The Impact of the New Title I Requirements
on Charter Schools
Non-Regulatory Guidance
July, 2004
The Impact of the New Title I Requirements on Charter Schools
Summary of Major Changes ��������������������������������������������..5
A. Charter Schools and Accountability Requirements in NCLB����������������6
A-1.
Are charter schools subject to the ��adequate yearly progress�� (AYP) and
other accountability requirements of No Child Left Behind?
A-2.
Which entity in a State is responsible for determining whether charter
schools make AYP and and ensuring that they comply with other
accountability provisions in Title I, Part A?
A-3.
Is a charter school that is its own LEA covered by the NCLB requirements
applicable to
schools in need of improvement or by the requirements
applicable to
LEAs in need of improvement?
A-4.
Which entity is responsible for carrying out the LEA��s duties, under
Section 1116 of Title I, when a charter school that is also an LEA is
identified for improvement?
A-5.
What are an LEA��s responsibilities with respect to schools within its
jurisdiction that are identified for improvement? (In other words, what are
the responsibilities that authorized public chartering authorities, or other
entities designated under State law, must assume when a charter school is
identified for improvement?)
A-6.
What resources are available to support the Title I accountability
responsibilities of charter authorizers (or other entities designated under
State law as responsible for charter school accountability)?
A-7.
Must charter school authorizers insert State plans for meeting AYP into
individual charter contracts?
A-8.
Are charter authorizers now responsible for allocating Title I and other
Federal formula funds to their charter schools?
A-9.
Should State Title I accountability plans specifically address charter
schools and reflect input from charter authorizers and operators?
A-10.
What if a charter school fails to make AYP but meets its contractual
requirements with its authorizer?
A-11.
Does NCLB prohibit more rigorous accountability requirements than the
requirements of a State��s Title I accountability plan in an existing charter
contract or a future charter contract?
2
B. Charter Schools and the Title I Public School Choice Provisions������������.11
B-1.
May an eligible charter school that is part of an LEA be listed as a choice
option for parents who wish to transfer their child to a higher-performing
school?
B-2.
If a charter school is its own LEA but falls within the boundaries of a
larger LEA, should eligible students from the larger LEA be able to
transfer to it?
B-3.
Do charter schools that admit students using a lottery have to give priority
to eligible students transferring under the public school choice provisions
of NCLB?
B-4.
Must parents be notified if a charter school is identified as in need of
improvement, corrective action, or restructuring?
B-5.
Are charter schools that are parts of LEAs under State law required to
provide choice options and offer transportation for students to other
higher-performing schools in the LEA if the charter school is identified by
the State as in need of improvement, corrective action, or restructuring?
B-6.
Are charter schools that are their own LEAs under State law required to
provide choice options and offer transportation for students to other
higher-performing schools in another LEA if the charter school is
identified by the State as in need of improvement, corrective action, or
restructuring?
B-7.
Are there Department resources one can use to find more information on
NCLB��s public school choice provisions?
C. Charter Schools and Supplemental Educational Services ��������13
C-1.
May charter schools apply for State approval to provide supplemental
educational services to students enrolled in low-performing Title I
schools?
C-2.
Are students from low-income families who attend charter schools that are
parts of LEAs under State law eligible for supplemental educational
services?
C-3.
Are students from low-income families who attend charter schools that are
their own LEAs under State law eligible for supplemental educational
services?
C-4.
How much must an LEA pay for supplemental educational services?
3
C-5.
Are there Department resources one can use to find more information on
the Title I supplemental educational services provisions?
D. Charter Schools and Corrective Action��������������������������������...14
D-1.
Does NCLB give either States or authorizers the authority to reorganize a
charter school��s management and enforce other corrective actions?
D-2.
Under the ��corrective action�� provisions, NCLB allows LEAs to convert
low-performing Title I schools into charter schools. How might a State
explain the manner in which this provision would be implemented?
E. Qualifications of Teachers and Paraprofessionals������������������������.15
E-1.
In general, what are the ��highly qualified teacher�� requirements under
NCLB?
E-2.
What qualifications do teachers in charter schools have to meet
under NCLB?
E-4
What qualifications do charter school paraprofessionals have to meet?
E-4.
When must paraprofessionals meet these requirements?
E-5.
If a charter school does not accept Title I funds, must it comply with
these requirements for paraprofessionals?
E-6.
Must charter school LEAs reserve a portion of their Title I funds for
professional development if they currently meet the ��highly qualified��
requirements for charter school teachers and the new requirements for
paraprofessionals?
E-7.
Which entity is responsible for ensuring that charter schools comply with
NCLB��s charter school teacher quality requirements?
4
Summary of Major Changes
This updated version of the nonregulatory guidance in the impact of Title I
requirements (under the No Child Left Behind Act) on charter schools responds to
inquiries that the Department has received since issuing the original guidance on this
these issues in August, 2003. The new version addresses issues relating to charter
school accountability and charter school lotteries. Significant changes are as follows.
• Item A-3 discusses whether a charter school that is its own LEA is treated as a
school, or as a
local educational agency, in need of improvement under the
Title I Section 1116 requirements.
• Item A-5 describes the accountability-related responsibilities that the
authorized public chartering authority, or another entity designated under State
law, must carry out when a charter school has been identified as in need of
improvement under Title I.
• Item A-6 describes the resources that may be available to support the
authorized public chartering authority (or other entity) in carrying out those
responsibilities.
• Item B-3, as revised, clarifies that a charter school that receives assistance
under the Department��s Charter Schools Program may use an admissions
lottery that gives extra weight to students seeking to change schools under the
Title I public school choice requirements.
The other changes made in this version of the guidance are primarily editorial, and
seek to clarify statements made in the previous version.
5
The Impact of the New Title I Requirements on Charter Schools
A. Charter Schools and Accountability Requirements in NCLB
A-1. Are charter schools subject to the ��adequate yearly progress�� (AYP) and
other accountability requirements of No Child Left Behind?
Yes, Title I of the Elementary and Secondary Education Act (ESEA), as
reauthorized by the No Child Left Behind Act (NCLB) of 2001, requires each
State, as a condition of receiving funds under the Title I program, to implement a
��single, statewide State accountability system�� applicable to all its public schools,
including charter schools
[Section 1111(a)(2)(A)]. A component of that system is a
definition of ��adequate yearly progress�� that measures the extent to which schools
succeed in educating all students to proficiency in at least reading (or language
arts) and mathematics. In addition, a charter school that receives Title I funds is
covered by the school improvement provisions under section 1116 of Title I.
A-2. Which entity in a State is responsible for determining whether charter
schools make AYP and ensuring that they comply with other accountability
provisions in Title I, Part A?
Section 1111(b)(2)(K) of the amended ESEA requires accountability for charter
schools to be overseen in accordance with State charter school law. Thus, a
State��s charter school law determines the entity within the State that bears
responsibility for applying the Title I, Part A accountability provisions, including
AYP, to charter schools. This generally means that the charter authorizer is
primarily responsible for holding charter schools accountable under the Title I,
Part A provisions unless State law specifically gives the State educational agency
(SEA) direct responsibility for charter school accountability. We do not expect the
local educational agency (LEA) in which the charter school is located to be this
entity, unless it is also the charter authorizer.
In most States, the SEA has taken on the role of determining whether individual
schools make AYP, based on student assessment results, the student participation
rate on assessments, and the other academic indicators included in the State��s
AYP definition. Charter authorizers (or the other entities designated under State
law as responsible for charter school accountability) will, thus, want to maintain
close contact with the SEA in order to receive current and accurate information on
whether charter schools have made AYP and whether individual schools have
been identified as in need of improvement.
A.3 Is a charter school that is its own LEA covered by the NCLB requirements
applicable to schools in need of improvement or by the requirements
applicable to LEAs in need of improvement?
A charter school that is its own LEA and that is identified as in need of
improvement is subject to the provisions of Title I that apply to
schools in need of
6
improvement. This is the same policy that applies to all single-school LEAs
receiving Title I funds.
A-4. Which entity is responsible for carrying out the LEA��s duties, under Section
1116 of Title I, when a charter school that is also an LEA is identified for
improvement?
As indicated in Item A-2, a State��s charter school law determines the entity within
the State that is responsible for carrying out Title I accountability provisions with
respect to charter schools. Typically, this is the authorized public chartering
authority, unless State law gives the SEA responsibility for charter school
accountability.
A-5. What are the responsibilities of an LEA (or in the case of charter schools, of
the entity designated under State law as responsible for charter school
accountability) when a school within its jurisdiction is identified for
improvement?
The responsibilities that an LEA (or, in the case of charter schools, the entity
designated under State law) must assume when a school has been identified as in
need of improvement include the following:
• Promptly providing information to the parents of each child enrolled in the
school explaining what the identification means, the reasons for the school
being identified, what the school is doing to improve, what help the school is
getting, and how parents can become involved in addressing the academic
issues that led to the identification
[Section 1116(b)(6)].
• Ensuring that the identified school receives technical assistance, both during
the development or revision of its improvement plan and throughout the
plan��s implementation
[Section 1116(b)(4)].
• Reviewing, through a peer-review process, the school��s improvement plan,
working with the school to make necessary revisions in the plan, and
approving the plan once it meets the requirements of the statute
[Section
1116(b)(3)(E).
In implementing these requirements, States, charter school authorizers, and
charter schools should attempt to align them, as much as possible, with State law
requirements related to charter school accountability.
A-6. What resources are available to support the Title I accountability
responsibilities of charter authorizers (or the other entities designated under
State law as responsible for charter school accountability)?
Title I provides resources to SEAs and LEAs for carrying out the accountability-
related responsibilities set forth in the statute. For example:
7
• The statute permits the SEA to retain up to one percent of the State��s Title
I allocation (and a slightly larger percentage, in the case of the smallest
States) for administration of Title I programs in the State. The SEA may
make available some of these funds to charter authorizers (or the other
designated entities) to carry out the functions described in item A-5.
• The statute requires the SEA to reserve four percent of the State��s Title I
allocation, beginning in fiscal year 2004
1
, specifically for the purpose of
carrying out the State and local accountability-related responsibilities,
including activities to assist schools identified for improvement. The SEA
must allocate at least 95 percent of this amount to LEAs that have schools
identified for improvement, corrective action, or restructuring, except that
the SEA may serve those schools directly if it has the approval of the
LEA. In allocating these funds, the State must give priority to LEAs that
serve the lowest-achieving schools, demonstrate the greatest need, and
demonstrate the strongest commitment to ensuring that their lowest-
performing schools meet the goals outlined in their improvement plans
[Sections 1003(a), (b), and (c)].
An SEA may use the five percent of this reservation that is not required to
be allocated to LEAs to provide support for the efforts of charter school
authorizers (or other designated entities) to carry out the accountability
requirements of the statute. In addition, with the approval of appropriate
LEAs in the State, such as the LEAs that have charter schools in
improvement status within their jurisdiction, an SEA could use some of
the remaining 95 percent of the set-aside to serve those charter schools,
such as by providing funds to charter school authorizers for that purpose.
Further, an SEA might provide funds from the 95 percent reservation
directly to charter school LEAs, and condition that receipt of funds on a
requirement that those LEAs provide a portion of the money to the
authorizers or other entities that are responsible for the accountability of
those schools. Finally, a State might require other (non-charter) LEAs that
receive funds from the 95 percent reservation to ensure that charter
schools under their jurisdiction are served; for instance, they might make it
a requirement that an LEA provide some of its allocation to charter school
authorizers responsible for the accountability of charter schools in the
area.
A-7. Must charter school authorizers insert State plans for meeting AYP into
individual charter contracts?
NCLB holds charter schools, like other public schools, accountable for making
AYP. If authorizers wish, they may choose to incorporate the AYP definition
into charter contracts, especially for new schools, but NCLB does not explicitly
require this step.
1 The amount was two percent in the two previous years.
8
A-8. Are charter authorizers now responsible for allocating Title I and other
Federal formula funds to their charter schools?
No. If a charter school is authorized by an entity other than a traditional (school-
district) LEA, the SEA will still be responsible for allocating Title I funds directly
to the charter school, pursuant to Federal and State laws. In allocating these
funds, SEAs will still comply with Section 5206 of ESEA and ensure that funds
are allocated in a timely and efficient manner for new and expanding charter
schools. If a charter school is, under State law, part of an LEA, the LEA will
allocate Federal funds to the charter school on the same basis as it provides funds
to its other schools.
A-9. Should State Title I accountability plans specifically address charter schools
and reflect input from charter authorizers and operators?
Yes. Charter schools are public schools subject to the accountability requirements
of NCLB. In accordance with congressional intent, Title I State accountability
plans must be consistent with State charter school law and may not "replace or
duplicate the role of authorized chartering agencies," or other designated entities,
in overseeing accountability requirements for charter schools
[Conference report on
the No Child Left Behind Act; note #77 on Title I, Part A]. State Title I accountability plans
should respect the unique nature of charter schools and should reflect input from
charter operators and authorizers. In addition, State accountability plans should
reflect the fact that the SEA is ultimately responsible for implementation of, and
compliance with, the Title I requirements by all public schools in the State that
receive Title I funds, including both traditional public schools and charter schools.
A-10. What if a charter school fails to make AYP but meets its contractual
requirements with its authorizer?
If a charter school fails to make AYP, then the charter school authorizer or other
designated entity must take the actions required by the statute. See item A-5.
A-11. Does NCLB prohibit more rigorous accountability requirements than the
requirements of a State��s Title I accountability plan in an existing charter
contract or a future charter contract?
No. Nothing in NCLB prohibits the continuation of existing charter contractor
prohibits the development of future contracts that meet or exceed Title I
accountability requirements. If a charter school��s contract with its authorizer
imposes more immediate consequences than a State��s Title I accountability plan,
the authorizer should take appropriate steps to ensure that the school abides by
the charter contract as specified in the State��s charter school law, notwithstanding
the fact that the charter school may have made AYP.
9
B.
Charter Schools and the Title I Public School Choice Provisions
B-1. May an eligible charter school that is part of an LEA be listed as a choice
option for parents who wish to transfer their child to a higher-performing
school?
Yes. LEAs may list charter schools under their jurisdiction that have not been
identified for improvement, corrective action, or restructuring as choice options.
B-2. If a charter school is its own LEA but falls within the boundaries of a larger
LEA, may eligible students from the larger LEA be able to transfer to it?
Yes. An LEA should work with charter school LEAs within its geographic
boundaries to reach agreements allowing students to transfer to these schools.
However, allowing eligible students to transfer to a charter school LEA within its
boundaries does not lift the requirement that the LEA give affected students the
option to transfer to schools that it operates.
B-3. May charter schools that admit students using a lottery give priority to
eligible students seeking to transfer under the public school choice provisions
of NCLB?
A charter school that receives funding under the Department��s Charter School
Program (CSP) must use a random selection (lottery) process if more students
apply for admission than can be admitted. A school that receives CSP funds
generally may use a weighted lottery (that is, a lottery that gives preference to one
set of students over another) only when necessary to comply with applicable civil
rights laws. (See item C-3 of the Department��s CSP guidance, available at
http://www.ed.gov/policy/elsec/guid/cspguidance03.doc.) However, a charter
school may weight its lottery in favor of students seeking to change schools under
the public school choice provision of Title I, for the limited purpose of providing
greater choice to students covered by those provisions. For example, a charter
school could provide each student seeking a transfer under Title I with two or
more chances to win the lottery, while all other students would receive only one
chance to win.
B-4. Must parents be notified if a charter school is identified as in need of
improvement, corrective action, or restructuring?
Yes. If a charter school is identified for improvement, parents of students enrolled
at the school must be notified of its status before the beginning of the school year
following identification, just as parents of students enrolled in other public
schools are notified. If a charter school is part of an LEA, then the LEA should
notify parents of their options. If the charter school is an LEA itself, then the
authorizer or the charter school itself should notify parents of the school��s status
and their options, including returning children to their ��home�� public school.
10
B-5. Are charter schools that are parts of LEAs under State law required to
provide choice options and offer transportation for students to other higher-
performing schools in the LEA if the charter school is identified by the State
as in need of improvement, corrective action, or restructuring?
Yes, consistent with the statute, LEAs that authorize charter schools must provide
choice options and offer transportation to other public schools of choice within
the LEA, even if a State��s charter law does not require that transportation funds be
made available for charter schools.
B-6. Are charter schools that are their own LEAs under State law required to
provide choice options and offer transportation for students to other higher-
performing schools in another LEA if the charter school is identified by the
State as in need of improvement, corrective action, or restructuring?
As noted in Item B-4, if the charter school is an LEA itself, then the authorizer or
the charter school itself should notify parents of the school��s status and their
options, including returning children to their ��home�� public school.
In addition, according to Section 200.44(h)(1) of the Title I regulations (67 Fed.
Reg. 71710, 71725, to be codified at 34 C.F.R. pt. 200), if all public schools to
which a student may transfer within an LEA (including charter school LEAs) are
identified for school improvement, corrective action, or restructuring, the LEA
must, to the extent practicable, establish a cooperative agreement with one or
more other LEAs in the area. Therefore, a charter school LEA must, if it is
practicable, establish such agreements with other LEAs.
Also, according to Section 200.44(h)(2) of the final Title I regulations, LEAs
(including charter school LEAs) that have no eligible schools to which qualifying
students may transfer are allowed to offer supplemental educational services to
parents of eligible students in the first year of school improvement.
B-7. Are there Department resources one can use to find more information on
NCLB��s public school choice provisions?
Yes. For more information please consult the Department��s Title I regulations at:
http://www.ed.gov/legislation/FedRegister/finrule/2002-4/120202a.html. You
may also wish to consult the non-regulatory guidance on public school choice at:
http://www.ed.gov/policy/elsec/guid/schoolchoiceguid.doc
11
C.
Charter Schools and Supplemental Educational Services
C-1. May charter schools apply for State approval to provide supplemental
educational services to students enrolled in low-performing Title I schools?
Yes, charter schools that are not identified for improvement are eligible to
become supplemental educational service providers pursuant to the Title I
requirements.
C-2. Are students from low-income families who attend charter schools that are
parts of LEAs under State law eligible for supplemental educational
services?
Yes. As with other public schools, if a charter school is identified as in need of
improvement for two or more years, then students from low-income families who
are enrolled in the school are eligible to receive supplemental educational
services. The LEA must pay for such services on the same basis as it would pay
for supplemental services for eligible students in any other school.
C-3. Are students from low-income families who attend charter schools that are
their own LEAs under State law eligible for supplemental educational
services?
Yes. As with other public schools, if a charter school is identified as in need of
improvement for two or more years, then students from low-income families who
are enrolled in the school are eligible to receive supplemental educational
services. A charter school that is its own LEA must pay for such services on the
same basis as any other LEA. Also, charter school LEAs that are identified for
improvement but are unable to enter into cooperative agreements with other LEAs
to accept transferring students may make supplemental services available in the
first year of school improvement to eligible students.
C-4. How much must an LEA pay for supplemental educational services?
The law establishes a combined funding requirement for choice-related
transportation and supplemental educational services. Unless a lesser amount is
needed to meet demand for choice-related transportation and to satisfy all requests
for supplemental educational services, an LEA must spend an amount equal to
20 percent of its Title I, Part A allocation, before any reservations, on:
(1) Choice-related transportation;
(2) Supplemental educational services; or
(3) A combination of (1) and (2).
These funds may come from Title I, other federal programs such as Title V, Part
A of ESEA, funds moved into these programs under the ��transferability��
authorization, or State or local sources. This flexible funding approach means
12
that the amount of funding that an LEA must devote to supplemental educational
services depends in part on how much it spends on choice-related transportation.
If the cost of satisfying all requests for supplemental educational services exceeds
an amount equal to 5 percent of an LEA��s Title I, Part A allocation, the LEA may
not spend less than that amount on those services. An LEA may also spend an
amount exceeding 20 percent of its Title I, Part A allocation if additional funds
are needed to meet all demands for choice-related transportation and supplemental
educational services.
C-5. Are there Department resources one can use to find more information on
the Title I supplemental educational services provisions?
Yes. For more information please consult the Department��s Title I regulations at:
http://www.ed.gov/legislation/FedRegister/finrule/2002-4/120202a.html. You
may also wish to consult the non-regulatory guidance on supplemental
educational services at: http://www.ed.gov/policy/elsec/guid/suppsvcsguid.doc.
D. Charter Schools and Corrective Action
D-1. Does NCLB give either States or authorizers the authority to reorganize a
charter school��s management and enforce other corrective actions?
Yes. As with other public schools, charter schools that are unable to make AYP
by the end of the second full school year after identification are placed under
corrective action according to Section 1116(b)(7)(C) of ESEA. NCLB gives the
appropriate entity under state law (see A-2) the responsibility to reorganize a
charter school��s management or take other corrective actions, consistent with
State charter law and the State��s accountability plan for its charter schools. State
charter law would determine if this requires the charter school to modify its
charter contract.
D-2. Under the ��corrective action�� provisions, NCLB allows LEAs to convert low-
performing Title I schools into charter schools. How might a State explain
the manner in which this provision would be implemented?
If a State��s charter school law allows public schools to convert to charter status, a
State��s Title I accountability plan may explain how the process of converting
schools identified for corrective action to charter schools would work. The
accountability plan might also identify the entities that will be expected to
authorize such charters and explain whether these entities have discretion in
extending the contracts for these charter schools.
13
E. Qualifications of Teachers and Paraprofessionals
E-1. In general, what are the ��highly qualified teacher�� requirements under
NCLB?
Sections 1119(a) and 9101(23) of ESEA, as reauthorized by NCLB, establish
requirements for the qualifications of teachers who teach a ��core academic
subject
2
.�� In general, in order to be considered ��highly qualified,�� a teacher must:
• Have obtained full State certification as a teacher or passed the State teacher
licensing examination and hold a license to teach in the State, and may not
have had certification or licensure requirements waived on an emergency,
temporary, or provisional basis:
• Hold a bachelor��s degree; and
• Have demonstrated subject matter competency in each of the academic
subjects in which the teacher teaches, in a manner determined by the State.
Under the law, all teachers hired after the first day of the 2002-2003 school year
to teach core academic subjects in a program supported with Title I, Part A funds
must be highly qualified. In addition, as a condition of receiving Title I, Part A
funds, each State must ensure that all elementary and secondary school teachers of
core academic subjects in the public schools of the State are highly qualified by
the end of the 2005-2006 school year.
For more information on these requirements, see Section C of the Department��s
nonregulatory guidance on the Improving Teacher Quality State Grants program
(Title II, Part A), available at
http://www.ed.gov/programs/teacherqual/guidance.doc, and information on
additional flexibility available to schools and local educational agencies in
meeting these provisions, which is available at
http://www.ed.gov/nclb/methods/teachers/hqtflexibility.html
E-2. What qualifications do teachers in charter schools have to meet under
NCLB?
The law provides that a teacher who teaches core academic subjects in a charter
school meets the certification requirement if he or she meets the requirements set
forth in a State��s charter school law regarding certification or licensure
[Section
9101(23)(A)(i)]. Thus, a teacher in a charter school does not have to be licensed or
certified by the State if the State��s charter law does not require such licensure or
certification. All other elements of the ��highly qualified teacher�� requirement
2 The core academic subjects are English, reading or language arts, mathematics, science, foreign
languages, civics and government, economics, arts, history, and geography.
14
apply to charter school teachers in the same way, and on the same timeline, that
they apply to teachers in traditional public schools.
E-3. What qualifications do charter school paraprofessionals have to meet?
Paraprofessional aides hired to work in programs supported with Title I, Part A
funds must have a high school diploma or its recognized equivalent. Except for
paraprofessionals who act as translators or conduct parent involvement activities,
they must also have completed at least two years of study at an institution of
higher education, possess at least an associate��s degree, or demonstrate subject-
matter competence through a formal State or local assessment
[Section 1119(c)-(e)].
Note that this requirement applies only to paid paraprofessionals and not to
parents or other volunteers. In addition, the Department��s regulations clarify that
the term ��paraprofessional�� applies only to individuals who provide instructional
support and not to school staff who have only non-instructional duties (e.g.,
providing technical support for computers, providing personal care services to
students, carrying out clerical functions)
[34 C.F.R. Section 200.58(a)(2)].
These provisions of the law apply to charter schools in the same manner that they
apply to traditional public schools.
E-4. When must paraprofessionals meet these requirements?
The paraprofessional qualifications requirements apply immediately to all
paraprofessionals hired to work in Title I programs after the enactment of NCLB
(January 8, 2002). Paraprofessionals hired prior to the enactment of NCLB must
meet the requirements by January 8, 2006.
For additional information on the paraprofessional requirements, see the
Department��s non-regulatory guidance at
http://www.ed.gov/policy/elsec/guid/paraguidance.doc.
E-5. If a charter school does not accept Title I funds, must it comply with
these requirements for paraprofessionals?
No, these requirements are applicable only to paraprofessionals working in Title I
programs.
E-6. Must charter school LEAs reserve a portion of their Title I funds for
professional development if they currently meet the ��highly qualified��
requirements for charter school teachers and the new requirements for
paraprofessionals?
No. Section 1119(l) of ESEA requires all LEAs, including charter school LEAs,
to spend between 5 and 10 percent of their Title I allocations on professional
development to help all teachers meet the new requirements by the end of the
2005-06 school year. If all teachers and paraprofessionals in a charter school
15
LEA have met these requirements, the funds do not need to be reserved for
professional development.
E-7. Which entity is responsible for ensuring that charter schools comply with
NCLB��s charter school teacher quality requirements?
As discussed in Item A-2 of this guidance, Section 1111(b)(2)(K) of ESEA
requires that responsibility for charter school accountability be determined by
individual State charter laws. This generally means that the charter authorizer
bears primary responsibility for holding charter schools accountable for Title I,
Part A provisions (including the teacher quality requirements) unless State law
specifically gives the SEA direct responsibility for charter school accountability.
We do not expect the LEA in which the charter school is located to be this entity,
unless it is also the charter authorizer.
16
