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A few weeks ago, the U.S. Department of Education (USDE) issued a "reinterpretation" that requires elementary teachers (defined in Texas as EC-6) new to the profession when hired for the 2009-10 school year holding subject-specific certification and those holding EC-12 special education certification to take and pass an additional generalist certification exam. The Texas Education Agency (TEA) is now clarifying this interpretation for some new elementary teachers to become highly qualified.

According to the TEA, passing the TExES EC-4, EC-6, or 4-8 generalist; TExES EC-4, EC-6, or 4-8 bilingual generalist; or TExES EC-4, EC-6, or 4-8 ESL generalist will meet the requirement.

TCTA reacted immediately, sending letters to USDE and the Texas Congressional delegation opposing this new interpretation.  One of the arguments we made was that it made no sense in departmentalized elementary grades.  For example, under USDE’s interpretation, a 4-8 math certified teacher who is teaching 4th grade math to have to take an elementary generalist exam covering English language arts (ELA), science and social studies, even though he/she wasn’t teaching those subjects. 

Other certificates held by elementary teachers that were affected by this new interpretation include 4-8 science, 4-8 social studies, 4-8 math/science, 4-8 ELA/reading, 4-8 ELA/reading/social studies and EC-12 special education.

Unfortunately, the USDE’s final decision was to exempt only the all-level art, music, and theater teachers from the requirement based upon their finding that these subjects aren’t “other areas of the basic elementary school curriculum” contemplated by the law. 

In a letter sent to school districts on Jan. 22, TEA stated that the USDE did agree that highly qualified teacher determinations made for new elementary school teachers for the 2008-09 and previous school years under the prior interpretation may remain valid for the teacher as long as the teacher remains in the same teaching assignment.  For this purpose, “same teaching assignment” is defined as the same subject area at the elementary level, i.e., elementary math or elementary reading/language arts. 

Changing from one grade level in the subject area to another grade level in the same subject area is not changing teaching assignment for this purpose, i.e., fourth grade math to second grade math.  Also, a district must have a development plan on file at the local level for these teachers and ensure that none of them are teaching in or being paid with Title I funds.

TEA’s letter specifically stated that they do not intend for any new teachers to be released from their teaching positions due to this new interpretation and that they will work with school districts to the extent allowed by the USDE.

Posted: 02/01/10