Title II Resources

Coordinators' Corner

Email Correspondence
Date: September 30, 2003
Subject: New Title II, HEA Waiver Definition

Dear Title II Coordinators and Super Users,

To reduce burden on states and promote consistency in data definitions, last winter the U.S. Department of Education (Department) began the process of changing the definition of "waiver" for purposes of reporting data under Title II of Higher Education Act, as amended (HEA). The change aligns the HEA Title II definition with the current state certification and licensure requirements for "highly qualified" teachers in the No Child Left Behind Act (NCLB). Further, it is our understanding that the new definition better reflects current state certification and licensure policies across the nation.

The new waiver definition was made available to the public for comment. Following the public comment period, OMB approved the collection of data using the new Title II definition. The new definition of waiver includes teachers that do not have an initial certificate or license from the state in which they currently teach. Also, the number of teachers on waivers is collected in a content and expertise table that follows the core academic areas delineated in NCLB. States are required to use the following definition for the 2003-04 school year and to report this information to the Department by October 7, 2004:

The number of classroom teachers (by specified content areas) teaching in a school year with a temporary, provisional, or emergency permit, license, or other authorization that permits an individual to teach in a public school classroom without having received an initial certificate or license from that state. Those teachers participating in alternate routes who meet the criteria for being highly qualified under the No Child Left Behind Act are excluded from being counted as on a waiver (see glossary item below on “Highly Qualified Teachers in Alternate Routes”). Also excluded are those teachers who are short- or long-term substitute teachers (as defined by the state), but included are those who are regular full-time or part-time classroom teachers.

The content areas are the core content areas defined by the No Child Left Behind Act plus special education, bilingual education/ESL, and career/technical education.

HIGHLY QUALIFIED TEACHERS IN ALTERNATE ROUTES:
Any teacher who has obtained full state certification (whether he or she has achieved certification through traditional or alternate routes), has a 4-year college degree, and has demonstrated subject matter competence in each of the core academic subjects in which he or she is or will be teaching is considered to be “highly qualified” under the law. Teachers who are participating in alternate route programs may be considered to meet the certification requirements of the definition of a highly qualified teacher (and not be counted as on a waiver) if they are permitted by the state to assume functions as regular classroom teachers only for a specified period of time not to exceed three years, and demonstrate satisfactory progress toward full certification in their program as prescribed by the State. Their alternate route program must provide high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching. Teachers in such a program must also participate in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program.

The Title II Team has developed draft system screens to help you prepare for reporting data using the new definition. These screens show the new requirements as they will likely appear in next year's Title II reporting system. To view the draft system changes, go to: www.title2.org/srsomb/ Go to Section VI to view the new item.

To answer questions you may have, we are providing information in the form of questions and answers below. Also, additional guidance regarding NCLB definitions was made available recently on the web at:
www.ed.gov/programs/teacherqual/guidance.doc. Here you will find "Improving Teacher Quality: Non-regulatory Guidance" issued September 12, 2003.

Please do not hesitate to call or email your Title II Team contact if you have questions regarding the revisions in data reporting for next year.

Title II Service Center
Westat
1650 Research Blvd.
Rockville, MD 20850
Direct Line (301) 251-4291
Toll-Free (877) 684-8532
Fax (301) 294-4475
Title2@westat.com
web site www.title2.org


Questions and Answers on Title II Reporting Requirements for 2004

Question 1: When are States required to report using the new definition?

Answer: States will first report using the new definition in their October 2004 reports for school year 2003-04.

Question 2: Is the waiver count still a snapshot taken at the beginning of the year?

Answer: No, the count has changed to a count of teachers on waivers for the entire school year.

Question 3: Do States include teachers who received an initial certificate in another state, but do not meet requirements of the state for which he/she is now applying for employment in the waiver count?

Answer: If your State places teachers certified in another State on a temporary, emergency, or provisional license until they meet all of your State's certification/licensure requirements, you would count them as being on a waiver. This is a departure from the former waiver definition.

Question 4: What if a teacher begins the school year on a waiver, but is fully certified by the end of the school year?

Answer: If the teacher receives full certification by the end of the school year, he/she should not be included in the waiver count.

Question 5: Should states take a count of the number of teachers (commonly referred to as a "headcount") who are on waivers, or a count of the classes taught by teachers who are on waivers?

Answer: For Title II, HEA reporting in the accountability system, report the unduplicated number of teachers (headcount) who are waivers in your state. However, you should be aware that NCLB requires states to report both the number of teachers on waivers and the number of classes taught by teachers on waivers.

Question 6: What if a teacher is fully certified and teaching in one core academic area, but is teaching out-of-field in a second area?

Answer: The teacher would be considered to be fully certified and should not be included in the waiver count.

Question 7: Our state issues a temporary certificate to alternative route participants. Do we include alternative route participants in the waiver count?

Answer: This is one of the areas where we are aligning Title II, HEA data collection with NCLB. Under certain circumstances, teachers who are not yet fully certified and are participating in an alternative route to certification are not considered to be on a waiver and are not included in the waiver count. To be excluded from the waiver count, these teachers must participate in an alternative route that meets four requirements. The teachers:

  1. receive high-quality professional development;
  2. participate in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers, or a teacher mentoring program;
  3. assume functions as a teacher only for a specified period of time not to exceed three years; and
  4. demonstrate satisfactory progress toward full certification as prescribed by the State.

Teacher candidates participating in an alternative certification routes meeting these requirements are considered highly qualified and should not be included in the waiver count. For more information, please refer to the Department's Web site at: www.ed.gov/programs/teacherqual/guidance.doc. Here you will find "Improving Teacher Quality: Non-regulatory Guidance" issued September 12, 2003. See Section C-7.

Question 8: What is meant by "secondary level" in the subject area categories?

Answer: Any middle school, junior high school, or senior high school is considered to be a secondary level school.