RULES AND REGULATIONS
Title 22--EDUCATION
DEPARTMENT OF EDUCATION
[22 PA. CODE CH. 403]
Compliance with the No Child Left Behind Act of 2001
[32 Pa.B. 6359] The Department of Education (Department) amends Chapter 403 (relating to compliance with the No Child Left Behind Act of 2001) to add the definitions and sections to read as set forth in Annex A.
Contact Person
Questions regarding these standards should be directed to Dr. Frances Warkomski, Director of the Bureau of Special Education, Department of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 783-2311.
Effective Date
The standards will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The Department acts under the authority of section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P. S. § 26-2603-B(d)(10)(i)) (code), which was added by section 31 of the act of June 29, 2002 (P. L. 524, No. 88) (Act 88). Section 2603-B(d)(10)(i) of the code empowers the Department, with the approval of the State Board of Education (State Board), to adopt standards to comply with the No Child Left Behind Act of 2001 (NCLB) (Pub. L. No. 107-110, 115 Stat. 1425) to maintain the eligibility of the Commonwealth to receive Federal funding for education programs. Under section 2603-B(d)(10)(i) of the code, the State Board must approve or disapprove the standards within 30 days of submission to its office or at its next scheduled meeting, whichever is sooner. Failure of the State Board to approve or disapprove the standards within the time prescribed results in the standards proposed by the Department being deemed approved.
Standards promulgated by the Department under section 2603-B(d)(10)(i) of the code shall be deposited with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, see section 2603-B(d)(10)(ii) of the code, but are exempt from the following laws:
(a) Sections 201--205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201--1205), known as the Commonwealth Documents Law.
(b) Section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)).
(c) The Regulatory Review Act (71 P. S. §§ 745.1--745.14).
In light of these exemptions and the express approval of the State Board, the Department is depositing these standards for publication as final-form.
Description of Process
On November 13, 2002, the Department presented to the State Board two sets of proposed standards necessary to comply with NCLB. On November 13, 2002, a special committee of the State Board established to work with the Department in the development and review of standards necessary to comply with the NCLB conducted a public meeting to review and discuss the standards proposed by the Department and to receive public comment on the proposal.
At the regular business meeting of the State Board held November 14, 2002, the Secretary of Education made a detailed presentation explaining the Department's proposed standards. At its November 14, 2002, meeting, the State Board publicly voted to approve the proposed standards presented by the Department. On November 14, 2002, the Chairperson of the State Board signed two resolutions delineating the standards. Those resolutions were published at 32 Pa.B. 6030 (December 7, 2002).
Background and Need for Standards
On January 8, 2002, President George W. Bush signed NCLB into law. The NCLB, inter alia, amends Titles I and III of the Elementary and Secondary Education Act of 1965 (ESEA) (Pub. L. No. 89-10, 79 Stat. 27) (Improving the Academic Achievement of the Disadvantaged) (20 U.S.C.A. §§ 6301--6578 and 6801--7014). The purpose of Title I is to ensure that all children have the opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State achievement standards and academic assessments. In furtherance of this purpose, Title I provides grants to State education agencies and subgrants to local education agencies. To remain eligible for funding under Title I, State and local education agencies shall comply with the NCLB.
Section 1119(a) of Title I, as added by the NCLB (20 U.S.C.A. § 6319(a)), requires that, beginning with the 2002-2003 school year, all newly hired teachers supported with Title I funds are highly qualified. Section 1119(a) of Title I further provides that by the end of the 2005-2006 school year each state shall ensure that all teachers teaching in core academic subjects are highly qualified.
Section 1119(f) of Title I requires that all Title I funded instructional paraprofessionals hired by a local educational agency (LEA) must hold a high school diploma or GED. Section 1119(c) of Title I requires that all Title I funded instructional paraprofessionals hired by an LEA after January 8, 2002, hold an associate's degree or have completed at least 2 years of study at an institution of higher education or meet a rigorous standard of quality demonstrated by means of a state or local assessment. Section 1119(d) of Title I requires that all Title I funded instructional paraprofessionals hired by an LEA prior to January 8, 2002, hold an associate's degree, have completed at least 2 years of study at an institution of higher education or meet a rigorous standard of quality demonstrated by means of a state or local assessment requirements by January 8, 2006.
Description of Standards
The standards proposed by the Department and approved by the State Board affirm the use of flexibility in the current certification system and approve additional certification avenues designed to provide new routes for becoming certified to teach in this Commonwealth. More specifically, the standards support the continued use of the intern certificate to provide flexible and accelerated pedagogical training and the structuring of the student teaching semester to include assessments of pedagogical skills in lieu of a written test. In regard to additional certification avenues, the standards provide that: 1) individuals holding Pennsylvania instructional certificates are eligible to add additional subject areas to existing certificates by means of satisfactory performance on an appropriate subject-matter test or tests; 2) individuals certified in other states who have 3 years of teaching experience in another state during the 7 years immediately prior to application are eligible to obtain Pennsylvania certification without meeting further academic and testing requirements; and 3) those individuals completing a Board approved National teacher-training program are eligible to obtain Pennsylvania certification without meeting further academic and testing requirements.
The standards also establish that the Department will develop a process for reviewing local assessments designed to determine whether Title I funded instructional paraprofessionals demonstrate the rigorous standard of quality required by NCLB.
Fiscal Impact
These standards are necessary to ensure that the State and its local educational agencies remain eligible to receive Federal funding under Titles I and III of ESEA. The standards will not result in new costs to the State, as the Department will continue to access State Title I funds. In addition, Title II of the Higher Education Act of the ESEA (Flexibility and Accountability), as amended by the NCLB, provides grants for professional development activities needed to implement certification programs designed to assure that educators are highly qualified. The standards may result in costs to some teachers, particularly those in middle school, who may be required to obtain an additional area of certification. However, the standards provide a method for obtaining additional areas of certification by means of subject testing instead of the traditionally required teacher preparation program, which may be more costly.
School districts may incur some cost to administer and score assessments used to determine whether Title I funded instructional paraprofessionals demonstrate the rigorous standards of quality required by the NCLB. Costs associated with these local assessments will be funded through the Federal funds as required by the NCLB.
Paperwork Requirements
The additional paperwork requirements resulting from these standards are minimal and mandated by the NCLB.
Regulatory Review
Under section 2603-B(d)(10)(iii) of the Public School Code of 1949, these standards are exempt from the Regulatory Review Act.
Findings
The Department finds that:
(1) Proposed rulemaking in advance of the promulgation of standards is not required under section 2603-B(d)(10)(iii)(A) of the code, added by section 31 of Act 88, which expressly provides that the standards are exempt from the requirements of sections 201--205 of the Commonwealth Documents Law.
(2) The State Board approved the proposed standards by public vote at its November 14, 2002, meeting.
(3) The promulgation of these standards is necessary for compliance with the NCLB.
Order
The Department, acting under the authorizing statute, orders that:
(a) The standards of the Department, 22 Pa. Code Chapter 403, are amended by amending § 403.2; and by adding §§ 403.4 and 403.5 to read as set forth in Annex A.
(b) The Secretary of Education will certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) The order shall take effect upon publication in the Pennsylvania Bulletin.
CHARLES B. ZOGBY,
SecretaryFiscal Note: 6-285. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART XVI. STANDARDS
CHAPTER 403. COMPLIANCE WITH THE NO CHILD LEFT BEHIND ACT OF 2001 § 403.2. Definitions:
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AYP--Adequate yearly progress as defined by section 1111(b)(2)(C) of Title I (20 U.S.C.A. § 6311(b)(2)(C)), added by NCLB.
Associate's degree--Associate's degree as described in § 31.21(b)(1) (relating to curricula).
Core academic subjects--Core academic subjects as defined by section 9101(11) of the ESEA (20 U.S.C.A. § 7801(11) (relating to definitions)), as amended by the NCLB.
Department--The Department of Education of the Commonwealth.
ESEA--The Elementary and Secondary Education Act of 1965 (20 U.S.C.A. §§ 6301--7941), as amended by the NCLB.
Highly qualified elementary teacher-- Highly qualified elementary teacher as defined by section 9101(23) of the ESEA (20 U.S.C.A. § 7801(23)), as amended by the NCLB.
Highly qualified middle or secondary teacher--Highly qualified middle or secondary teacher as defined by section 9101(23) of the ESEA (20 U.S.C.A. § 7801(23)), as amended by the NCLB.
Institution of higher education--Institution of higher education as defined by section 9101(24) of the ESEA (20 U.S.C.A. § 7801(24)).
LEA--A local educational agency.
NCLB--The No Child Left Behind Act of 2001 (Pub. L. No. 107--110, 115 Stat. 1425) (20 U.S.C.A. §§ 6053e, 6054b, 6055h, 6056a, 1041--1044, 3427 and 6052).
PSSA--The Pennsylvania System of State Assessment.
Public School Code--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
State Board--The State Board of Education of the Commonwealth.
Title I--Title I of the ESEA (20 U.S.C.A. §§ 6301--6578), as amended by the NCLB.
Two years of study at an institution of higher education--Completion of 48 credits at an institution of higher education.
§ 403.4. Highly qualified teachers.
(a) Requirements of NCLB. With the exception of teachers teaching in a public charter school who are exempt from certification under section 1724-A of the Public School Code of 1949 (Public School Code) (24 P. S. § 17-1724-A):
(1) Section 1119(a) of Title I (20 U.S.C.A. § 6319(a) (relating to teacher qualifications and measurable objectives)), added by the NCLB, requires LEAs receiving assistance under the NCLB to ensure that, beginning with the 2002-2003 school year, all newly hired teachers supported with Title I funds are highly qualified.
(2) Section 1119(a) of Title I, added by NCLB, requires each state to ensure that all teachers teaching in core academic subjects within the state are highly qualified by the end of the 2005-2006 school year.
(b) Current certification system.
(1) The Department may continue to utilize the intern certification program described in Chapters 49 and 354 (relating to certification of professional personnel; and preparation of professional educators), which culminates in the issuance of an Instructional I Certificate (see §§ 49.91, 49.92 and 354.24(5) and (6) (relating to criteria for eligibility; term of validity; and academic performance)) to provide flexible and accelerated pedagogical training to teachers who have demonstrated competency in a subject area, provided that the first year of teaching includes intensive supervision by an approved institution.
(2) In accordance with Chapter 49, the student teaching semester may be structured to include assessment of the pedagogical skills of teacher candidates in lieu of the Principles of Learning assessment currently used to assess professional knowledge and practice.
(c) Additional certification avenues. Provided that at the time of application for Pennsylvania instructional certification, the applicant satisfies the basic certification requirements of the Public School Code (see 24 P. S. §§ 11-1109, 12-1202 and 12-1209 (relating to qualifications; State certificates; and disqualifications)), and all other requirements in Chapters 49 and 354 which are not contrary to paragraphs (1)--(3):
(1) Teachers holding an Instructional I certificate issued under the Public School Code (24 P. S. §§ 1-101--14-1411) may add an instructional area to the certificate by passing an appropriate content area test in the area to be certified without meeting further academic and testing requirements.
(2) Teachers certified to teach in other states who have completed 3 years of teaching experience during the 7 years immediately prior to application, all of which has been satisfactory, may be certified to teach in this Commonwealth without meeting further academic and testing requirements.
(3) Teachers successfully completing a National teacher-training program approved by the State Board that requires a candidate to demonstrate mastery of the subject area to be taught and professional knowledge needed for classroom effectiveness may be certified to teach in this Commonwealth without meeting further academic and testing requirements.
(i) To the extent that the approved National teacher-training program involves a classroom teaching component requiring certification, the Department may issue an intern certificate to the teacher for use during the program.
(ii) The American Board for Certification for Teacher Excellence and Teach for America were approved by the State Board by means of resolution on November 14, 2002. See 32 Pa.B. 6030 (December 7, 2002).
(iii) National teacher-training programs identified for State Board consideration after December 28, 2002, may be approved by State Board resolution without the need to amend this chapter.
§ 403.5. Paraprofessionals.
(a) Requirements of NCLB.
(1) Section 1119(f) of Title I (20 U.S.C.A. § 6319(f)) added by NCLB, requires that all Title I funded instructional paraprofessionals hired by an LEA to hold a high school diploma or GED.
(2) Section 1119(c) of Title I (20 U.S.C.A. § 6319(c)), added by NCLB, requires that all Title I funded instructional paraprofessionals hired by an LEA after January 8, 2002, to have one of the following:
(i) An associate's degree.
(ii) Completed at least 2 years of study at an institution of higher education.
(iii) Met a rigorous standard of quality demonstrated through a state or local assessment.
(3) Section 1119(d) of Title I (20 U.S.C.A. § 6319(d)) requires that all Title I funded instructional paraprofessionals hired by an LEA prior to January 8, 2002, meet the requirements of paragraph (2) by January 8, 2006.
(b) Local assessments.
(1) To accomplish the mandates described in subsection (a)(2)(iii), LEAs may utilize a local assessment.
(2) The Department will develop a process for reviewing local assessments to determine that they satisfy the requirements of the NCLB.
[Pa.B. Doc. No. 02-2310. Filed for public inspection December 27, 2002, 9:00 a.m.]
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