No Child Left Behind Act of 2001 (NCLB)
Main
NCLB NYS
Field Memo
#01-2005
Cover letter
Introduction
Part A NCLB Requirements for "Highly Qualified"
Teachers
Part B NCLB Requirements for "Qualified" Title I
Paraprofessionals
Part C NCLB Accountability System for Teachers and
Title I Paraprofessionals
Part D NCLB Requirements for Charter Schools and
Non-public Schools
Part E NCLB Parents Right to Know Requirements
Part F Links to Further Information
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Part B. NCLB Requirements for "Qualified" Title I Paraprofessionals
B1. A Title I paraprofessional is an individual who (1)
has instructional support duties and (2) works in a program supported with Title
I, Part A funds, as defined in B3.
B2. Title I paraprofessionals, as defined in Item B1,
must meet both State and federal requirements. They must be:
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State certified teaching assistants (or meet applicable New
York City requirements for comparable positions); and
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"qualified," as defined by the NCLB by the deadlines in the
NCLB.
An individual's job title, which is determined by an employer,
is not relevant for determining whether an individual is subject to either the
State's or NCLB's requirements. If an individual's job duties include providing
instructional support, the individual is serving as a "teaching assistant" (or
in a comparable position in New York City) and must be certified (or meet applicable
New York City requirements), unless the charter school exception applies. If
an individual's job duties include providing instructional support and
the individual is "working in a program supported with Title I funds," the individual
is a Title I paraprofessional and must meet both State (or New York City) and
NCLB requirements. For detailed information, see NCLB NYS Field Memos #3-2003
and #10-2003 at http://www.highered.nysed.gov/nclbhome.htm
B3. A paraprofessional "working in a program supported
by Title I, Part A funds" is employed by an LEA receiving Title I, Part A funds
and:
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works in a "targeted assistance school" and is paid
with Title I, Part A funds; or
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works in a "schoolwide program school"; or
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provides instructional support to a public school teacher
who provides equitable services to eligible private school students.
BOCES, CVEEBs, State schools, Special Act School Districts and
schools operated by other State agencies are not LEAs receiving Title I, Part
A funds. Therefore, paraprofessionals employed by these entities are not subject
to the NCLB, regardless of where they provide services.
B4. The NCLB permits Title I paraprofessionals to perform
the following duties:
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providing instructional support services;
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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;
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assisting in classroom management;
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assisting in computer instruction;
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providing instructional support in a library or media center;
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conducting parent involvement activities; or
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acting as a translator.
B5. The NCLB requires all Title I paraprofessionals to
perform their duties under the direct supervision of a "highly qualified" teacher.
This means:
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the teacher must plan instructional activities that the paraprofessional
carries out;
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the teacher must evaluate the achievement of the students
with whom the paraprofessional is working; and
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the paraprofessional must work in close and frequent physical
proximity to the teacher.
B6. There are two deadlines for Title I paraprofessionals
to be "qualified."
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Individuals hired after January 8, 2002 must be "qualified"
when hired.
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Individuals hired on or before January 8, 2002 must be "qualified"
by January 8, 2006.
B7. A "qualified" Title l paraprofessional has a high
school diploma or a recognized equivalent when hired and meets one of the
following (unless covered by an exception):
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has at least two years of college; or
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has an associate's or higher degree; or
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has passed a formal State or local academic assessment.
EXCEPTIONS. Title I paraprofessionals need only have a high
school diploma or a recognized equivalent to be "qualified" if their duties
consist solely of:
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translating from languages other than English to enhance the
participation of limited English proficient children in Title I programs;
or
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conducting parental involvement activities.
B8. Education Options. The two educational options
for being a "qualified" Title I paraprofessional are:
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two years of study (48 semester hours) at a public college
or university (e.g., SUNY, CUNY) or an independent college or university;
or
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an associate's or higher degree.
B9. Assessment Options. The assessment option
for being a "qualified" Title I paraprofessional in New York State is either
the State assessment (see Item B10 of this Fact Sheet) or a local
assessment (see Item B11 of this Fact Sheet).
B10. State Assessment Option. The State assessment
- the New York State Assessment of Teaching Assistant Skills (NYSATAS) - serves
both State and NCLB purposes. The NYSATAS is required for all candidates for
State teaching assistant certificates who apply after February 1, 2004. For
information about the NYSATAS, see
http://www.highered.nysed.gov/tcert/certificate/atas.htm
or write to HEATAS@mail.nysed.gov . Individuals who pass the NYSATAS are "qualified"
as Title I paraprofessionals in every LEA in New York State.
B11. Local Assessment Options. An LEA may use a
locally developed or selected assessment provided that the LEA's superintendent
provides assurances that the local assessment addresses knowledge of, and
the ability to assist in teaching, as appropriate:
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reading/language arts, writing and math; or
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reading readiness, writing readiness and math readiness.
Local assessments may be in any format, including:
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written assessments;
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tenure reviews;
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performance reviews;
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combinations of the above; or
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other types of assessments.
Commercial products that can be used as a local assessment
include:
Tenure reviews may be used as local assessments. It is
New York State policy that teaching assistants who are State-certified and have
achieved tenure in a review conducted in accordance with Education Law sections
2509(2), 3012(2) or 2573 have met the NCLB's criteria for the local assessment.
Procedural recommendations for local assessments. SED
recommends that NCLB local assessments for Title I paraprofessionals be:
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documented;
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signed and dated by the test taker and evaluator, as applicable;
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consistently used for all candidates in the same school year;
and
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retained in LEA records for no less than six years from the
end of the last school year in which the individual is employed.
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