Family & Community Alternative Education
Massachusetts Charter Schools

Technical Advisory 07-01 - AMENDED February 2011:
Teacher Qualifications in Massachusetts Charter Schools

1. The No Child Left Behind Act (NCLB), the Massachusetts Charter School Statute & Regulations, and the Massachusetts English Language Learner Statute

   The purpose of this advisory is to clarify and provide guidance about the requirements of No Child Left Behind (NCLB) and state statutes that address teacher qualifications in Massachusetts charter schools.

   The NCLB requires all students to be taught by highly qualified teachers (HQT) in core academic subjects. This federal requirement is in addition to the requirements of state statutes regarding charter schools and English language learners (ELL) and regulations regarding the professional qualifications of teachers in charter schools. This Technical Advisory is intended to clarify the requirements of NCLB; the charter school statute, M.G.L. c. 71, § 89; and the state statute governing the education of ELL students, M.G.L. c. 71A, as amended in 2002. It is not intended to be a detailed explanation of state and federal professional qualification requirements. School leaders and others are strongly encouraged to use the links embedded in the document for additional information.

   In the Commissioner's Memorandum of October 13, 2006 Update to the NCLB Highly Qualified Teacher (HQT) Requirements and District Action Steps for the Coming Year, school superintendents, charter school leaders and principals were informed about specific initiatives that will ensure the goals and requirements of Education Reform and the federal law are met; that is, to enable designation of all teachers of core academic subjects as highly qualified (HQ). This memorandum clarifies changes effective July 1, 2007, some of which apply to teachers in charter schools.1 The Commissioner's Memorandum of October 13, 2006 is available at http://www.doe.mass.edu/nclb/hq/101306memo.html.

   Meeting Federal and State Requirements
   NCLB requires all public school teachers of core academic subjects to be highly qualified. Core academic subjects are defined as English, reading/language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. In order to be considered HQ, non-charter public school teachers of core academic subjects must:

   • possess a bachelor's degree,
   • demonstrate subject matter competence in each of the core academic subjects they teach, and
   • possess an active and valid Massachusetts license to teach.

   Teachers in Commonwealth charter schools must meet all of the same requirements, except that of licensure. The licensure component of the federal HQ definition is waived for Massachusetts Commonwealth charter school teachers because it is not a requirement in accordance with the state charter school statute and regulations (M.G.L. c. 71, § 89 (qq) and 603 CMR 1.07). Teachers in Horace Mann charter schools are required by M.G.L. c. 71, § 38G to hold an appropriate Massachusetts teaching license because employees of a Horace Mann charter school are, for collective bargaining purposes, employees of a school district.

   An exception to the general rule that teachers in Commonwealth charter schools need not be licensed exists for English as a Second Language (ESL) teachers. Chapter 386 of the Acts of 2002, known as "Question 2", amended M.G.L c. 71A in July 2008. This provision requires all school districts, including Commonwealth charter schools, with ELL students to employ no less than one teacher who holds a license as an ESL, a Transitional Bilingual Education (TBE), or an ELL teacher. Therefore, at least one teacher of ELL students in Commonwealth charter schools with ELL students must hold one of these teaching licenses. 2

2. Highly Qualified Teachers, Charter Schools, and English Language Learners

   The Charter School Statute, M.G.L. c. 71, § 89, (ii), amended in 2010, states:

   No teacher shall be hired by a commonwealth charter school who is not certified pursuant to section 38G unless the teacher has successfully passed the state teacher test as required in said section 38G.

   Section 1.07 of the Charter School Regulations, 603 CMR 1.00, states:

   No teacher shall be hired by a commonwealth charter school who is not certified pursuant to section 38G unless the teacher has successfully passed the state teacher test as required in said section 38G.Charter school teachers hired after August 10, 2000 must either: (1) take and pass, within their first year of employment at a charter school, the Massachusetts Tests for Educator Licensure; or (2) be already certified to teach in Massachusetts.

   The English Language Learner Statute, M.G.L. c. 71A as amended in 2002, states:

   "Notwithstanding any general or special law to the contrary, each school district shall, within 5 years of the effective date of this act, have at least 1 teacher who is certified in English as a second language, bilingual education or other English language learners program under section 38G of chapter 71 or regulations promulgated thereto."

   The Massachusetts's charter school statute and regulations, which predate the authorization of NCLB and M.G.L. c. 71A as amended in 2002, allow non-certified (non-licensed) teachers, including special education teachers, to be employed by a Commonwealth charter school. Under the charter school regulations, teachers have the full first year of employment to take and pass the appropriate Massachusetts Tests for Educator Licensure (MTEL), the state's two-part testing program for licensure. Teachers are required to pass (1) a Communication and Literacy Skills test and (2) the relevant PreK-12 subject matter knowledge test(s).

   However, the timing in the charter school regulations (within the first year of employment) may not meet the NCLB requirement of designating all core academic teachers as HQ at time of hire. All school districts and charter schools are required to submit teacher data, including HQ status information, through the Education Personnel Information Management System (EPIMS). The Department of Elementary and Secondary Education (ESE) collects EPIMS data for school districts and charter schools in October, March, and June of each school year. Teachers who are hired and cannot yet be designated as HQ limit the charter school's capacity to demonstrate compliance with NCLB.

   1. Meeting the Standards

      In order to meet the HQ requirements, all teachers, including charter school teachers, must hold a bachelor's degree and demonstrate subject matter competence in the core academic subjects they teach. The options for demonstrating subject matter competence are outlined below with additional information on meeting the charter school statute. Please keep in mind that it is the expectation of the ESE that districts and charter schools provide documentation to educators regarding their HQ status. In addition, districts/charter schools must keep an attestation on file confirming the HQ status of their educators.

      1. Elementary teachers

         1. Elementary teachers who pass the MTEL General Curriculum subject matter knowledge test meet the federal HQ subject matter competency requirement. In March 2009, the General Curriculum test was redeveloped to include two separately scored subtests: the multi-subject subtest and the mathematics subtest.

         2. Kindergarten teachers who pass either the MTEL General Curriculum or the Early Childhood subject matter test meet the federal HQ subject matter competency requirement.

         3. Content area specialists teaching the core academic subjects of music, art, reading, and foreign language at the elementary level, are treated, for purposes of meeting federal HQ standards, the same as teachers of core academic subjects at the middle and secondary level. They must meet the HQ requirement for each core academic subject to which they are assigned. (See section 2 below for the information regarding options for middle and secondary teachers.)

         4. Available only to ESL/ELL and special education teachers: Massachusetts High Objective Uniform State Standard of Evaluation (MAHOUSSE). Note: MAHOUSSE is available only to special education and veteran ESL teachers (teachers with at least one year of teaching experience in ESL) who were HQ in mathematics, science, English or reading/language arts at the time of hire. (See description of 'MAHOUSSE' below.)

         Meeting the Charter School Statute
         Elementary teachers must also meet the requirements of the charter school statute and regulations. The statute and regulations require that all MTEL tests required for licensure be taken and passed within the first year of employment. For additional information on which tests are required, charter school leaders should refer to the MTEL subject matter test requirement chart provided on the MTEL website

      2. Middle and secondary teachers

         NCLB allows additional options for middle and secondary teachers to meet the HQT requirement. A middle or secondary teacher may demonstrate subject matter competency by meeting one of the following options:

         1. Passing the appropriate MTEL subject matter test(s) or;
         2. Possession of an academic major in the appropriate subject(s) or;
         3. Possession of a graduate degree in the appropriate subject(s) or;
         4. Successful completion of coursework equivalent to an undergraduate academic major in the appropriate subject(s) or;
         5. National Board Certification.

         Available only to ESL/ELL and special education teachers, the MAHOUSSE. Note: MAHOUSSE is available only to special education and veteran ESL/ELL teachers (teachers with at least one year of teaching experience in ESL) who were HQ in mathematics, science, English or reading/language arts at the time of hire. (See description of 'MAHOUSSE' below.)

         Meeting the Charter School Statute
         It should be noted that in order to satisfy the requirements of the charter school law and regulations, middle and secondary teachers must still pass the following MTEL tests within one year of employment: the Communication and Literacy Skills test and the relevant subject matter knowledge test(s), unless option (a) above was met. For additional information on which tests are required, charter school leaders should refer to the MTEL subject matter test requirement chart provided on the MTEL website.

      3. Requirements of teachers of non-core subjects

         Charter school teachers who do not teach a core academic subject (i.e., physical education, health, business, and instructional technology) do not have to meet the federal HQ requirements, but must continue to meet the requirements of the state charter school statute and regulations. This distinction allows these teachers, hired after August 10, 2000, to pass the appropriate two-part MTEL examinations within the first year of employment or to be already licensed to teach in Massachusetts.

      4. English as a second language/English language learner highly qualified teacher requirements

         ESL/ELL teachers at all levels, who teach ESL (also known as English language development) and core academic subjects as part of their teaching assignment are required to be HQ and meet the NCLB subject matter knowledge requirement. A provision in M.G.L., c. 71A, as amended in 2002, requires all school districts, including Commonwealth charter schools, with ELL students, to have no less than one teacher who holds either an ESL, a TBE, or ELL license.

         NCLB HQ requirements may be applied differently to ESL teachers, depending on the educational setting. An ESL teacher who teaches in a self-contained classroom and provides instruction to students outside of the general classroom will be expected to meet the HQ requirements for the core subjects that they teach in these settings, if and when the ESL teacher is the lead instructor in that content area. Conversely, if an ESL teacher is providing assistance to a student who is receiving primary content instruction from a HQ teacher, then the ESL teacher is not required to meet the NCLB HQ requirements, similar to the special education teacher working in a "consultative role." (See description of 'Special Education Instructional Arrangements and their Implications for Highly Qualified Teacher Requirements' below.)

   2. Meeting the Standards - Special Education

      1. Special Education Highly Qualified Requirements

         Changes to IDEA in 2004 (IDEA 2004) require that special education teachers of core academic subjects meet the same highly qualified standards as all teachers under NCLB. In accordance with IDEA 2004, all special education teachers, must demonstrate subject matter competency in order to be considered HQ. In addition, special education teachers teaching in Horace Mann charter schools must also be licensed. At the elementary level they must meet the same requirements as elementary teachers. At the middle and secondary levels, special education teachers can meet the HQ requirements in each subject taught through the same options available to non-special education teachers.

         The IDEA 2004 special education teacher qualifications requirements are complex, refer to the Electronic Code of Federal Regulations (e-CFR) website www.gpoaccess.gov/ecfr specifically Title 34, Section 300.18 titled Highly qualified special education teachers.

         Meeting the Charter School Statute
         To satisfy the state charter school statute and regulations, all charter school special education teachers must pass the state's two-part MTEL, which consists of the Communication and Literacy Skills test and the relevant subject matter knowledge test(s), within one year of employment.

      2. Definitions of Special Education Instructional Arrangements and their Implications for HQT Requirements

         1. Consultation: is a teaching arrangement in which the special educator provides support or consultation to the classroom teacher. The classroom teacher remains the primary instructor responsible for curriculum planning and student assessment. The special educator is not subject to the HQ requirements when he or she is providing consultative or case management services. The classroom teacher is expected to meet the HQ requirements for the core academic content taught. Such support may take many forms such as:

            • Providing guidance or modeling in instructional techniques, resources, or accommodations that will enable a particular student to succeed in the curriculum.
            • Instructing an individual or small group on a specific aspect of a core curricular area (e.g., conducting a reading or spelling group or providing one-on-one instruction in a specific basic skill area) with the classroom teacher retaining primary responsibilities for instruction in that core academic subject for that child.
            
            

         2. Team Teaching: is an instructional arrangement whereby a classroom teacher and special educator are jointly responsible for the primary instruction of a student or group of students including curriculum planning and student assessment. In a team teaching situation, at least one of the individuals in the partnership must meet the HQ requirements for each core academic area(s) being taught.

         3. Primary Instruction: is defined as one in which the special educator provides the primary instruction in any of the core academic subjects to one or more students, including planning and assessment of student performance in that content area. The instruction may take place in the regular classroom or outside it. This includes special educators who supervise paraprofessionals who provide primary instruction to special education students in one or more core academic subjects. The special educator must meet the HQ requirements for each core academic subject(s) taught.

   3. Massachusetts' High Objective Uniform State Standard of Evaluation (MAHOUSSE)

      1. Effective July 1, 2007, the ESE discontinued the use of the MAHOUSSE option for all teachers of core academic subjects who had not yet been determined to be HQ by their district, with the exception of teachers in the shortage areas of ESL/ELL and special education teachers. The MAHOUSSE option may be used by teachers from these categories to demonstrate subject matter competency requirements, so long as they are HQ in mathematics, science, English or reading/language arts at the time of hire. Additionally, ESL teachers must have at least one year of experience teaching ESL to be eligible for this option.

         Refer to the ESE's    Options for Demonstrating Subject Matter Competency and for technical assistance on the federal HQT, charter school leaders may contact hqthelp@doe.mass.edu.

      2. Paraprofessional Requirements
         In addition to the highly qualified requirements for teachers of core academic subjects, NCLB sets minimum credentialing standards for Title I paraprofessionals with instructional duties:

         1. high school diploma or equivalent; AND

         2. An Associate's (or higher) degree; OR

            • Completion of 48 credit hours at an Institution of Higher Education; OR
            • Completion of a formal Local Assessment Program that is aligned with ESE Guidelines (this is only an option for paraprofessionals hired before January 8, 2002); OR
            • Completion of one of the formal Massachusetts-endorsed Assessments: Parapro or WorkKeys.

      The work of all instructional paraprofessionals must be overseen by a HQ teacher.

      All paraprofessionals hired after January 8, 2002 must comply with these requirements as a prerequisite of employment. All paraprofessionals hired before that date must have met these standards by June 2007.

      Unlike the HQ teacher requirements, the new standards for paraprofessionals apply only to instructional paraprofessionals whose salaries are funded by Title I. In schools operating "schoolwide" Title I programs, that means every instructional paraprofessional in the school. In Title I 'targeted assistance' schools, these requirements apply only to paraprofessionals in the Title I program. The NCLB requirements for paraprofessionals apply to charter schools in the same manner as they apply to other public schools.

      Refer to the ESE's August 2003 Update Regarding the Formal Assessments of Instructional Paraprofessionals

      Refer to the ESE's July 2003 Paraprofessionals in Title I Programs: Implementation of NCLB's Paraprofessional Requirements.

3. Hiring Highly Qualified Teachers in Charter Schools

   The federal standard for hiring HQ teachers has changed the way in which charter schools might choose to address the hiring of core academic subject teachers. The Massachusetts Charter School Regulations, Section 603 CMR 1.07, require all Commonwealth charter school teachers hired after August 10, 2000 to either: (1) take and pass, within the first year of employment, the two-part MTEL; or (2) be already certified (licensed) to teach in Massachusetts. However, unless the teacher holds a license issued after 1998, the state statutory allowance of the full first year of employment to pass the MTEL does not fully satisfy the additional federal requirement for teachers of core academic subjects to be designated as HQ. It is advised that teachers of core academic subjects, take and pass the relevant MTEL PreK-12 subject matter knowledge test(s) component prior to being hired for the subsequent school year. To satisfy both the HQ and state licensure requirements, all school districts, including Commonwealth charter schools, with ELLs must have at least one teacher who holds an ESL, TBE, or ELL license.

   A teacher receives the HQ designation from his/her charter school director. Once a teacher is designated as HQ by passing the appropriate MTEL subject matter knowledge test, that portion of the two-part MTEL test is complete and does not need to be taken again to satisfy the state charter school statutory requirements. A teacher, who is designated as HQ in the core academic subject(s) taught, continues to be highly qualified unless their teaching assignment and subjects taught changes.

   In addition, although teachers hired by charter schools before August 10, 2000 are not required to meet the state charter school statutory requirements, all core academic teachers in charter schools must meet the federal HQ requirements.

Additional Resources:

Massachusetts Tests for Educator Licensure (MTEL)

http://www.doe.mass.edu/mtel/testrequire.html
http://www.doe.mass.edu/mtel/

Massachusetts Tests for Educator License (MTEL) practice tests

http://www.mtel.nesinc.com/MA_PT_opener.asp

Massachusetts Charter School Laws and Regulations

http://www.doe.mass.edu/charter/laws.html

NCLB Title II-A: Preparing, Training, and Recruiting Highly Qualified Teachers and Principals

http://www.doe.mass.edu/nclb/title_iia.html

Additional Massachusetts NCLB Policy Guidance

http://www.doe.mass.edu/nclb/hq
For technical assistance on HQT requirements, charter school directors may send an email to: hqthelp@doe.mass.edu.

Coordinated Program Review Procedures

   School Year 2010-2011 English Learner Education in Public Schools, M.G.L. c. 71A

1 In 2007, the ESE implemented the Education Personnel Information Management System (EPIMS) to collect individual educator data from all school districts and charter school and to comply with the NCLB reporting on highly qualified teachers. The ESE EPIMS information is available at http://www.doe.mass.edu/infoservices/data/epims/.

2 English as a Second Language (ESL)/English Language Development instruction is a required component of Sheltered English Immersion (SEI). ESL instruction is delivered by a licensed ELL teacher. Sheltered content instruction is also a required component of SEI. Teachers of content, at all grade levels, who have ELL students in their classrooms must be qualified to shelter content instruction. To become qualified, teachers must have the skills and knowledge needed to deliver sheltered content instruction by completing Category 1, 2, 3, and 4 trainings.