National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At-Risk
Teacher Quality Requirements Under NCLB
Q: Do the highly qualified teacher requirements apply to teachers who work in entities such as juvenile institutions, correctional institutions, and other alternative educational settings?
A: It depends. Section 1119 of Title I requires each SEA that receives Title I, Part A funds to develop (and hence implement) a plan to ensure that all teachers teaching in core academic subjects within the State are highly qualified. This requirement extends to all teachers of core academic subjects who are employed by agencies or entities under the authority of the SEA. As a result, it applies to teachers employed by LEAs that must meet annual measurable objectives set by the SEA, as well as teachers employed by the SEA or other entities under the SEA's authority. Thus, if entities such as juvenile institutions, correctional institutions, and other alternative educational settings are either LEAs under State law or under the authority of the SEA, teachers of core academic subjects employed by those entities must be highly qualified.
If, however, the entities that employ these teachers are not either LEAs as defined under State law or are not under the SEA's authority, the section 1119 requirements regarding highly qualified teachers do not apply. Nevertheless, it is critical that all students, regardless of school setting, are able to achieve to the State's content and academic achievement standards, and we therefore urge all educational entities — whether covered by the highly qualified teacher requirements or not — to ensure that students have teachers with the content knowledge and skills needed to help them succeed.