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contract protections in place No Child Left Behind act rules taking effect - including new provisions for paras January 15, 2003 More than a year after the No Child Left Behind act became federal law, the complex regulations have been hammered out. The final form that the regulations have taken are proof - again - of how vital unions are in making sure employees' voices are heard. Sandra Feldman, president of the American Federation of Teachers (the national affiliate of New York State United Teachers), negotiated at the highest levels in the U.S. Department of Education to prevent the new law from limiting collective bargaining rights. Feldman succeeded in keeping the DOE from adding language that union contracts could not impede implementation of the act. The regulations take effect Jan. 31. "This victory is enormous - not only for protecting our members and their local unions - but also for improving the overall effectiveness of this federal initiative," said Antonia Cortese, NYSUT's first vice president. At stake were provisions regarding class size and staff transfers in local collective bargaining agreements. Paras protected Cortese also praised successful negotiations that protect paraprofessionals who work with teachers in Title I classrooms. Initially, proposals called for the elimination of federal funding for teacher aides and teaching assistants in Title I programs. Instead, funding remains, although the final regs do call for increased requirements for paras. Those paras hired before Jan. 8, 2002, have until January 2006 to meet the new federal standards. They must either complete two years of college, have an associate's degree or pass a state or local assessment. The State Education Department is developing that assessment through a private contractor. It is expected to be available this spring. NYSUT and its New York City affiliate, the United Federation of Teachers, are represented on SED's committee. Meanwhile, NYSUT is advocating that the State Education Department "grandfather in" current certified teaching assistants by asserting that those certified by the state comply with the federal requirements. "Many teaching assistants already meet the higher standards by completing two- and four-year degrees," Cortese said. NYSUT analysts have heard that some districts are imposing the standards on all paras. "It's confusing because, first, it depends on whether your district or school receives Title I funds," said Cortese. Exempted from the standards are paras who have non-instructional duties, such as technical support for computers, personal care, clerical duties, translation and parental involvement activities. Further muddying the waters are new requirements in New York state's overhaul of teaching assistant certification, which take effect next year, Cortese said. After Feb. 2, 2004, there will be four levels of teaching assistant certificates in New York. "It's confusing for many of our members because there are different criteria," Cortese said. "However we believe that the new 2004 state requirements will also satisfy the No Child Left Behind standards." For more information on the new state requirements, contact your local union, go to www.nysut.org/research or call NYSUT's Research and Educational Services at (800) 342-9810 for a copy of the union's Information Bulletin No. 200105 on teaching assistants' certification requirements. Watch for updates New York State United Teachers and the American Federation of Teachers are monitoring the developments in certification. As additional information is made available, it will be reported in New York Teacher or in the union's Web site at www.nysut.org. Meanwhile, the NYSUT Education and Learning Trust is working to help teacher aides and teaching assistants get the training they need. Working through several community colleges across the state, the union is developing an 18-credit certificate program and a two-year associate's degree program. Also, once a state or local assessment is in place, the Education and Learning Trust will offer training and test prep materials. |
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