Family & Community Alternative Education
Massachusetts Charter Schools

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

The No Child Left Behind Act (NCLB) and the Massachusetts Charter School Statute & Regulations
The No Child Left Behind Act (NCLB) requires all students to be taught by highly qualified teachers in core academic subjects. The initial deadline by which all teachers were required to be highly qualified was June 30, 2006. This has now been extended to June 30, 2007. This federal requirement is in addition to the requirements of the charter school statute and regulations regarding the professional qualifications of teachers in charter schools. This Technical Advisory is intended to clarify the requirements of NCLB and the charter school statute. 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 of Education's 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 (HQT). This memorandum signals changes that will take effect on July 1, 2007, some of which apply to teachers in charter schools. In December 2006, school districts and charter schools submitted HQT Plans to the Department for approval. The Department has reviewed these plans and each district should have received a response from the Department regarding the status of the plan. In Spring 2007, school districts and charter schools will be required to submit a mid-year progress report, outlining the district's overall progress and individual school progress in meeting the HQT goals/strategies. Refer to the Commissioner's 10/13/06 Memorandum at: http://www.doe.mass.edu/nclb/hq/101306memo.html.

1. 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 highly qualified, 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 MA 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 highly qualified definition is waived for Massachusetts Commonwealth charter school teachers because it is not a requirement of the state charter school statute and regulations (M.G.L. c.71,   89 (qq) and 603 CMR 1.07). Because Commonwealth charter school teachers are not required to be licensed, school leaders cannot submit waivers for educator licensure to the Department. 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.

2. Highly Qualified Teachers & the Massachusetts Charter School Statute

   The Charter School Statute, G.L.c.71,   89 (qq), provides as follows:

   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) provides as follows:

   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 Massachusetts's charter school statute and regulations, which predate the authorization of NCLB, 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 test of Communication and Literacy 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 highly qualified by June 2007 and at time of hire. At the beginning of each school year, all school districts and charter schools must submit teacher data, including highly qualified status information to the Department. Teachers who are hired and cannot yet be designated as highly qualified may limit the charter school's capacity to demonstrate compliance with NCLB.

   1. Meeting the Standards
      In order to meet the highly qualified teacher 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 Department that districts and charter schools have been providing documentation to educators denoting their Highly Qualified status. In addition, districts/charter schools must keep an attestation on file confirming the Highly Qualified status of their educators.

      1. Elementary Teachers

         1. Elementary teachers who pass the MTEL General Curriculum subject matter knowledge test meet the federal highly qualified (HQT) subject matter competency requirement.

         2. Kindergarten teachers who pass either the MTEL General Curriculum or the Early Childhood subject matter test meet the federal highly qualified (HQT) subject matter competency requirement.

         3. Content Area Specialists teaching the core academic subjects of Music, Art, Reading, and Foreign Languages at the elementary level, are treated, for purposes of meeting federal Highly Qualified standards, the same as teachers of core academic subjects at the middle and secondary level. They must meet the HQT 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 English as a Second Language/English Language Learner and Special Education teachers: Massachusetts High Objective Uniform State Standard of Evaluation (MAHOUSSE). (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 at: http://www.doe.mass.edu/mtel/testrequire.html

      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.

         6. Available only to English as a Second Language/English Language Learner and Special Education teachers: Massachusetts High Objective Uniform State Standard of Evaluation (MAHOUSSE). (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 has already been 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 at: http://www.doe.mass.edu/mtel/testrequire.html

      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 highly qualified 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
         English as a Second Language (ESL)/English Language Learner (ELL) teachers, at all levels, who teach core academic subjects as part of their teaching assignment are required to be highly qualified and meet the NCLB subject matter knowledge requirement. At the elementary level they must meet the same requirement as elementary education teachers. At the middle and secondary levels, they must meet the subject matter knowledge requirements in each core academic subject(s) they are teaching. In addition, ESL and ELL teachers must meet the additional requirements of the charter school statute.

   2. Meeting the Standards - Special Education

      1. Special Education Highly Qualified Requirements
         Changes to IDEA in 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 competence in order to be considered highly qualified. 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 HQT 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: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=08f31438f3d7d30c52a3c42fbb30e4fa&rgn=div5&view=text&node=34:2.1.1.1.1&idno=34-34:2.1.1.1.1.1.36.17

         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 Highly Qualified Teacher (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 HQT requirements when he or she is providing consultative or case management services. The classroom teacher is expected to meet the HQT 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 HQT 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 subject(s) 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 HQT requirements for each core academic subject(s) being taught.

   3. Massachusetts' High Objective Uniform State Standard of Evaluation (MAHOUSSE)
      Effective July 1, 2007, the Department of Elementary and Secondary Education will discontinue the use of the MA HOUSSE option for all teachers of core academic subjects who have not yet been deemed "highly qualified" by their district, with the exception of teachers in the shortage areas of English as a Second Language/English Language Learner 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 highly qualified in language arts, mathematics, or science at the time of hire.

      Refer to the Department's Options for Demonstrating Subject Matter Competency at: http://www.doe.mass.edu/nclb/hq/smc.pdf or http://www.doe.mass.edu/nclb/hq/smc.doc and Massachusetts' Highly Qualified Teacher Policy Changes Effective July 1, 2007 at: http://www.doe.mass.edu/nclb/hq/101306memo.html?section=II

      For technical assistance on the federal Highly Qualified Teacher requirements, charter school leaders may contact: hqthelp@doe.mass.edu.

   4. 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. A 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; OR
         • Completion of one of the formal Massachusetts-endorsed Assessments: Parapro or WorkKeys.
         
         

      The work of all instructional paraprofessionals must be overseen by a highly qualified 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 meet these standards by the end of the 2006-2007 school year.

      Unlike the highly qualified 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 Department's 8/03 Update Regarding the Formal Assessments of Instructional Paraprofessionals at:
      http://www.doe.mass.edu/nclb/hq/0820parapro.html

      Refer to the Department's 7/03 Paraprofessionals in Title I Programs: Implementation of NCLB's Paraprofessional Requirements at:
      http://www.doe.mass.edu/nclb/hq/paraprof_policy.pdf

3. Hiring Highly Qualified Teachers in Charter Schools
   The federal standard for hiring highly qualified 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 highly qualified by June 30, 2007. 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.

   A teacher receives the highly qualified designation from his/her charter school director in the form of a document, a copy of which must also be kept in the teacher's personnel file. Once a teacher is designated as highly qualified 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 highly qualified in the core academic subject(s) taught, continues to be highly qualified unless the 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 highly qualified requirements.

Additional resources:

Massachusetts Tests for Educator Licensure (MTEL)
http://www.doe.mass.edu/mtel/testrequire.html
http://www.doe.mass.edu/mtel/
http://www.mtel.nesinc.com/MA10_prek12education.asp

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.