Federal

Calif. Court Invalidates ‘Individualized Intern’ Certification

By Joetta L. Sack — November 08, 2005 3 min read
  • Save to favorites
  • Print

A California court last week ordered the state to void permits for nearly 2,000 California teachers who hold a special license designed to help them meet the “highly qualified” mandate of the federal No Child Left Behind Act.

A superior court judge in San Francisco told the California Commission on Teacher Credentialing to immediately stop issuing “individualized intern certificates” to teachers who do not qualify for full licensure. The judge also ordered the commission to correct reports to the federal government on the state’s numbers of highly qualified teachers and to issue temporary teaching permits to those who currently hold the individualized intern certificate.

Compromise Upended

The decision was part of a settlement agreed to by the commission on a lawsuit brought against the state by an education advocacy group earlier this year.

The suit came after state education officials worked out a compromise with the U.S. Department of Education to allow teachers who held the individualized intern credential to be deemed highly qualified.

Many of those teachers had previously taught with emergency teaching permits, and many researchers and advocates criticized the certificate because teachers holding it might not be close to fulfilling the requirements to receive a permanent license. (“States Given Extra Year on Teachers,” Nov. 2, 2005.)

“This decision ensures that we will have a more accurate picture of the numbers of highly qualified teachers in California,” John Affeldt, the managing attorney at the San Francisco-based public-interest law firm Public Advocates Inc., said in a written statement.

“It also allows teachers and students to remain in their classrooms undisturbed while putting pressure on the state and districts to get everyone qualified.”

Mr. Affeldt’s firm argued the case on behalf of the advocacy group Californians for Justice. That statewide group charged that students in low-performing, high-poverty, or high-minority schools were more likely to be taught by a teacher who did not have a full credential.

The No Child Left Behind Act dictates that all students be taught by a highly qualified teacher in core academic classes, and states must certify that all veteran teachers meet that standard by the end of this academic year unless they receive a waiver from the U.S. Department of Education. California settled a case with the Education Department last year involving its use of the “highly qualified” label with teachers who were working with emergency permits.

Currently, fewer than 2,000 California teachers are using the individualized-intern certification, said Mary Armstrong, the general counsel for the state teaching commission.

About 4,000 of the permits have been issued since they were established in 2003, but the majority of those holders have either received permanent credentials or are no longer teaching, she said.

Few Immediate Effects

While the order will not immediately affect the teachers’ jobs, salaries, or benefits, their “highly qualified” classification will be affected. Those teachers will be able to continue teaching with temporary credentials while they work toward attaining a full credential.

Ms. Armstrong said the ruling will not significantly change the number of highly qualified teachers in the state. California has about 306,000 precollegiate teachers, but the state has seen severe shortages in recent years.

Under the ruling, the teaching commission must submit a revised count of highly qualified teachers in classes across the state to the legislature as well as to federal officials. In addition, the NCLB law requires all schools to notify parents if their children are in classrooms with noncertified teachers for more than four weeks.

A version of this article appeared in the November 09, 2005 edition of Education Week as Calif. Court Invalidates ‘Individualized Intern’ Certification

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
Budget & Finance Webinar
Innovative Funding Models: A Deep Dive into Public-Private Partnerships
Discover how innovative funding models drive educational projects forward. Join us for insights into effective PPP implementation.
Content provided by Follett Learning
Budget & Finance Webinar Staffing Schools After ESSER: What School and District Leaders Need to Know
Join our newsroom for insights on investing in critical student support positions as pandemic funds expire.
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
Student Achievement Webinar
How can districts build sustainable tutoring models before the money runs out?
District leaders, low on funds, must decide: broad support for all or deep interventions for few? Let's discuss maximizing tutoring resources.
Content provided by Varsity Tutors for Schools

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 A Bipartisan Bill Aims to Boost AI Education for K-12 Teachers
A new bill would create a grant program at the National Science Foundation focused on AI and K-12 schools.
4 min read
Highway directional sign for AI Artificial Intelligence
Matjaz Boncina/iStock/Getty
Federal K-12 Leaders Denounce Antisemitism But Reject That It's Rampant in Schools
Three school district leaders said they're committed to rooting out antisemitism during a hearing in Congress.
6 min read
From left, David Banks, chancellor of New York Public schools, speaks next to Karla Silvestre, President of the Montgomery Count (Md.) Board of Education, Emerson Sykes, Staff Attorney with the ACLU, and Enikia Ford Morthel, Superintendent of the Berkeley United School District, during a hearing on antisemitism in K-12 public schools, at the House Subcommittee on Early Childhood, Elementary, and Secondary Education, on May 8, 2024, on Capitol Hill in Washington.
From left, David Banks, chancellor of New York City schools, speaks next to Karla Silvestre, president of the Montgomery County, Md., school board; Emerson Sykes, staff attorney with the ACLU; and Enikia Ford Morthel, superintendent of the Berkeley Unified school district in Berkeley, Calif., during a hearing on antisemitism in K-12 public schools, at the House Subcommittee on Early Childhood, Elementary, and Secondary Education, on May 8, 2024, in Washington.
Jacquelyn Martin/AP
Federal Miguel Cardona in the Hot Seat: 4 Takeaways From a Contentious House Hearing
FAFSA, rising antisemitism, and Title IX dominated questioning at a U.S. House hearing with Education Secretary Miguel Cardona.
6 min read
Secretary of Education Miguel Cardona testifies during a House Committee on Education and Workforce hearing on Capitol Hill, Tuesday, May 7, 2024, in Washington.
U.S. Secretary of Education Miguel Cardona testifies during a House Committee on Education and Workforce hearing on Capitol Hill on May 7 in Washington.
Mariam Zuhaib/AP
Federal Arming Teachers Could Cause 'Accidents and More Tragedy,' Miguel Cardona Says
"This is not in my opinion a smart option,” the education secretary said at an EdWeek event.
4 min read
U.S. Secretary of Education Miguel Cardona speaks during Education Week’s 2024 Leadership Symposium at the Hyatt Regency Crystal City in Arlington, Va., on May 2, 2024.
U.S. Secretary of Education Miguel Cardona speaks during Education Week’s 2024 Leadership Symposium at the Hyatt Regency Crystal City in Arlington, Va., on May 2, 2024.
Sam Mallon/Education Week