Aides v. Paraprofessionals v. Highly-Qualified Teachers…

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Three questions from a special education teacher are answered below with the citations from federal law.

Question #1: When IDEA 1997 was reauthorized as IDEA 2004, Section 1400 Findings and Purposes, Paragraph (E)(i) and (ii) were deleted in entirety.  Are teachers  no longer required to be highly-qualified in IDEA 2004?

Answer: In IDEA 2004, 20 U.S.C § 1400, Paragraph E incorporated (E)(i) and (ii). (20 U.S.C § 1400 (E)); Wrightslaw: Special Education Law, 2nd Edition, page 46.

(E) supporting high-quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible;

Question #2: There is an assistant in the classroom with a high school diploma, no college, and no paraprofessional certificate although she says she has passed a test. Can an assistant fulfill direct service hours on student IEPs with no special education teacher present, in an inclusive setting with only a general education teacher present?

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Note: Congress has reauthorized the Elementary and Secondary
Education Act (ESEA), the statute formerly known as No Child Left
Behind. The new statute, Every Student Succeeds Act, was signed into law by President Obama on December 10, 2015.

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Answer: An “assistant with a high school diploma and no paraprofessional certificate” is usually called an aide. Federal law – specifically NCLB and incorporated into IDEA – includes a legal definition of “paraprofessional.”

No, an aide cannot provide direct service hours with or without a special education teacher being present.

According to NCLB, all paraprofessionals shall have:

(A) completed at least 2 years of study at an institution of higher education;
(B) obtained an associate’s (or higher) degree;
(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 or, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.  (20 U.S.C. § 6319(c)); Wrightslaw: No Child Left Behind, page 200)  [Out of print]

Question #3: Can an assistant with a Paraprofessional Certificate  fulfill direct service hours on student IEPs without a special education teacher present, in an inclusive setting with a general education teacher present?

Answer: No Child Left Behind limits the duties and responsibilities of paraprofessionals. A paraprofessional “may not provide any instruction to a student unless the paraprofessional is working under the direct supervision of a teacher . . ” A paraprofessional may not provide one-on-one tutoring at a time when the teacher is available. (20 U.S.C. § 6319(g)); Wrightslaw: No Child Left Behind, page 201) [Out of print]

Educational responsibility belongs to the teacher, not the paraprofessional. The paraprofessional is a tool used by the teacher to accomplish her responsibility of delivering an education to her students.

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Cheryl

Hi. I was wondering if paraprofessionals are allowed to be put under IEP as ones to address writing goal and instruct with (Framing you’re thoughts) program. IEP states 8x month for 30 minutes,provided by para. Thanks for your input.

Anastasia

I am a teacher with a master’s degree and 25 years of experience in our district. Today in my classroom, a paraprofessional or aide (not sure which she is) told me to change a grade on a journaling assignment because she felt it should have been modified for the student. When I questioned the IEP manager, she said the aide has full control over modifications of assignments and grading for this student. Is that even legal?

Morning

It is good you are asking questions. It is also good and notable the para is empowered to advocate for a student without repercussions. Imagine a wonderful school district where paras and classroom teachers collaborate at a high level and use or create a best practice models to ensure success of the students. Many IEP managers have huge and complex caseloads and are overwhelmed. Good paras who are strong advocates are an asset. Do I understand your frustration? Yes. But, I think the para (under supervision of IEP manager) and you can learn a lot from each other and ensure student progress and success. Your many years of experience is noteworthy and also a great asset in the classroom. Paras learn a lot from experienced teachers and vice versa.

Audrey

I think that this is absolutely ridiculous considering I’ve been working with children for 28 years! The same training and classes are boring and unnecessary, especially when they are repeatedly the same training you have earned and knowledge from years past!!!!!!!!!!

curious

Is it legal for a school to pull a paraprofessional that is paid for with special ed funding, to substitute in a regular classroom if none are available?

Bev

I am a paraprofessional and I am wondering who to get ahold of as the teacher in our classroom has not complied with any ot the 7 students IEP goals for about 8 months and the administration is aware of the issues. Several of the paras in the room have gone to the superintendent and principal on multiple occasions about the concerns and nothing is beng done. My student who has a math goal has not had math one day since March 21st of this year. Other students have had nothing or no data for their goals since school started last August. Just needing some very good advice

Chuck

You or anyone can make a complaint to the state education agency. Districts should have a process for staff to talk concerns up the chain of command. Possibly all the way to the chain of command. Your state parent training and information project can discuss these options with you. http://www.parentcenterhub.org/find-your-center

Anonymous

Can a School District request that an IEP case manager uses the language additional adult support instead of additional paraprofessional support as the IEP team decided?

Chuck

I believe that the wording use in the IEP meeting should be the wording used. I guess the IEP team could meet again and change the terms, but there could be legal issues for the school if they use certain people, such as non-employees.

Nikki

Can a child’s individual support para be pulled to sub in another classroom leaving the child without a para at all. How is this legal

Chuck

This is a violation of the IEP, but campuses get desperate for subs, & do this. Politely reminding administrators of this would be a place to start, following up with something in writing, if it continues to happen.

Morning

As a para, I was pulled multiple times. Worse, I was at one point a para to 2-3 handicapped kids and they had 1-1s on their IEPS. I had to watch them in the cafeteria along with 20 other regular kids and deal with some having feeding issues. It was a madhouse in that cafeteria. That was all the last straw for me as it was a definition of insanity to work like that and not fully service the student. Paras complained and nothing was done to alleviate the staffing issue. Schools are desperate for paras and do not have enough. Thus, many schools do not put 1-1s in IEPS because of staffing. Some paras get pulled for diapering other students leaving their own student unattended in a classroom with no para support for 15-30 minutes or more if there is an emergency.

Anonymous

Hello, if class goes on a trip and gets back to the school after the class assigned lunch period has already passed, can para still take 50min lunch away from students?

Chuck

I doubt that there is any state rule on that. It probably comes down to district, and campus procedures and the administrator’s decision.

Anne

“A paraprofessional “may not provide any instruction to a student unless the paraprofessional is working under the direct supervision of a teacher”

I don’t understand the answer to number 3. Are you defining teacher as classroom or special education? Can a paraprofessional provide service minutes in a classroom with a gen-ed teacher present?