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

College & Workforce Readiness Webinar Data-Driven and District-Ready: What EdWeek Research Tells Us About the CTE Market
Discover how to sharpen your positioning in a fast-moving market of CTE with actionable strategies grounded in EdWeek Research Center data.
Classroom Technology Live Online Discussion A Seat at the Table: The Rewiring of Childhood With Jonathan Haidt
Jonathan Haidt, Catherine Price, and Adam Swinyard join Peter DeWitt on how to get students off devices and back to the basics of childhood.
Professional Development K-12 Essentials Forum Getting Professional Development to Stick
Join this free virtual event to explore best practices, funding, format, and timing for teacher and principal PD.

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 Interactive Feds Issue a Slimmed-Down Data Release on U.S. Schools
The Condition of Education highlights school enrollment, finance, and graduation data.
Image of blurry data and a school building.
Laura Baker/Education Week + Canva
Federal Opinion We Need Better Data to Understand What Happens to Students After High School
Here are the two things we need before we can answer how well we’re preparing students.
Jennifer Bell-Ellwanger & Sara Schapiro
4 min read
Future data arrow concept with student looking out to a tangle of possibilities. Choice. grow chart up decisions. Pathways.
Vanessa Solis/Education Week + Getty
Federal Opinion How the Institute of Education Sciences Could Better Serve Schools
“It’s been all over the place,” explains the scholar tasked with reimagining IES.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Senate Days Are Numbered for Top Republican Charged With Ed. Dept. Oversight
Sen. Bill Cassidy was vying for a third term in the Senate but lost his primary over the weekend.
4 min read
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party Saturday, May 16, 2026, in Baton Rouge, La.
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party on Saturday, May 16, 2026, in Baton Rouge, La. Cassidy leads the Senate committee charged with education policy. He was vying for a third Senate term but lost his primary over the weekend.
Gerald Herbert/AP