New Title I Requirements for Paraprofessionals

On January 8, 2002, President Bush signed the Elementary and Secondary Education Act (ESEA), Public Law 107-110. The provisions relating to paraprofessionals in Section 1119 of the Act took effect at the time the legislation was signed. Section 1119(c) of the Act requires each school district receiving assistance under Title I to ensure that all paraprofessionals hired after January 8, 2002, and working in a program supported with funds under Title I shall have:

1. Completed at least 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 can demonstrate, through a formal state or local assessment, knowledge of, and the ability to assist in instructing reading, writing, and mathematics, or knowledge of, and the ability to assist in instructing reading readiness, writing readiness, and mathematics readiness as appropriate.

Under state law, Education Code Section 45344.5, instructional aides must pass the district proficiency exam in basic reading, writing and mathematics skills for high school seniors. While the proficiency exam has been replaced by a high school exit exam for high school seniors, Section 45344.5 could be amended so that the proficiency exam could be utilized to meet the requirements of Section 1119(c) and Equal Employment Opportunity Commission requirements that prohibit the imposition of false or artificial barriers to employment. Section 1119(d) requires existing paraprofessionals to meet these requirements by January 8, 2006. Section 1119(e) contains exceptions for paraprofessionals who are proficient in a language other than English and who provide services primarily to enhance the participation of children in programs under this part by acting as a translator, or whose duties consist solely of conducting parental involvement activities. Section 1119(f) requires that school districts, regardless of the paraprofessionals= hiring date, must ensure that all paraprofessionals working in a program supported with Title I funds have earned a secondary school diploma or its recognized equivalent. Section 1119(g) outlines the duties and responsibilities of paraprofessionals as follows:

1. To 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. To assist with classroom management, such as organizing instructional and other materials; 3. To provide assistance in a computer laboratory; 4. To conduct parental involvement activities; 5. To provide support in a library or media center; 6. To act as a translator; or 7. To provide instructional services to students under the direct supervision of the teacher.

Section 1119(h) authorizes a school district receiving Title I funds to use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of Section 1119. Section 1119(i) requires each school district to require that the principal of each school operating a program under Section 1114 (Schoolwide Programs) or 1115 (Targeted Assistance Schools) attest annually in writing as to whether the school is in compliance with the requirements of Section 1119. As was discussed at the meeting of the Personnel/Human Resources Administrators on February 14, 2002, we would recommend that districts advise all paraprofessionals, including instructional aides, computer lab technicians or assistants, or library or media center assistants, of the requirements of ESEA, Section 1119. Attached are sample letters which may be sent to existing paraprofessionals and new paraprofessionals, pending clarification of these provisions through federal regulations and state guidance.