schools within the district. The date a teacher is hired in a district does not affect a teacher's "new" or "not new" to the profession.
   
   
9. "International Teacher” means a credentialed teacher prepared in a country other than the United States.
   
   
10. "Level 1 Professional Development” means training that will provide a teacher the requisite understanding of each set of Content Standards for California Public Schools as outlined in the corresponding Framework for California Public Schools: Kindergarten through Grade Twelve. At least 36 hours in the core subject for which the teacher is being certified is required to substantively address subject matter content at this level.
    
    
11. "Level 2 Professional Development” means training that will provide a teacher a more in-depth understanding than was provided in Level 1 of each set of the grades seven through twelve Content Standards for California Public Schools as outlined in the corresponding Framework for California Public Schools: Kindergarten through Grade Twelve from an advance standpoint. At least 36 hours in the core subject for which the teacher is being certified is required to substantively address subject matter content at this level.
    
    
12. "SRSA” means Small Rural Schools Achievement Program as defined in the Elementary and Secondary Act of 1965, as amended, Title VI, Part B.
    
    
13. "Teacher New to the Profession” means a teacher is new to the profession if they have graduated from an accredited institution of higher education and received a credential, or began an approved intern program, on or after July 1, 2002 .
    
    
14. "Teacher Not New to the Profession” means a teacher is not new to the profession if they graduated from an accredited institution of higher education and received a credential, or were enrolled in, or had completed, an approved intern program before July 1, 2002.

NOTE: Authority cited: Section 12001, Education Code. Reference: 20 USC 6319(a) and 7801(23); Section 44275.4, Education Code; Elementary and Secondary Act of 1965, as amended, Title VI, Part B; Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance January 16, 2004 and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.

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§6104. High Objective Uniform State Standard Evaluation (HOUSSE).

1. The high objective uniform state standard evaluation shall consist of HOUSSE Part 1 and HOUSSE Part 2.

   1. HOUSSE Part 1 shall be a summation of:
      
      
   1. Years of experience teaching in the grade span or subject. In no event shall years of experience account for more than half of the total points necessary to demonstrate subject matter competency.
      
      
   2. core academic coursework in assigned grade span or subject,
      
      
   3. in-depth standards aligned professional development, and
      
      
   4. service to the profession including but not limited to presenter or consultant of core content area standards-based professional development; core subject-matter mentor; academic curriculum coach; university supervising master teacher; instructor at a regionally accredited college/university in content area/content methodology; Beginning Teacher Support and Assessment support provider in the core content area; published author on core curriculum area; national/state recognition as “Outstanding Educator” in content area/grade span; leadership role in the core content area on a high school accreditation team; facilitator or leader of a local instructional materials adoption committee in the core subject taught.
      
      
2. HOUSSE Part 2 shall consist of direct observation and portfolio assessment in the grade span or subject taught. HOUSSE Part 2 will only be conducted if HOUSSE Part 1 does not identify sufficient experience, coursework, professional development or service to demonstrate subject matter competence.
   
   
2. The high objective uniform state standard evaluation observation and portfolio section (HOUSSE Part 2) may be conducted at the time and by the means utilized to satisfy Education Code Section 44662, except that: (1) subject matter shall be defined as the State Academic Content Standards adopted by the State Board of Education pursuant to Education Code Section 60605 for the grades and subjects taught, and (2) competency shall be demonstrated by satisfactorily meeting standards 3 and 5.1 of the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing pursuant to Education Code Section 44225(a). The demonstration of subject matter competence shall include one or more of the following:
1. Classroom observation
2. Demonstration of knowledge of the appropriate grade-level and subject State Academic Content Standards, and
3. Portfolio review of lesson plans and student work for one academic period as defined by the teacher setting.
   
   
3. Local educational agencies shall conduct the California High Objective Uniform State Standard Evaluation (HOUSSE) by completing Form 1 - NCLB Teacher Requirements: Certificate of Compliance (revised December 2007), Form 2 - California High Objective Uniform State Standard of Evaluation, CALIFORNIA HOUSSE, Part 1 - Assessment of Qualifications and Experience (revised December 2007), and Form 3 - California High Objective Uniform State Standard of Evaluation, CALIFORNIA HOUSSE, Part 2 - Assessment of Current Qualifications through Classroom Observation and/or Portfolio Development (revised December 2007), as appropriate. Forms 1, 2, and 3 are hereby incorporated by reference into this section. Local education agencies may attach completed forms containing the same information as Forms 1, 2 and/or 3 to those forms rather than transcribing that information onto the applicable Form 1, 2, and 3.
   
   
4. A teacher's supervising administrator shall be responsible for overseeing the high objective uniform state standard evaluation, and shall consult, if necessary, with a person or persons knowledgeable in the State Academic Content Standards for the grade span or subject for which the teacher is demonstrating subject matter competency. A teacher must demonstrate subject matter competency only once for each grade span or subject taught.
   
   
5. If the teacher does not satisfactorily meet standards 3 and 5.1 of the California Standards for the Teaching Profession as part of the NCLB evaluation, then subject matter competency shall be demonstrated through completion of the Peer Assistance and Review Program for Teachers or other individualized professional development plan, pursuant to Education Code Section 44664, aimed at assisting the teacher to meet standards 3 and 5.1 of the California Standards for the Teaching Profession

NOTE: Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a); Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002; and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.

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§6105. Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings.

1. To use the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS, January 2007),  the teacher must be assigned a Hard-to-Staff Setting as defined in section 6100(g):
   
   1. Have at least a bachelors degree,
   2. Have an Intern Certificate/Credential for no more than three years, or a Credential, as defined in 6100(c).
   3. Have demonstrated compliance in one NCLB Core Academic Subject as defined in the NCLB (20 USC 9101[11]) including elementary multiple subjects.
      
      
2. f a teacher has less than 32 semester non-remedial units but at least 20 total or 10 upper division non-remedial semester units (or quarter unit-equivalent) in a NCLB core academic subject as defined in NCLB section 9101[11], the teacher must complete a Level 2 High Quality Professional Development Course as defined in section 6100(k) in the NCLB core academic subject. At least 36 hours is required to substantively address subject matter content at Level 2.
   
   
3. If the teacher has less than 20 total or 10 upper division non-remedial semester units (or quarter unit-equivalent) in an NCLB core academic subject, the teacher must complete a Level 1 High Quality Professional Development Course as defined in section 6100(j) and Level 2 High Quality Professional Development Course as defined in section 6100(k) in the NCLB core academic subject. At least 36 hours is required to substantively address subject matter content at Level 1. In addition, teachers must also complete the Level 2 requirements, which include at least an additional 36 hours.
   
   
4. To meet the high quality professional development specifications for the Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings, (VPSS, January 2007) the professional development will be consistent with state-adopted academic content standards, curriculum frameworks and adopted texts, and will incorporate the Assessment of Subject Matter Competency as outlined in the document California’s Subject Matter Verification Process for Middle and High School Level Teachers in Special Settings (VPSS, January 2007) .
   
   
5. Teachers have up to three years from date of assignment as an eligible teacher to complete the program.
   
   
6. The superintendent of any district/county shall attest that the professional development offered for Level 1 and Level 2 meets the subject matter specifications as outlined in section 6105(b), (c) and (d).
   
   
7. The district/county shall make the master list of approved Level 1 and Level 2 Professional Development available to the public upon request.

NOTE: Authority cited: Section 12001, Education Code. Reference: 20 USC 7801(23), 20 USC 6319(a); Improving Teacher Quality State Grants Title II, Part A Non-Regulatory Draft Guidance December 19, 2002; and Individuals with Disabilities Education Act (IDEA) of 2004 Federal Register of August 14, 2006.

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