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Laws Regarding School Paraprofessionals

Paraprofessionals are an important part of the school classroom. They take the load off teachers, who would otherwise have to help disabled and majority-population students alike. However, they do not take the place of the teacher. Laws, including No Child Left Behind and the Individuals with Disabilities Education Improvement Act of 2004, for example, clearly define the role of the paraprofessional in the educational equation, telling these professionals what tasks they may, must and may not perform in the classroom, as well as their qualification requirements.
  1. No Child Left Behind Act

    • In 2001, George W. Bush signed the No Child Left Behind Act into law. The legislation requires all teachers' aides, or paraprofessionals, with instructional duties to possess a high school diploma or its equal, earn an Associate's degree from a college or university, take 60 or more credit hours of work from a post secondary institution or sit for a basic skills and knowledge test. This examination measures basic reading, writing and mathematics, testing your ability to apply them in the classroom. All para pros with classroom instruction duties, those involved in translation and those who help with parent activities must meet these No Child Left Behind standards. However, teachers' aides with non-instructional job descriptions, such as personal care and clerical services, or playground and cafeteria supervisory duties, remain exempt from the No Child Left Behind rules.

    Individuals With Disabilities Education Improvement Act

    • The IDEA Act of 2004 makes special education provisions for students with recognized disabilities, which means any condition or illness that restricts equal accessibility to the general curriculum that their non-disabled peers enjoy. It authorizes paraprofessionals to provide special education assistance to special needs children, provided that these individuals have received training and supervision under applicable state laws. Such activities may include toileting, dressing, transportation or transfer to and from a wheelchair.

    Rehabilitation Act: Section 504

    • Section 504 of the Rehabilitation Act of 1973 says that a school cannot legally exclude a student from participating in activities he would otherwise enjoy if he were not disabled. The law authorizes monies for school districts to use to establish certain accommodations, including the hiring of paraprofessionals.

    Forbidden Activities for Paraprofessionals

    • Teacher's aides cannot give out final grades or teach the class independently for long periods of time without their supervising teacher. They may also not take sole responsibility for contact with parents to discuss a student's progress or placement decisions. In addition, they may not create lesson plans of their own without prior consent from the classroom teacher.

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