Skip to main content
California Department of Education Logo

US Dept of Education on CA Interns and HQT Status

California Department of Education
Official Letter
California Department of Education
Official Letter

February 22, 2011

Dear County and District Superintendents and Charter School Administrators:

U.S. DEPARTMENT OF EDUCATION ISSUES ADVICE REGARDING CALIFORNIA
INTERNS AND HIGHLY QUALIFIED TEACHER STATUS

On September 27, 2010, the U.S. Court of Appeals for the Ninth Circuit, ruled on Renee v. Duncan. The Court ruled that the federal regulation that permits teachers who are participating in an alternative route to achieving full certification conflicts with the statute and does not meet the requirements of the Elementary and Secondary Education Act (ESEA) of 1965. The California Department of Education has received several inquiries from the field regarding the impact of this decision on California’s regulations on this issue. It is important to note that California was not a party to the Renee v. Duncan litigation, and the California regulation was not argued before the Court.

Part of a Continuing Resolution that the U.S. Congress passed, and the President signed in late December 2010, addresses the alternative certification/Highly Qualified Teacher (HQT) issue. The provision amends the ESEA to confirm that teachers in alternative route programs may continue to teach as fully certified-highly qualified teachers under provision of this regulation until 2012–13, subject to any provision that Congress may enact before then in a reauthorized ESEA.

SEC. 163. (a) A ‘highly qualified teacher’ includes a teacher who meets the requirements in 34 Code of Federal Regulations 200.56(a)(2)(ii), as published in the Federal Register on December 2, 2002; (b) This provision is effective on the date of enactment of this provision through the end of the 2012–13 academic year.

Therefore, local educational agencies are not under any obligation to alter their current practices.

If you have any questions regarding this subject, please contact Lynda Nichols, Education Programs Consultant, Title II Leadership Office, by phone at 916-323-5822 or by e-mail at lnichols@cde.ca.gov.

Sincerely,

Tom Torlakson

TT:rt

Last Reviewed: Monday, August 24, 2015

Recently Posted in Editorials & Letters

  • New Health Coverage Opportunities for Students (added 27-Jul-2016)
    Letter to County and District Superintendents and Charter School Administrators regarding new health coverage opportunities and enrollment assistance for California's students.
  • LeadLearn2016 Forum Flyer (PDF) (added 26-Jul-2016)
    The LeadLearn2016 forum flyer that gives information regarding forum topics, forum registration, and forum dates and location.
  • History–Social Science Recruitment (PDF) (added 20-Jul-2016)
    Recruitment flyer from The California Department of Education and State Board of Education. They are seeking reviewers to participate in the 2017 History–Social Science Instructional Materials Adoption.
  • History–Social Science Request for Reviewers (added 20-Jul-2016)
    Letter regarding the recruitment of individuals to participate in the evaluation of kindergarten through grade eight (K–8) instructional materials for the 2017 History–Social Science Adoption.
  • 2017 California History–Social Science (added 20-Jul-2016)
    Instructional Materials Adoption (Kindergarten through Grade Eight)

  • Summer Meals Critical for California Children (added 18-Jul-2016)
    Letter to District and County Superintendents, Charter School Administrators, and School Principals regarding Summer Meals critical for California children.
  • Summer Meal Programs (added 18-Jul-2016)
    Letter from U.S. Secretary of Agriculture Thomas J. Vilsack and U.S. Secretary of Education John B. King, Jr. regarding U.S. Department of Agriculture’s Summer Meal Programs.
  • Staff Evaluation Reporting System Survey (added 18-Jul-2016)
    Letter to County and District Superintendents and Direct-Funded Charter School Administrators regarding the Staff Evaluation Reporting System Survey.
  • Professional Learning Modules for Instructors (added 13-Jul-2016)
    California Preschool Instructional Network region contacts for the Professional Learning Modules for Transitional Kindergarten Teachers and Administrators in California’s public schools.
  • Transitional Kindergarten Attachment (PDF) (added 13-Jul-2016)
    Professional learning modules for transitional kindergarten teachers and administrators in California’s public schools. List of Region contacts.