FLORIDA DEPARTMENT OF EDUCATION
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    STATE BOARD OF EDUCATION
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    John L. Winn
    Commissioner of Education
    F. PHILIP HANDY,
    Chairman
    T. WILLARD FAIR,
    Vice Chairman
    Members
    DONNA G. CALLAWAY
    JULIA L. JOHNSON
    ROBERTO MARTÍNEZ
    PHOEBE RAULERSON
    LINDA K. TAYLOR
    Contact Person
    November 28, 2005
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    Name: Pam Stewart
    Phone: 850/245-0509
    Suncom: 205-0509
    Email:
    pamela.stewart@fldoe.org
    MEMORANDUM
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    K12: 2005-162
    TO:
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    District School Superintendents
    FROM:
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    John L. Winn
    SUBJECT:
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    Criteria for a One-Year Extension for Highly Qualified Teachers in No Child Left
    Behind
    This memorandum is sent to share with you information from the U.S. Department of Education
    (USDOE) relating to No Child Left Behind (NCLB) and specifically Highly Qualified Teachers
    (HQTs). As you know, NCLB requires that all teachers of core academic subject areas be highly
    qualified by June 30, 2006. We in Florida have been making progress toward our goal of
    ensuring that all students are taught by a “highly qualified teacher.” The USDOE recognizes that
    there is still work to be done in achieving that goal, yet the question that remains is what will
    happen if districts cannot meet this requirement in every class. We have recently received
    communication regarding this issue.
    The USDOE mandates that only those teachers who have met the highly qualified requirements
    be allowed to teach core academic subjects. However, USDOE has recently provided flexibility
    to those states making legitimate efforts to meet the HQT requirements of NCLB. This recent
    guidance outlines what is necessary for a one-year extension through June 30, 2007, to avoid
    losing federal funds. It is vital that the following four conditions be met at the district and state
    levels in order to ensure that Florida does not lose federal funds awarded to the state for not
    meeting NCLB requirements:
    The first condition the state must meet is to have a definition of a “highly qualified teacher” that
    is consistent with the federal law. Florida has met this requirement in every area except with
    regard to some of our ESE elementary teachers. In order to meet the highly qualified
    requirements at the elementary level, ESE teachers who are the teacher of record for elementary
    qualified requirements for regular elementary
    teachers in addition to the appropriate certification in ESE to match the ESE table in the Course
    Code Directory. Additional guidance for compliance in this area will be forthcoming.
    325 W. GAINES STREET • SUITE 1514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0505 • www.fldoe.org

    Memorandum
    November 28, 2005
    Page Two
    The second condition requires that the state and districts provide parents and the public with
    accurate, complete reports on the number and percentage of core academic classes taught by
    HQTs. Public reports that include data on classes taught (and/or not taught) by highly qualified
    teachers are affected by the first condition noted above. The USDOE is very specific as to the
    requirement regarding reporting to the public and to parents in those schools receiving Title I
    funds. In order to avoid loss of federal funds, it is imperative that districts accurately comply
    with this portion of NCLB. Please complete the attached form and return to Deputy Chancellor
    Pam Stewart by December 19, 2005.
    The third condition under this recent guidance is that the state must accurately report the HQT
    data to the USDOE. In order for the state to accurately report the HQT data to the USDOE, the
    school districts must first accurately report the data to the Florida Department of Education
    (FLDOE). Therefore, it is crucial for districts to ensure that all data are reported completely and
    correctly. To ensure that Florida’s HQT data for 2004-05 conforms to federal requirements, the
    FLDOE has created a special file for each school district to download. This file contains all
    Teacher Course records from the 2004-05 Survey 3 for core academic courses in which the
    Primary Instructor Indicator is coded “Y” for “Yes.” Appropriate district personnel are to review
    the HQT data in the special file and submit corrections to the FLDOE by December 19, 2005.
    Procedures for reviewing and correcting the data are included in the attachment entitled
    “Procedures for Downloading, Reviewing, and Updating HQT Data Submitted for Survey 3,
    2004-05.” In reviewing these data, please review data for all schools including charter schools,
    Department of Juvenile Justice programs, and Exceptional Student Education specialized
    schools.
    The fourth condition requires that the districts take action to make certain that there is not a
    higher percentage of unqualified teachers teaching poor and minority students than are teaching
    other students. A district must be sure that this disparity does not exist in its schools. Attached
    you will find the percentage of classes not taught by HQTs at high poverty schools and at low
    poverty schools by district, according to currently available HQT data. These data will be
    revised pending your resubmission of the updated files by December 19, 2005.
    In order to be eligible for the flexibility being offered by the USDOE, all four conditions must be
    met. It is now evident that if a state does not meet the conditions set by the USDOE its federal
    funds are at risk of being withheld.
    We will not receive information from USDOE regarding an extension until the Spring of 2006.
    While it is necessary to ensure that Florida is doing everything it can to meet these requirements,
    it is equally important to make appropriate personnel decisions which lead to improved student
    achievement. As stated in my memo dated October 21, 2005, please continue to encourage
    teachers who are currently enrolled in our rigorous programs for highly qualified status to
    continue on that path. Again, thank you for all you do for the children and educators of Florida.
    JLW/psl
    Attachments

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