No. 36205 (Amendment): Rule R277-524. Paraprofessional Qualifications

(Amendment)

DAR File No.: 36205
Filed: 05/15/2012 03:28:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update language in response to S.B. 81, Paraeducator Funding, 2012 Legislative General Session.

Summary of the rule or change:

Changes include which Title I schools are eligible for funds to hire additional paraprofessionals, the allocation of those funds, and annual reporting requirements for schools that accept the funding.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(a)(i)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Legislative funding is provided to qualified schools to hire paraeducators.

local governments:

There is no anticipated cost or savings to local government. Legislative funding is provided to qualified schools to hire paraeducators.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Legislative funding is provided to qualified public schools to hire paraeducators.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Legislative funding is provided to qualified schools to hire paraeducators.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2012

This rule may become effective on:

07/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-524. Paraprofessional/Paraeducator Programs, Assignments, and Qualifications.

R277-524-1. Definitions.

A. "Board" means the Utah State Board of Education.

[A]B. "Core academic subjects or areas" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography under the Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind Act (NCLB).

[B]C. "Direct supervision of a licensed teacher" means:

(1) the teacher prepares the lesson and plans the instruction support activities the paraprofessional carries out, and the teacher evaluates the achievement of the students with whom the paraprofessional works; and

(2) the paraprofessional works in close and frequent proximity with the teacher.

D. "Eligible school," for purposes of this rule and the Paraeducator Funding Program, means a Title I school that has not achieved adequate yearly progress, as defined by ESEA, in the same subject area for two consecutive years or is one of the state's lowest-performing Title I priority schools as defined by ESEA.

[C]E. "No Child Left Behind (NCLB)" means the federal law under the Elementary and Secondary Education Act, Title IX, Part A, 20 U.S.C. 7801.

F. "Paraeducator funding" means supplemental state funding provided under Section 53A-17a-167 to Title I schools identified as in need of improvement under the Elementary and Secondary Education Act (ESEA), Title IX, Part A, 20 U.S.C. 7801 to hire additional paraeducators to assist students in achieving academic success.

[D]G. "Paraprofessional" or "paraeducator" means an individual who works under the supervision of a teacher or other licensed/certificated professional who has identified responsibilities in the public school classroom.

 

R277-524-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which gives the Board authority to adopt rules in accordance with its responsibilities, Section 53A-1-402(1)(a)(i)which requires the Board to establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services, and NCLB, P.L. 107-110, Title 1, Sec, 1119 which requires that each local education agency receiving assistance under this part shall ensure that all paraprofessionals shall be appropriately qualified.

B. The purpose of this rule is to designate appropriate assignments of paraprofessionals and qualifications for paraprofessionals hired before and after January 6, 2002 consistent with NCLB requirements.

C. This rule establishes the formula for distribution of Paraeducator funding under Section 53A-17a-167 to eligible schools. The rule provides minimum standards for use of funds and reporting requirements.

 

R277-524-7. Board Responsibilities.

A. The Board shall annually distribute funds provided under Section 53A-17a-167 to eligible Title I schools. The funds shall be divided equally among eligible schools.

B. The Board shall submit an annual report to the Public Education Appropriations Subcommittee on the implementation of this program.

 

R277-524-8. Responsibilities of Eligible Schools Receiving Paraeducator Funding.

A. Paraeducators hired with these funds shall meet the qualifications under R277-524-4.

B. Paraeducators hired with these funds shall provide additional aid in the classroom to assist students in achieving academic success as defined in R277-524-3A.

C. Schools that accept the Paraeducator Funding shall demonstrate, as required by USOE reporting, that funds are used to supplement other state and federal funds to provide paraeducator services.

D. Schools accepting these funds shall provide an annual report as directed by the USOE that includes the following:

(1) the number of paraeducators hired with program money;

(2) school funding, in addition to funds provided under this rule, the school used to supplement program money to hire paraeducators; and

(3) accountability measures, including student test scores and other student assessment elements for students served by the program.

 

KEY: paraprofessional qualifications, NCLB

Date of Enactment or Last Substantive Amendment: [February 5, 2004]2012

Notice of Continuation: January 5, 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(a)([ I ] i ); P.L. 107-110, Title 1, Sec. 1119

 

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