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| Frequently
asked questions What you should know about new requirements for paraprofessionals who help children learn Q: How do I know if the new federal requirements apply to me? A. New federal requirements apply to people who provide instructional support services in classrooms or schools that receive federal Title I funding. One requirement applies to all paraprofessionals who assist with instruction regardless of job duties or date of hire: you must have a high school diploma or its equivalent. That applies whether you work as a teaching assistant, a translator, or in parent involvement activities. Additional federal requirements apply only to those performing the duties of teaching assistants, which means you provide instruction to students under the supervision of a teacher. Q: How can I find out if my school receives Title I funding? A: In New York state, 96 percent of schools receive Title I funds and therefore must meet federal requirements. Ask your local union president about your school. Q: My district receives Title I funding. However, the administration says my salary isn't paid with Title I funds, and so the federal standards for paraprofessionals don't apply to me. A: That could be correct. If your district uses its Title I funds to pay for targeted teachers and teaching assistants, only those people need to be qualified under federal rules. However, if your school uses its Title I funds for a school-wide program, then all paras must meet federal standards. Go to your union with specific questions. Q: Do the federal rules for teaching assistants and paras apply to BOCES schools, or state-operated schools such as the ones in Batavia and Rome? A: No. BOCES and state-operated schools do not receive Title I funding. Q: I provide instruction to students under the supervision of a teacher, but my district doesn't call me a "teaching assistant." A: No matter what title your district gives you, what really counts is the kind of work you do. The State Education Department says the work you do - not your official title - determines whether you must meet federal requirements. A teaching assistant provides instruction to students individually or in groups under the supervision of a certified teacher. If you're performing the duties of a teaching assistant, but your district has not required you to be state certified as a teaching assistant, talk to a representative of your local union about how you can be state-certified. Q. What do they mean by "instruction"? A: Some examples under New York state regulations are:
Q: What does working under a teacher's supervision mean? A. According to the most recent draft of federal rules, you work under the "direct supervision" of a teacher if:
Q: My son is seeking a job working in the cafeteria of a Title I school. Does he need a high school diploma? Do any other federal requirements affect him? A: Recent new Title I requirements apply to individuals providing instructional support services, not to cafeteria staff, bus drivers, secretaries or teacher aides. However, a high school diploma might be required under other rules, set by the district or civil service. A union representative could tell you more. Q: I substitute as a teaching assistant. Do federal requirements apply to me? A: A short-term substitute does not have to meet the requirements. In a long-term situation, federal requirements apply. Q: I work in a Title I school as a translator for a hearing-impaired child. What federal requirements apply to me? A: You are required to have a high school diploma. However, federal law exempts you from the additional requirements for teaching assistants if :
New York state defines the duties of a teacher aide/monitor as a non-instructional school employee who assists students with things like behavior and physical needs and helps teachers with activities such as grading and proctoring exams. Aides serve under the building principal. Q: I was hired before Jan. 8, 2002 and am state-certified as a teaching assistant, but I don't have tenure. How do I obtain tenure? A: Anyone hired before Jan. 8, 2002 has until Jan. 8, 2006 to meet the federal standard for being "qualified" as a teaching assistant. If you are state-certified and have tenure, you meet that standard. Tenure is decided at the local district level. Typically, a teaching assistant serves a probationary period; at the end of the probationary period, a district must either deny or grant tenure. Once you are tenured, it means you are guaranteed due process rights that protect you from arbitrary or capricious dismissal. If you have questions about your tenure status, talk to your local union representative. Q: I have worked 10 years as a teacher aide. In the fall of 2003, my district decided to reclassify teacher aides as teaching assistants. (We are performing the duties of teaching assistants.) Which federal requirements apply to me? You were hired before Jan. 8, 2002 and so you have until Jan. 8, 2006 to meet the federal standards. You can do that by becoming state-certified and receiving tenure. The "old" requirements for state certification should apply to you; they cover anyone whose application is filed on or before Feb. 1, 2004 for a state credential to work as a teaching assistant. Under the old state rules:
As you can see, based on these rules, your district should have applied for your temporary license to work as a teaching assistant in the fall of 2003. Ask your local union representative if you have any concerns about whether this was done. This is important because state requirements for certification change for anyone whose application is filed on or after Feb. 2, 2004. Q: I hope to get a job as a teaching assistant in a school that receives Title I funds. If I need to meet federal standards, what are the new rules that will affect me? A: Teaching assistants in Title I schools must have a high school diploma or equivalent. Beyond that, to be qualified to work as a newly hired teaching assistant in a Title 1 school, you will need to have:
Different rules that take experience into account apply to people hired on or before Jan. 8, 2002. Please note: New York City has some different options. If you work in New York City, the best source for up-to-the-minute information and advice is the United Federation of Teachers. Q: Tell me about the state test for teaching assistant certification. A: The state has developed a new Assessment of Teaching Assistant Skills that is a required part of the process of becoming a state-certified teaching assistant after Feb. 2, 2004. Passing this test also fulfills the federal testing requirement for teaching assistants in Title I schools. The test is offered several times a year in the following areas: Albany; Buffalo; Long Island; New York City; Plattsburgh; Rochester; Syracuse; and Westchester County. The test fee is $35 and you must register through the internet; there are additional fees for phone registration or late or emergency registration. Regular registration deadlines fall about five weeks before the actual test date. For more information, go to www.nysatas.nesinc.com or call (413) 256-2895. Q. Then starting in the fall of 2004, must prospective hires pass the state Assessment of Teaching Assistant Skills before being hired as teaching assistants? A: If they do not meet state certification requirements in other approved ways, then yes, they must pass the ATAS before being hired. Q: Are there any courses to prepare me for the Assessment of Teaching Assistant Skills? A: Yes. Your statewide union offers a test prep course through NYSUT's Education and Learning Trust which includes a union-developed practice CD. For more information, go to www.nysut.org/etp. Q. What kind of local assessment will qualify me to work as a teaching assistant in a Title I school? How can I find out if my district has a local assessment? A: Your local union president and labor relations specialist will be able to tell you if your district has a local assessment that can help you meet the federal requirements. (Local assessments will not count toward state certification requirements.) Q: I'd like to become qualified as a teaching assistant by following the higher education route. What does "two years of study" in higher education mean, and what courses would I have to take? A: In New York, two years means you have to successfully complete 48 semester hours or its equivalent. No specific course of study is required. Before enrolling in any courses, however, make sure the institution is accredited. New York college and university evaluations are listed at www.highered.nysed.gov. For online courses or out-of-state colleges, be sure to check with the school to confirm the course is accredited with New York state before registering. Q: Are higher education courses available through the union? A. Yes. New York State United Teachers Education and Learning Trust has developed an 18-credit undergraduate program in collaboration with two- and four-year colleges. The courses can be applied toward an accredited two-year associate's degree program through several community colleges across the state. (Go to www.nysut.org/etp) Q: Are the requirements any different if I work in New York City schools? A: Current New York City teaching assistants who hold a high school diploma and have received an evaluation in accordance with the United Federation of Teachers Paraprofessional bargaining agreement have met the local assessment option and, therefore, qualify to work in Title I schools under the federal rules. For more information, contact the UFT. Q: If I'm qualified as a teaching assistant in my current Title I school district and I move to another district, will I still be qualified? A: Your state certification is portable. When it comes to your qualifications under federal rules, NYSUT believes that status should also be portable.The union is pressing the State Education Department for a determination on federal portability. Q: Where can I get more information? A: For specifics in your district, check with your local union representatives. For updates on federal and state requirements, look to NYSUT publications and the union website, www.nysut.org.
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