Federal

Calif. Group Sues Over ‘Highly Qualified’ Label

By Catherine Gewertz — August 09, 2005 1 min read
  • Save to favorites
  • Print

A California activist group has sued the state commission on teacher credentialing, contending it is misleading the public by enabling teachers with emergency credentials to serve as “highly qualified” educators under the federal No Child Left Behind Act.

The lawsuit focuses on the commission’s creation of the “individualized internship certificate” three years ago. The policy allows teachers with emergency credentials who have demonstrated subject-matter competence—but not yet completed all their pedagogical coursework—to teach and be considered highly qualified under the federal law.

Mary C. Armstrong, the general counsel for the credentialing commission, said the state board of education approved the certificate as a way to recognize a subgroup of emergency-certified educators who had reached a certain level of skill and were working toward full credentials.

The suit, filed in superior court in San Francisco by the group Californians for Justice on Aug. 2, says the commission has issued more than 2,800 such certificates. Ms. Armstrong said the latest figures she has show that 2,600 had been issued by June 2004.

‘Really Misleading’

Michelle Rodriguez, a lawyer from San Francisco-based Public Advocates Inc., which is representing the plaintiffs, said the teachers working with the new certificate fall short of the federal law’s requirements because they are not in a rigorous credentialing program with classroom supervision. “It really is misleading to call these people ‘highly qualified’ teachers,” she said.

Ms. Armstrong said the aspiring teachers do receive supervision in the classroom. “We stand behind the certificate,” she said.

The lawsuit is the latest development in an ongoing controversy in California over the definition of “highly qualified” teachers. In 2002, the state proposed a definition of “highly qualified” that included emergency-certified teachers, sparking opposition from activists and some lawmakers, and, ultimately, rejection by the U.S. Department of Education. Tougher rules adopted in 2003 prohibit application of the label to educators with only emergency credentials.

A version of this article appeared in the August 10, 2005 edition of Education Week as Calif. Group Sues Over ‘Highly Qualified’ Label

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal The Ed. Department Calls for a Crackdown on Teacher Sexual Misconduct
The agency released new guidance for schools and launched 20 new probes into school districts.
Collage of a school building, files, maps, and pinpoints on the map.
Collage by Laura Baker/Education Week + Canva
Federal Opinion Why Local Control Over Education Won't Work Without Federal Support
The Trump administration's retreat leaves local education leaders vulnerable.
Dan Goldhaber & Vivian Wong
6 min read
A collage showing the dome top of the U.S. Capitol building and the facade of a high school building. An image of a hand holding a magnifying glass over a stack of documents is emerging between the two buildings.
Illustration by Emily Wright for Education Week + Getty
Federal New GOP Bills Would Permanently Shift Ed. Dept. Programs to Other Agencies
The bills represent the most significant step so far among Republicans to nix the Education Department.
5 min read
APTOPIX America 250 26184689017796
A flight of fighter jets fly past a picture of President Donald Trump hanging on the U.S. Department of Labor near the Great American State Fair on the National Mall on July 3, 2026, in Washington. The Labor Department has assumed day-to-day management of many K-12 programs as the Trump administration dismantles the Education Department.
Nathan Howard/AP Photo
Federal The Principal Pipeline Could Contract Under New Federal Borrowing Caps
A new analysis finds that new student loan limits would hit prospective administrators hardest.
4 min read
Commencement Ceremony 25353687159009
Graduates of Maryland's Towson University celebrate their commencement during a ceremony on Dec. 17, 2025. A new analysis finds that educators studying to become administrators could be hit hardest by new federal caps on student borrowing for graduate students.
Robyn Stevens Brody/Sipa via AP Images