5:280-AP1 – Paraprofessionals Working in a Program Supported with Title I Funds

All paraprofessionals, including teacher aides, hired after January 8, 2002 and working in a program supported with Title I funds, shall have the qualifications and duties as described in Title I of the Elementary and Secondary Education Act.

Paraprofessionals, including teacher aides, hired after January 8, 2002 shall be told in writing that:

A new federal law requires that new teacher aides and other paraprofessionals working in a program supported with federal funds under Title I have two years of college, an Associate’s Degree or higher, or pass a proficiency exam.  The U.S. Department of Education is in the process of developing regulations to implement this federal law.  The Batavia Public School District has hired you contingent upon your meeting these requirements when clarified.  When we receive this information, we will forward it on to you.

Paraprofessionals, including teacher aides, hired before January 8, 2002 shall be told in writing that:

A new federal law requires that teacher aides and other paraprofessionals working in a program supported with federal funds under Title I meet new requirements effective January 8, 2006.  This new federal law requires that paraprofessionals have two years of college, an Associate’s Degree or higher, or pass a proficiency exam.  The U.S. Department of Education is in the process of developing regulations to implement this federal law.  When we receive this information, we will forward it on to you.

The new law is re-printed below:

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§1119(c) New Paraprofessionals
(1) In General – Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 and working in a program supported with funds under this part shall have –
(A) completed at least 2 years of study at an institution of higher education;
(B) obtained an associate’s (or higher) degree; or

(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment –
(i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
(ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness and mathematics readiness, as appropriate.
(2) Clarification – The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1)(C).
§1119(d) Existing Paraprofessionals – Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired before the date of enactment of the No Child Left Behind Act of 2001, and working in a program supported with funds under this part shall, not later than 4 years after the date of enactment satisfy the requirements of subsection (c).

§1119(e) Exceptions For Translation And Parental Involvement Activities – Subsections (c) and (d) shall not apply to a paraprofessional –
(1) Who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; or
(2) Whose duties consist solely of conducting parental involvement activities consistent with section 1118.
§1119(f) General Requirement For All Paraprofessionals – Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals working in a program supported with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or its recognized equivalent.
§1119(g) Duties Of Paraprofessionals –
(1) In General – Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection.
(2) Responsibilities Paraprofessionals May Be Assigned – A paraprofessional described in paragraph (1) may be assigned –
(A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;
(B) to assist with classroom management, such as organizing instructional and other materials;

(C) to provide assistance in a computer laboratory;
(D) to conduct parental involvement activities;
(E) to provide support in a library or media center;

(F) to act as a translator; or

(G) to provide instructional services to students in accordance with paragraph (3).
(3) Additional Limitations – A paraprofessional described in paragraph (1) –
(A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; and
(B) may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.
§1119(h) Use Of Funds – A local educational agency receiving funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section.
§1119(i) Verification Of Compliance –
(1) In General – In verifying compliance with this section, each local educational agency, at a minimum, shall require that the principal of each school operating a program under section 1114 or 1115 attest annually in writing as to whether such school is in compliance with the requirements of this section.
(2) Availability Of Information- Copies of attestations under paragraph (1) –
(A) shall be maintained at each school operating a program under section 1114 or 1115 and at the main office of the local educational agency; and
(B) shall be available to any member of the general public on request.
§1119(j) Combinations Of Funds – Funds provided under this part that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts, and other sources.
§1119(k) Special Rule – Except as provided in subsection (l), no State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part, that this paragraph shall not apply with respect to requirements under section 1116(c)(3).

§1119(l) Minimum Expenditures – Each local educational agency that receives funds under this part shall use not less than 5 percent, or more than 10 percent, of such funds for each of fiscal years 2002 and 2003, and not less than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure that teachers who are not highly qualified become highly qualified not later than the end of the 2005-2006 school year.

Date Adopted: 03/13/2008