ESEA Special Report
Overhauled ESEA Poses New Hurdles for Teachers, Para

Remember the tale of Sisyphus? He was the mythological figure condemned to spend his life rolling a huge boulder up a hill--only to have it roll down again when he neared the top.

If you feel a little like Sisyphus these days, that's understandable. Thanks to your hard work, the achievement of public school students has improved over the past two decades. There's no time to rest, however, because the Elementary and Secondary Education Act (ESEA) passed by Congress a little more than one year ago piles new mandates on already overburdened teachers and paraprofessionals.

First passed in 1965 as a program to aid disadvantaged students, ESEA--now officially known as the No Child Left Behind Act of 2001--has been overhauled and now includes provisions for student testing, accountability sanctions, required open enrollment, and the qualifications of teachers and paraprofessionals. As a result, most NEA members--especially student members, new and veteran teachers, and paras--are wondering how the new ESEA will affect their work.

It's especially important to find out how you are affected by new provisions on teacher and paraprofessional quality. Under the new law, by the end of the 2005-06 school year all teachers of core academic subjects must show that they are highly qualified--by holding a bachelor's degree and state teaching license and demonstrating a high level of competence in the core subjects taught. Newly hired Title I teachers must meet these standards already. In addition, new Title I paraprofessionals must meet increased standards for qualifications, and veteran paras have until the end of the 2005-06 school year to do so.

Sound confusing? This Special Report on ESEA provides some specific guidance to sort through the maze of new requirements. The center spread (see next page) on teacher qualifications will help you determine if you meet the provision for being "highly qualified" under ESEA. The back page details the new requirements for paraprofessionals and also includes a resource list to guide you through the massive new law.

Bear in mind that if you do not currently meet the requirements for being "highly qualified," you may be eligible for help meeting the new standards. For example, ESEA's Title II provisions include grants for professional development.

"You should demand that these local funds be used to pay for coursework or professional development you may need to qualify" under the new laws, says Tim Dedman, senior policy analyst with NEA's Department of Teacher Quality. ESEA also allows the use of Title I funds to help paraprofessionals satisfy the new requirements.

NEA won important provisions in the crafting of the new ESEA, but, inevitably, the final bill did not reflect all of the changes NEA sought. The Association is now pursuing a four-point strategy to improve ESEA (see box at right). With hard work, maybe that boulder will reach the top of the hill yet.

Five Ways to Improve ESEA

Through legislative action and coalition work, NEA is working to improve the Elementary and Secondary Education Act (ESEA), focusing on these five areas:

1. Full funding for all federal ESEA requirements at authorized levels in order to meet the achievement goals of the law. Failure to fund ESEA testing, accountability, and/or educator quality requirements should trigger a moratorium on states' and school districts' compliance with those mandates.

2. Limiting the definition of "highly qualified teacher" to include only those teachers who have achieved full licensure/certification under state standards. This should apply to all teachers, closing loopholes that apply to educators who work for "supplemental service providers" and charter schools and those seeking alternative certification.

3. Granting states total flexibility in measuring schools' Adequate Yearly Progress. To ensure that schools are not measured solely on the basis of standardized test scores, states should be permitted to include other factors in measuring school performance, including attendance and graduation rates, percentage of students taking Advanced Placement courses, and/or in-grade retention.

4. Granting states total flexibility in applying sanctions to schools identified as "needing improvement." The goal should be to make public schools great for every child by ensuring needed resources and tailoring corrective actions to address specific problems. Additional flexibility would allow states to help turn around struggling schools--by targeting assistance and corrective action to particular areas in need of improvement.

5. Ensuring paraprofessionals the training they need to meet new quality standards--by requiring states and local school districts to fully fund the costs, using federal Title I funds and other funding sources. NEA also supports requiring states to adopt a minimum annual salary of $20,000 for paraprofessionals.

ESEA's Impact on Support Professionals

How does the new ESEA affect education support professionals?
The federal law outlines new qualifications for paraprofessionals who work in Title I-funded programs. The requirements do not apply to members of other ESP job groups, non-Title I paraprofessionals, paraprofessionals who work as translators, or paras who conduct parental involvement activities.

What are the requirements for Title I paras?
Newly hired paraprofessionals must have a high school diploma or the equivalent and meet one of the following requirements:

• Have an associate's degree;
• Have two years of college; or
• Pass a state or local assessment that demonstrates their knowledge of reading, writing, and math and the ability to assist with instruction.

Paraprofessionals currently working in Title I programs must meet these requirements by 2006.

How do I know if I work in a Title I program?
Check with your principal or school district. If your school has a school-wide Title I program and you assist with instruction, then the requirements probably apply to you. If your school receives targeted assistance, check to see if Title I funds your position.

How can paraprofessionals protect themselves?
Collect documentation of education, including a high school diploma or GED certificate and transcripts for any college courses taken. Also, document conference and workshop attendance and other professional development completed.

If paraprofessionals choose to meet the ESEA requirements by taking college courses, they should find out what financial assistance their school district provides to employees seeking additional education. The federal law says school districts can use Title I money for professional development for teachers and paraprofessionals.

If paraprofessionals currently do not meet the ESEA requirements, they should find out what assessment their state or school district plans to implement for paraprofessionals.

If paras do not work in a Title I program, they may want to satisfy the requirements of ESEA anyway to increase their flexibility and job security.

What does the law say about the duties assigned to Title I paraprofessionals?
Title I paraprofessionals may assist with classroom management; assist in a computer lab, library, or media center; translate; and conduct parental involvement activities. Paras may not provide direct instruction except under the direct supervision of a teacher or in one-on-one tutoring outside normal class time. For instance, it is now against the law to use a Title I-funded paraprofessional instead of a substitute teacher.

Title I paraprofessionals also may perform other functions that benefit all students, such as monitoring a lunchroom, playground, or study hall; however, the amount of time they spend on these general duties may not exceed the amount of time non-Title I paras spend on similar activities.

Resources

• The National Education Association's homepage provides ample material on ESEA, from the specific provisions of the law to ways the Association is working to improve it. www.nea.org/esea/

• Also, Be sure to visit the ESEA section of the NEA ESP website at http://www.nea.org/esp/issues/eseapara.html. The site includes an overview of the law, implications for paraprofessionals, answers to frequently asked questions, and links to NEA's four brochures about what ESEA means for paras. Read the brochures online or download copies.

• The U.S. Department of Education maintains a website dedicated to the No Child Left Behind Act of 2001. The site includes an overview of the law's requirements in text form, a glossary of terms, fact sheets, an online newsletter, and links to other useful websites. www.nochildleftbehind.gov/
  Also, you can look up your district's FY 2002 Title I allocations by going to www.ed.gov/offices/OUS/TitleILEAs/FY02allocations/index.html.

• Keep up with state activities related to ESEA by visiting the Education Commission of the States website and clicking on the icon for No Child Left Behind. The site includes summaries of legislation and policies enacted by states in response to ESEA. The site also links to the National Conference of State Legislatures for additional information. www.ecs.org

• Education Week maintains an archive of articles on new ESEA provisions and the ways that schools and states are responding to it. www.edweek.org/context/topics/issuespage.cfm?id=59

Quick Skims from NEA Today

Browse the following NEA Today articles from the past year to learn more about ESEA:

• "Congress Passes Sweeping Education Law" provides an overview of the major provisions of the new ESEA. March 2002. www.nea.org/neatoday/0203/news14.html

• "Who is 'Highly Qualified'?" examines how teachers and paraprofessionals are affected by new rules on qualifications. March 2002. www.nea.org/neatoday/0203/scoop.html

• "A Tough Law Deserves Tough Questions" features the reactions of Maryland members to the new ESEA. April 2002. www.nea.org/neatoday/0204/news14.html

• "Yearly Progress--Or Else" explains how schools will be affected by the ESEA's provisions regarding "adequate yearly progress." November 2002. www.nea.org/neatoday/0211/scoop.html

• "High-stakes Questions" explains the current state of student testing under ESEA. March 2003. www.nea.org/neatoday/0303/ cover.html

This special section of NEA Today was compiled by John O'Neil, Kristen Loschert, and Dave Winans.