October 21, 2003
Ms. Sandra Feldman
American Federation of Teachers
555 New Jersey Avenue, S.W.
Washington, D.C. 20001
I am writing in response to your letter asking us to reiterate, in a letter to the Council of Chief State School Officers, our policy regarding whether highly qualified teachers employed by a school or district identified for improvement may provide supplemental educational services. You are correct that in the "Appendix - Analysis of Comments and Changes" section of our final Title I regulations published in December 2002 we clearly do not restrict highly qualified teachers who are employed by schools identified for improvement, corrective action, or restructuring from working for supplemental educational services providers.
The comment section accompanying the final Title I regulations issued on December 2, 2002, states:
|"The final regulations do not restrict in any way the ability of a highly qualified teacher employed by a school identified for improvement, corrective action, or restructuring from forming an entity that would serve as a supplemental educational services provider, or from working for such an entity." 67 Fed. Reg. 71759 (December 2, 2002)|
The comment section goes on to say that even the lowest-performing schools may have teachers who have the experience and skill to provide high-quality supplemental educational services, and points out that the Secretary has no authority to limit contractual agreements between teachers and other entities.
While we understand that there may be confusion on this, as well as on other supplemental services requirements, we do not feel it is necessary to provide additional guidance on this issue directly to the Council of Chief State School Officers at this time. We will, however, consider including a clarification on this issue in any future updates to the non-regulatory guidance on supplemental educational services. I hope this letter is helpful as you work with State leaders to implement the supplemental educational services requirements of Title I of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001.
cc: G. Thomas Houlihan