ESEA: Title I Paraprofessional Non-Regulatory Guidance

November 15, 2002
Draft Guidance from U.S. Department of Education

B. Requirements for Paraprofessionals

B-1.  What are the requirements for Title I paraprofessionals?

All Title I paraprofessionals must have a secondary school diploma or its recognized equivalent.  This includes paraprofessionals who serve as translators or who conduct parental involvement activities.

Additionally, Title I paraprofessionals whose duties include instructional support and who were hired after January 8, 2002, must have (1) completed two years of study at an institution of higher education; (2) obtained an associate’s (or higher) degree; or (3) met a rigorous standard of quality and be able to demonstrate, through a formal State or local academic assessment, knowledge of and the ability to assist in instructing reading, writing, and mathematics (or, as appropriate, reading readiness, writing readiness, and mathematics readiness) [section 1119(c) and (d)]. 

Paraprofessionals hired on or before January 8, 2002 and working in a program supported with Title I funds must meet these requirements by January 8, 2006. 

B-2.  The statutory language refers to “two years of study at an institution of higher education” [section 1119(c)(1)(a)].  What does “two years of study” mean?

"Two years of study" means the equivalent of two years of full-time study, according to the State definition of “full-time study.” In some states that may mean 12 credit hours per semester (requiring a total of 48 credit hours), while in others it may mean 15 credit hours a semester (requiring a total of 60 credit hours). 

B-3.  The statutory language refers to “two years of study at an institution of higher education” [section 1119(c)(1)(a)].  What does the term “institution of higher education” mean?

Section 101(a) of the Higher Education Act (HEA) defines an “institution of higher education” as an educational institution in any State that –

1. admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
2. is legally authorized within such State to provide a program of education beyond secondary education;
3. provides an educational program for which the institution awards a bachelor’s degree or provides not less than a two-year program that is acceptable for full credit toward such a degree;
4. is a public or other non-profit institution; and,
5. is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted pre-accreditation by such an agency or association that has been recognized by the Secretary for the granting of pre-accreditation status, and the Secretary has determined that there is a satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

This definition applies to the statutory language on the educational preparation of Title I paraprofessionals.

B-4.  What course(s) of study must have been pursued in the two years of study?

Paraprofessionals should be able to demonstrate knowledge of and the ability to assist in instructing in the areas of reading, writing, and math, or in “school readiness”[section 1119 (c) (1) (C)].   Paraprofessionals are expected to have a working knowledge of these academic areas. (Also, see item C-2.)

Given that understanding, the State may determine what requirements, if any, it may choose to place on the coursework taken during the two years of study.

B-5.  Do existing paraprofessionals have four years to meet the requirement that paraprofessionals have a secondary school diploma or its equivalent?

No.  Section 1119(e) requires that all paraprofessionals have a secondary school diploma or its equivalent without regard to the date they were hired.  This requirement took effect on the date of enactment of NCLB (January 8, 2002) and was, for the most part, already in effect because the prior law required most paraprofessionals to hold a secondary diploma or its equivalent.

B-6.  Does the new requirement for paraprofessionals (explained in B-1) apply to LEAs or schools that do not receive Title I funds?

No.  If an LEA does not receive Title I funds, the requirements do not apply.  Similarly, if an LEA receives Title I funds, but a school does not receive Title I funds, the requirements do not apply to paraprofessionals working in that school.

B-7. Would a paraprofessional, hired on or before January 8, 2002 and currently working in an LEA in a non-Title I program, be considered a “new” paraprofessional (and subject to the paraprofessional requirements for new paraprofessionals) if that individual is re-assigned to a program supported with Title I funds?

A new paraprofessional is one who is newly hired by an LEA.  If a person is working as a paraprofessional in another school – either a Title I or non-Title I school in the same district - he or she is not considered to be a new paraprofessional, even if he or she transfers to a new school within that district.

B-8.  Do the Title I paraprofessional requirements for new paraprofessionals (explained in B-1) apply to paraprofessionals who are laid off and then recalled?  In other words, are these individuals “new” or “existing” paraprofessionals?

Paraprofessionals who are regularly “pink-slipped” at the end of one school year and then rehired at the beginning of the next school year, with the result that they have continuous years of employment, are considered “existing paraprofessionals,” as their initial hiring date is on or before January 8, 2002.  However, an individual who has a break in service and is re-hired at some later point would be considered a new paraprofessional.

B-9.  How do the new paraprofessional qualification requirements apply to paraprofessionals in a schoolwide program?

The requirements in B-1 apply to all paraprofessionals with instructional duties in a schoolwide program, without regard to whether the position is funded with Federal, State, or local funds.  In a schoolwide program, Title I funds support all teachers and paraprofessionals.

B-10.  How do the new paraprofessional qualification requirements apply to paraprofessionals in a targeted assistance program?

In a Title I targeted assistance program, the requirements in B-1 apply to all paraprofessionals with instructional duties who are paid with Title I funds.

B-11.  What if a person has both instructional and non-instructional duties?

In this case, the person falls under the definition of a “paraprofessional” and must meet the requirements as stated in B-1, because he or she carries out instructional support duties. 

B-12.  What is required if a person performing non-instructional duties becomes an instructional paraprofessional?

In this case, the person is a “paraprofessional” as defined for Title I purposes and must meet the requirements in B-1.  In other words, the individual would have to hold a secondary diploma or its equivalent and meet the new qualification requirements.  However, as an existing employee of the LEA, the individual would have until January 8, 2006 to demonstrate competency through post-secondary education or a formal State or local assessment. 

B-13.  What are the requirements for paraprofessionals who work solely as translators or bilingual aides?

A paraprofessional who is proficient in English and a language other than English and acts as a translator to enhance the participation of limited English proficient children under subpart A of Title I must have a secondary school diploma or its equivalent but does not have to meet the other requirements in B-1.

B-14.  What are the requirements for paraprofessionals, such as home-school liaisons, whose duties consist solely of parental involvement activities?

A paraprofessional with duties that consist solely of conducting parental involvement activities must have a secondary school diploma or its equivalent but does not have to meet the other requirements in B-1.

B-15.  What are the requirements for persons who deal with special education students?

The requirements for persons who deal with special education students differ depending upon the situation.

If a person working with special education students does NOT provide any instructional support (such as a person who solely provides personal care services), the person is not considered a paraprofessional under Title I, and the B-1 requirements do not apply.

If a person works in a Title I targeted assistance program and has instructional support duties and is paid with Title I funds, the B-1 requirements do apply. 

If a person works in a Title I schoolwide program school and has instructional support duties, the B-1 requirements apply without regard to the source of funding that supports the position.

B-16.  Do the paraprofessional requirements apply to persons paid with funds under Title I, Part B (Student Reading Skills Improvement Grants), Part C (Education of Migratory Children) or Part D (Programs for Children and Youth who are Neglected, Delinquent, or At-Risk)? 

The paraprofessional qualification requirements in B-1 do not apply to individuals paid with funds under Title I, Part B (Student Reading Skills Improvement Grants), Part C (Education of Migratory Children) or Part D (Programs for Children and Youth who are Neglected, Delinquent, or At-Risk), unless these individuals are working in a schoolwide program school.  (See item B-9 for additional information.)

B-17.  Once a paraprofessional has met the requirements in B-1, is the status of being qualified “portable”?  That is, can the paraprofessional be deemed qualified in other LEAs within a State?

A State may, at its discretion, establish a policy whereby qualified paraprofessionals can have reciprocity in the LEAs within the State.

B-18.  What does it mean to “work under the direct supervision of a teacher”?

Paraprofessionals providing instructional support must work under the direct supervision of a teacher [sections 1119(g)(2)(G) and 1119(g)(3)(A)].  A paraprofessional works under the direct supervision of a teacher if (1) the teacher prepares the lessons and plans the instructional support activities the paraprofessional carries out, and evaluates the achievement of the students with whom the paraprofessional is working, and (2) if the paraprofessional works in close and frequent proximity with the teacher.  As a result, a program staffed entirely by paraprofessionals is not permitted.

B-19.  What are the allowable duties for paraprofessionals?

Paraprofessionals may be assigned to (1) provide 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; (2) assist in classroom management; (3) assist in computer instruction; (4) conduct parental involvement activities, (5) provide instructional support in a library or media center; (6) act as a translator, and (7) provide instructional support services [section 1119(g)(2)].

B-20.  Must a paraprofessional who provides services to eligible private school students and is employed by an LEA with Title I funds meet the new requirements?

Yes, such a paraprofessional must meet the requirements outlined in B-1.

B-21.  Must a paraprofessional who provides service to eligible private school students and is employed by an LEA with Title I funds be under the direct supervision of a public school teacher?

Yes, a paraprofessional who provides services to eligible private school students and is employed by an LEA must be under the direct supervision of a public school teacher throughout the duration of the services/program being offered [section 1120(d)(2)].  (See also item B-18.)

To Section C: Paraprofessional Assessment