No Child Left Behind Act of 2001 (NCLB)
Main NCLB NYS
Field Memo
#03-2003
Cover Letter
Table of Contents
Introduction
Part A: General Information
Part B: Definition of a
"Qualified" Title I Paraprofessional
Part C: Two Years of Study Option
Part D: Associate's Degree Option
Part E: Assessment Option
Part F: Applying Requirements for Title I
Paraprofessionals to Specific Circumstances
Part G: Funding to Help Paraprofessionals
Become Qualified
Part H: Accountability and Reporting
Appendix A
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Part E
Assessment Option
| E1. |
What is the assessment option?
If
a Title I paraprofessional does not
meet the two years of study option or the associate's degree
option, the individual can meet the NCLB's requirements by
demonstrating through a formal State or local academic
assessment:
- knowledge of, and the ability to
assist in instructing, reading/language arts, writing and
mathematics [34 CFR 200.58] ; or
- knowledge of, and the ability to
assist in instructing, reading readiness, writing readiness and
mathematics readiness. [34 CFR 200.58]
The assessment must address these areas of knowledge and
abilities to comply with federal statute and regulations.
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| E2. |
If a performance review or other evaluative process has been used in the past, can it be used to satisfy the NCLB assessment
option?
Performance reviews and other evaluative processes used in
the past can be used to satisfy the NCLB assessment option
provided that the superintendent of the local educational
agency assures that the performance review or evaluative process
met the NCLB's criteria for the assessment option as
described in E1. Performance reviews or other evaluative
processes conducted at any time can be used to satisfy the
NCLB's assessment option if they meet the NCLB's
requirements for the assessment option.
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| E3. |
When must a Title I paraprofessional have passed an assessment?
The deadlines for being a qualified Title I
paraprofessional are described in A8.
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| E4. |
Will the USDOE approve State or local assessments for Title I
paraprofessionals?
No. The USDOE makes LEAs responsible for ensuring that all
paraprofessionals have the qualifications required by the NCLB.
LEAs must work with the State education agency to ensure that
those paraprofessionals who demonstrate their competence by
passing a State or local assessment are assessed in ways that
meet the requirements of section 1119 of the NCLB.
Note that the State or local assessment must ensure that more
than just basic skills are being assessed. The law requires that
it be an assessment of subject knowledge and the ability to
assist in instructing. [USDOE 11/15/2002]
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| E5. |
Has the USDOE provided guidance about assessments for Title
I paraprofessionals?
Yes. On November 15, 2002, the USDOE issued non-regulatory draft
guidance on assessments for paraprofessionals. This guidance does
not have the force of law and is subject to change. Furthermore,
SED does not concur with all of the statements that USDOE has
made regarding assessments in its draft guidance. Accordingly,
SED is currently working with the USDOE in an attempt to resolve
those issues with which we disagree, and we will provide further
guidance to the field as soon as more information becomes
available. Although the USDOE's guidance does not have the
force of law and is subject to change, it does represent the
USDOE's position and unless a different understanding is
reached, it cannot be ignored.
Following are some of the comments made by USDOE regarding
assessments in their guidance document, which is available at http://www.ed.gov/offices/OESE/asst.html. Again, however, it should be noted that SED is
working with the USDOE on those issues with which we
disagree.
- "The law does not require a paper and pencil test." "SEAs and
LEAs have flexibility to determine the content and format of any assessment of
paraprofessionals. For example, while an appropriate assessment might be
entirely a written test, it alternatively could be a combination of a written
test on content (reading, writing, and math) and a demonstration of competence
in instruction (assessed through observations via a series of rubrics)."
- "There must be evidence that the assessment is valid and
reliable." "…the assessment should be rigorous and objective.
"
- "Each evaluation should have a standard that the candidate is expected
to meet or exceed. These standards for evaluation must be applied to each
candidate in the same way."
- "The results of the assessment should establish the candidate's
competence as a paraprofessional relative to the standards in section
1119(c)(1)(C) of the NCLB, or target the areas where additional training and
staff development may be needed to help the candidate succeed at meeting the
standard before being hired."
- "The assessment results must be documented - i.e., there needs to be a
record of the assessment and the individual's performance on that
assessment." "The results should be documented and the LEA should
retain that documentation."
- "The content of the assessment should reflect both the State academic
standards and skills expected for a child at a given school level (elementary,
middle, or high school), as well as the ability of the candidate to assist in
instructing students in the content." (SED disagrees with this.)
- "The paraprofessional assessment is expected to evaluate
paraprofessional candidates at a level equivalent to the second year of
college. Having skills at the level of the second year of college is the
intent of the law." (SED disagrees with this.)
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| E6. |
Is there a New York State assessment for Title I paraprofessionals?
Yes.
The New York State Assessment of Teaching Assistant Skills
(NYSATAS) is designated by SED as a State assessment that will
meet NCLB requirements.
National Evaluation Systems (NES) has developed the NYSATAS
for candidates who apply for a State teaching assistant
certificate after February 1, 2004 and for NCLB purposes. The
first NYSATAS administrations will be on June 21, 2003 in
Brooklyn, Manhattan, Queens, Long Island, Westchester, Albany,
Syracuse, Rochester, Buffalo and Plattsburgh and on August 2,
2003 in the same sites except Plattsburgh. Registration for these
test dates will be available in late April by Internet or phone
only. Registration information and test preparation materials are
available at http://www.nysatas.nesinc.com. In addition, questions about the NYSATAS can be sent
to SED at HEATAS@mail.nysed.gov.
SED is not mandating the use of the NYSATAS. LEAs may also use a local assessment.
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| E7. |
What are local assessment options for LEAs?
LEAs may select or develop their own
assessments for NCLB purposes. LEAs may use the following
possible assessment options, or any other options that meet the
NCLB's requirements identified in E1. Please note that
these options will not satisfy New York State
certification requirements for teaching assistants certified
after February 1, 2004.
POSSIBLE VENDOR OPTIONS FOR NCLB PURPOSES ONLY
The following two assessments from national vendors are
possible options that would meet the NCLB's requirements.
Please note that these options will not satisfy New
York State certification requirements for teaching assistants
certified after February 1, 2004.
- WorkKeys Proficiency Certificate for Teacher
Assistants. ACT of Iowa City, Iowa offers a new WorkKeys
Proficiency Certificate for Teacher Assistants to help LEAs
comply with the NCLB. The ACT system combines testing, training
and on-the-job observation and evaluation of paraprofessionals.
Further information can be obtained at the ACT website at http://www.act.org/workkeys/profcert/index.html
or by calling 1-800-WORKKEY.
- ParaPro. ParaPro is an assessment designed by the Education
Testing Service (ETS) of Princeton, New Jersey. LEAs or consortia
of LEAs working directly with ETS can administer the test, which
may be taken online or in a written version. LEAs interested in
using the ParaPro assessment may either call 609-771-7395 or send
an email to parapro@ets.org. Some information is available at
http://www.ets.org/parapro/index.html.
POSSIBLE LOCALLY DEVELOPED OPTIONS FOR NCLB PURPOSES
ONLY
LEAs may develop their own local assessments for NCLB
purposes provided that:
- the assessments address NCLB-required knowledge and
ability, as defined in E1; and
- the LEA provides assurances that each locally-developed
assessment it uses (or used in the past) addresses the NCLB-required knowledge and ability identified in E1.
Please note that locally developed assessments will
not satisfy New York State certification requirements for
teaching assistants certified after February 1, 2004.
Locally developed assessments may be in any format,
including:
- employment tests or interview protocols;
- paper-and-pencil tests;
- computer-assisted tests;
- tenure reviews, due to the evaluative nature of the
tenure process;
- performance reviews; or
- a combination of the above and other approaches.
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| E8. |
What procedural steps should LEAs take when using local assessments?
The
NCLB does not require State guidance or approval for local
assessments for Title I paraprofessionals. However, SED suggests
that the assessments be:
- consistently used for all candidates
in the same school year;
- documented;
- signed and dated by the candidate and the evaluator, as
applicable; and
- retained in each Title I paraprofessional's personnel
file for at least six years from the end of the last school year
in which the Title I paraprofessional is employed.
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