No Child Left Behind Act of 2001 (NCLB)

• They must meet the applicable State requirements for certification as teaching assistants based on the standards in effect at the time they are certified, or meet applicable requirements for comparable positions in New York City.
  
  
• They must also meet the NCLB standards for being a “qualified” Title I paraprofessional, as defined in this document.

For further information about State certification requirements, see http://www.highered.nysed.gov/tcert or email tcert@mail.nysed.gov. This document focuses on NCLB standards.

• are employed by the LEA; and
  
  
• provide instructional support services; and
  
  
• work in a “program supported with Title I, Part A funds.” [34 CFR 200.58]

• works in a “schoolwide” program; or
  
  
• works in a “targeted assistance” program and is paid with funds from Title I, Part A; or
  
  
• is employed by an LEA with funds under Title I, Part A, Subpart A to provide instructional support to a public school teacher who provides equitable services to eligible private school students. [34 CFR 200.58]

“Schoolwide” program schools combine Title I, Part A funds with other funds to provide services to all students in the school. In contrast, schools with “targeted assistance” programs receive Title I, Part A funds for services provided only to eligible students. [NCLB sections 1114 and 1115]

No. The NCLB’s requirements for paraprofessionals only apply to LEAs and schools that receive Title I, Part A funds. 

• If an LEA does not receive Title I, Part A funds, the NCLB’s requirements do not apply to the entire LEA. (However, paraprofessionals in non-Title I programs who provide instructional support services must still be certified as teaching assistants or meet comparable requirements in New York City.)
  
  
• If an LEA receives Title I, Part A funds, but a school within that LEA does not receive Title I, Part A funds, the requirements do not apply to paraprofessionals working in that school. [USDOE 11/15/02]

• provide one-on-one tutoring for eligible students if the tutoring is scheduled for a time when a student would not otherwise receive instruction from a teacher; or
  
  
• assist with classroom management, such as organizing instructional and other materials; or
  
  
• provide instructional assistance in a computer laboratory; or
  
  
• conduct parental involvement activities; or
  
  
• provide support in a library or media center; or
  
  
• act as translators; or
  
  
• provide other instructional support services under the “direct supervision” of a teacher. [34 CFR 200.58 and 200.59]

The Commissioner’s Regulations define the duties of paraprofessionals (or school support personnel). The duties of some paraprofessional positions in New York City are comparable to the duties of teaching assistants.

• Individuals who provide instructional support are performing the duties of a teaching assistant, regardless of their job titles assigned by their LEAs, and must be certified by the State as teaching assistants, or meet applicable New York City requirements for comparable positions. For further information about State certification requirements for teaching assistants, please refer to http://www.highered.nysed.gov/tcert/part80.htm#5.6. [8 NYCRR80-5.6(b)]
  
  
• Individuals who do not provide instructional support, regardless of their job titles assigned by their LEAs, are “teacher aides.” [8 NYCRR80-5.6(a)] Individuals performing only the non-instructional support duties of teacher aides are not Title I paraprofessionals. 

There are two possible deadlines. The one that should be used for any given individual depends on when that individual was hired. [34 CFR 200.58]

• The NCLB and Federal regulations states that Title I paraprofessionals hired after January 8, 2002, the date the NCLB was enacted, must be “qualified” when hired. However, SED recognizes that LEAs were not able to meet that deadline – though many were making a good faith effort to do so – because they (1) did not know about the requirement until some time after January 8, 2002; (2) the final Federal regulations addressing the qualifications of Title I paraprofessionals did not take effect until January 2, 2003; and (3) the New York State Assessment of Teaching Assistant Skills was not available until June 21, 2003. Therefore, SED recommends that LEAs, prior to the start of the 2003-2004 school year, have procedures in place to assure that all Title I paraprofessionals hired after January 8, 2002 who do not have the required coursework or an associate's or higher degree are able to meet the NCLB requirements through the assessment option.
  
  
• Title I paraprofessionals hired on or before January 8, 2002 must be “qualified” by January 8, 2006.

• the teacher plans the instructional activities that the Title I paraprofessional carries out; and
  
  
• the teacher evaluates the achievement of the students with whom the Title I paraprofessional is working; and
  
  
• the Title I paraprofessional works in “close and frequent physical proximity” to the teacher. [34 CFR 200.59(c)(2)]

A program staffed entirely by Title I paraprofessionals would not be permitted because of this requirement. [USDOE 11/15/02]

SED interprets “close and frequent physical proximity” to mean that the assigned teacher must be in the same building and readily available to the Title I paraprofessional whenever the Title I paraprofessional is working with students. When a Title I paraprofessional supports an itinerant teacher, the LEA must ensure that another teacher is in the same building and readily available to the Title I paraprofessional whenever the Title I paraprofessional is working with students and the itinerant teacher is not in the building.

• Individuals who apply for a teaching assistant certificate on or before February 1, 2004 and are certified do not automatically meet the NCLB's requirements. They must meet the NCLB's requirements in addition to being certified, as described in Part B, below.
  
  
• Individuals who apply for a teaching assistant certificate after February 1, 2004 and are certified will automatically meet the NCLB's requirements for Title I paraprofessionals because they will have passed the New York State Assessment of Teaching Assistant Skills (NYSATAS).