August 08, 2008
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NLCB Recommendation #45


SUBJECT
Highly Qualified Teacher Determinations:
Supplemental Educational Services Providers

P.L. 107-110 PROVISIONS
TITLE IX PART A SEC. 1116(e)(12)

NSBA RECOMMENDATION
#45: Instructional personnel of core academic subjects employed by supplemental educational services providers should be held to the same Highly Qualified Teacher requirements as public school educators.

RATIONALE
NCLB’s Highly Qualified Teacher requirements should be consistently applied to recipients of federal funding, including SES providers. If the highly qualified provisions are considered a minimal standard for teachers of core subjects, instructors with SES providers need to meet that standard to help ensure that students who need further academic assistance are receiving it from qualified instructors.

PROPOSED BILL LANGUAGE
Section 1116(e)(12) is amended:
In subparagraph (B) –
In clause (ii), by striking “and” at the end;
By adding at the end the following new clause:
“(iv) provides supplemental educational services by individuals who are highly qualified to the same extent and in the same manner as a teacher under section 9101(23) with respect to the student receiving such services; and”.

IMPACT OF CURRENT LAW
Under current law, up to 20 percent of Title I funding that could be used in public schools to improve student achievement must go to supplemental education services (SES) providers. It is critical for participating students, and their public school – which faces additional sanctions if it does not make AYP in future years – that SES-provided instruction is effective. Currently, SES instructional personnel are not held to the same standards required of public school teachers of core academic subjects. This inconsistency in NCLB jeopardizes the ability of SES providers to offer effective instruction and undermines the credibility of the Highly Qualified Teacher requirements that public school teachers around the country are attempting to fulfill.

NSBA CONTACT
Marc Egan, director of federal affairs, 703-838-6707 or megan@nsba.org.