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What paras should know about
new state and federal requirements on the job November 19, 2003 From left, Marge Brumfield, Rochester Association of Paraprofessionals, NYSUT's Antonia Cortese and Michelle Parker of Greenburgh Civil Service Organization. Editor's note: This article is excerpted from the NYSUT guide for School-Related Professionals. The draft publication was unveiled at the union's recent SRP leaders' conference to obtain their feedback. For information on obtaining a copy, or more on union courses, see the sidebar or click on the guide below.
You need to know how these rules affect you. In a worst-case scenario, if you can't meet the requirements, a school district could change your duties or your job could be threatened. For specific questions about your own situation, it is always best to talk with your local union representatives. If you work in New York City, the United Federation of Teachers is your best source for information, because job descriptions there are unique. Some terms The new state and federal rules apply to paraprofessionals in instructional support services. That generally means people who do the jobs of teaching assistants. But - and this is a big but - you might not have the title of "teaching assistant," and yet these rules could still apply to you. The State Education Department says that what matters isn't your title, it's your job duties. If you provide "instructional support," you are working as a teaching assistant, no matter what your title says. And in that case, state and federal requirements typically apply to you. If you are performing the duties of a teaching assistant, your district should be initiating an application for you to be state-certified. If you are performing the duties of a teacher aide, state and federal requirements do not apply to you. So how do you know if you're doing the work of a teaching assistant? Here are some examples of the duties New York state says are performed by teaching assistants:
If this list reflects what you do on the job, then you are performing the duties of a teaching assistant. State requirements apply to you and you must be certified by the state. (If you do this work in a Title I program or school, federal rules apply to you, too.) State requirements Let's say you've determined that your job duties are those of a teaching assistant: You are providing instructional support services. In that case, no matter what your title is, New York state requires you to be certified as a teaching assistant. There are two different sets of requirements. The old requirements cover everyone whose application is filed by their district on or before Feb. 1, 2004, for a state credential to work as a teaching assistant. Under the old state rules:
The new requirements cover anyone who applies on or after Feb. 2, 2004 for a state credential to work as a teaching assistant. The new system introduces a whole series of four different certificates (Levels I, II, III and Pre-Professional) that can lead to preparation to be a teacher; you eventually must achieve at least a Level III. And the requirements are rigorous. Under the new state rules:
Federal requirements The federal "No Child Left Behind" act of 2001 set new requirements for anyone who provides instructional support services in programs or schools that receive federal Title I funds. For starters, the federal government now requires anyone providing instructional support services in Title I schools, regardless of job duties or hiring date, to possess a high school diploma or its equivalent. Requiring a high school diploma coincides with the entry-level state requirements for teaching assistants, but the federal rules go one step further: You are also required to have a high school diploma, even if you work primarily as a translator or in parent involvement activities in a Title I school. If you perform the duties of a teacher aide, the federal requirements don't apply. Other requirements In addition to a high school diploma, additional federal requirements apply to those who perform the duties of teaching assistants - but there is good news for those with on-the-job experience. In months of negotiations with the State Education Department, NYSUT leaders pressed the point that experienced teaching assistants should receive credit for expertise gained on the job. State officials eventually agreed that teaching assistants who are state-certified and who have tenure would automatically meet the new federal requirements for Title I programs. This affects 30,000 people statewide who otherwise would have been required either to complete two years of college, have an associate's degree or pass a written state or local assessment to keep their jobs. In New York City, instructional paraprofessionals will be qualified to meet the federal standards through individual evaluations. The United Federation of Teachers is negotiating specifics of the evaluations, which will credit paras for on-the-job experience. No additional tests or courses will be required. New teaching assistants (those hired after Jan. 8, 2002) who work in Title I schools can meet the federal requirements in one of three ways. You are considered "qualified" if you have done at least one of the following:
A final note Unfortunately, many districts mistakenly believe that the title - not the job duties - determines whether you must be certified as a teaching assistant. That is not the case. Since it is the district that assigns your duties and must file your state certification application, you should always consult a representative of your local union if you feel you are not classified correctly. Ordering information The full text of the NYSUT guide, What you should know about new requirements for paraprofessionals who help children learn is on NYSUT's Web site at nysut.org/srp. For a free single copy of the publication, call NYSUT publications at (800) 342-9810, ext. 6260 or 6271. Request publication No. 402-03; allow four to six weeks for delivery. Multiple copies may be ordered by SRP leaders and local union presidents at the numbers above. The NYSUT Education and Learning Trust offers a test prep course for the Assessment of Teaching Assistant Skills, which includes a union-developed CD of sample test questions. For more information, go to nysut.org/etp. |
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