No Child Left Behind Act of 2001 (NCLB)
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NCLB NYS
Field Memo
#03-2003
ADDENDUM March 2004
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234
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Johanna Duncan-Poitier
Deputy Commissioner
Office of Higher Education
Office of the Professions
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James A. Kadamus
Deputy Commissioner
Office of Elementary, Middle,
Secondary and Continuing Education
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ADDENDUM TO NCLB NYS Field Memo |
#03-2003 |
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Date: |
March 17, 2004 |
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To: |
Charter Schools; Deans,
Directors and Chairs of Teacher Education; District Superintendents of Schools;
Nonpublic School Administrators; Regional Certification
Officers; Superintendents of Public Schools; Professional Standards and
Practices Board for Teaching |
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From: |
Johanna Duncan-Poitier
and James A. Kadamus |
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Subject: |
Addendum to NCLB NYS Field Memo
#03-2003 |
The attached addendum to NCLB NYS Field Memo #03-2003 makes
changes to that memo to reflect updated guidance on Title I paraprofessionals
issued by the U.S. Department of Education (USDOE) on March 1, 2004 and
available online in the “Policy Guidance” category at
http://www.ed.gov/about/offices/list/oese/legislation.html#policy .
You can find all NCLB NYS field memos about teachers and paraprofessionals at
http://www.highered.nysed.gov.
Please continue to send your questions about the NCLB to
nclbnys@mail.nysed.gov and to
send your questions about State certification to
tcert@mail.nysed.gov .
ADDENDUM TO NCLB NYS Field Memo #03-2003
The following items are added to NCLB NYS Field Memo #03-2003 in response to
non-regulatory guidance entitled Title I Paraprofessionals that was
issued by the U.S. Department of Education on March 1, 2004.
| A12. |
Do the direct supervision requirements apply to
paraprofessionals who provide services under contract?
Yes. Paraprofessionals hired by a third-party contractor to work in a Title
I program must work under the direct supervision of a teacher. That teacher
does not have to meet the teacher qualification requirements if he/she is
also employed by the third party connection. [USDOE, 3/1/04]
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| B9. |
May Title I funds be used to pay for the
paraprofessional assessment?
Yes. [USDOE, 3/1/04]
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| C4. |
May continuing education credits (CECs) be used to meet
the requirement that paraprofessionals complete at least two years of study
at an institution of higher education?
A State or LEA, as appropriate, may count CECs toward the requirement that a
paraprofessional complete at least two years of study at an institution of
higher education provided that the CECs are part of an overall training and
development program plan and an institution of higher education accepts or
translates them to course credits. [USDOE, 3/1/04]
In New York State, each institution of higher education may determine
whether to accept continuing education credits or translate them to course
credits.
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| F14. |
Do the paraprofessional requirements apply to people
working in 21st Century Community Learning Center Programs?
In general, the requirements do not apply to individuals working in 21st
Century Community Learning Center Programs. However, the requirements would
apply to paraprofessionals paid with Title I, Part A funds in a 21st Century
after school program funded jointly with Title I funds in a targeted
assistance school, and to paraprofessionals working in a 21st Century after
school program that is part of a Title I schoolwide program. The
requirements do not apply to staff of 21st Century programs who are not
employees of the LEA. [USDOE, 3/1/04
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| F15. |
Do the requirements apply to paraprofessionals working
in Head Start programs?
In general, the requirements do not apply to paraprofessionals working in a
Head Start program. However, the requirements would apply to
paraprofessionals working in a Head Start program that is jointly funded
with Title I, Part A funds and the paraprofessional is paid with Title I
funds; for example, a program where Title I funds the instructional
component and Head Start funds the remainder of the program activities. The
requirements would also apply when a Head Start program is part of a Title I
schoolwide program. [USDOE, 3/1/04]
USDOE Note: Although Head Start funds may not be combined in a Title I
schoolwide program school (Federal Register notice of Thursday,
September 21, 1995), all staff working in a Title I schoolwide program
school are considered Title I staff and all students are Title I students.
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