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Joseph Frey, Deputy Commissioner for Higher Education

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No Child Left Behind Act of 2001 (NCLB)

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NCLB NYS
Field Memo
#02-2003 

Cover Letter

Introduction

Part A  “Highly Qualified” Teachers

Part B  “Qualified” Title I Paraprofessionals

Part C  Accountability System for Teachers and Title I Paraprofessionals

Part D  Charter Schools and Non-public Schools

Part E  Parents Right to Know 

Part F  Links to Further Information

For More Information: nclbnys@mail.nysed.gov

 

Print Field Memo #02-2003 as  or PDF or WORD 

Part B
“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. The NCLB adds a new requirement for individuals providing instructional support in New York State’s public schools.  When such individuals are Title I paraprofessionals, as defined in B1, they must meet both State and federal requirements.  They must be:

  • State certified teaching assistants (or meet applicable New York City requirements for comparable positions); and
  • “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 the 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 discussed in D1 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.

B3. A paraprofessional “working in a program supported by Title I, Part A funds” is defined as an employee of a local educational agency (LEA) receiving Title I, Part A funds who:

  • works in a “targeted assistance school” and is paid with Title I, Part A funds; or
  • works in a “schoolwide program school”; or
  • provides instructional support to a public school teacher who provides equitable services to eligible private school students.

NOTE:  BOCES and State schools are not LEAs receiving Title I, Part A funds, so paraprofessionals employed by BOCES and State schools are not subject to the NCLB.


B4.  The NCLB permits Title I paraprofessionals to perform the following duties:  

  • providing instructional support services;
  • 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;
  • assisting in classroom management;
  • assisting in computer instruction;
  • providing instructional support in a library or media center;
  • conducting parent involvement activities; or
  • 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:

  • the teacher must plan instructional activities that the paraprofessional carries out;
  • the teacher must evaluate the achievement of the students with whom the paraprofessional is working; and
  • 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.”   

  • Individuals hired after January 8, 2002 must be “qualified” when hired.
  • Individuals hired on or before January 8, 2002 must be “qualified” by January 8, 2006.

NOTE:  BOCES and State schools are not LEAs receiving Title I, Part A funds, so paraprofessionals employed by BOCES and State schools are not subject to the NCLB at any time, regardless of where they provide services.

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):

  • has at least two years of college; or
  • has an associate’s or higher degree; or
  • 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:

  • translating from languages other than English to enhance the participation of limited English proficient children in Title I programs; or
  • conducting parental involvement activities.


B8.   The two educational options for being a “qualified” Title I paraprofessional are:

  • two years of study (48 semester hours) at a public college or university (e.g., SUNY, CUNY) or an independent college or university; or
  • an associate’s or higher degree.

B9. The assessment option for being a “qualified” Title I paraprofessional in New York State is either (1) the State assessment or (2) a local assessment that is selected or developed by an LEA and that meets the NCLB’s statutory and regulatory requirements for addressing knowledge of, and the ability to assist in teaching, as appropriate:

  • reading/language arts, writing and math; or
  • reading readiness, writing readiness and math readiness.

B10. The State assessment – the New York State Assessment of Teaching Assistant Skills (NYSATAS) – serves both State and NCLB purposes. The NYSATAS will be required for all candidates for teaching assistant certificates applying after February 1, 2004. Registration will begin in April 2003, by email or phone only. The NYSATAS will initially be administered on June 21, 2003 and August 2, 2003 at locations across the State. Please refer to http://www.highered.nysed.gov/tcert/certificate/atas.htm for further information, 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.   An LEA may use an assessment developed commercially for NCLB Title I paraprofessionals.  Possible options include:

B12.   An LEA may use a locally developed assessment for Title I paraprofessionals provided that the LEA provides assurances that each assessment it uses addresses the knowledge and ability required by the NCLB, described in B9.   Locally developed assessments may be in any format, including:  

  • written assessments;
  • tenure reviews;
  • performance reviews; or
  • combinations of the above; or
  • other types of assessments.

B13. Under New York State policy, 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 assessment option as described in Item B9.

B14. Local performance reviews or other local evaluative processes can be used to satisfy the NCLB’s assessment option provided that the superintendent of the local educational agency assures that the performance review or evaluative process meets the NCLB’s criteria for the assessment option as described in Item B9.  Performance reviews conducted at any time, even before the NCLB was enacted, can be used.

B15. SED recommends that NCLB local assessments for Title I paraprofessionals be:

  • documented;
  • signed and dated by the test taker and evaluator, as applicable;
  • consistently used for all candidates in the same school year; and
  • 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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