State Board of Education Administrative Rule Summary

STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY

Title/OAR #: Educational Assistants/OARs 581-037-0005, -0006, -0015, -0025, and -0030

Date: May 20, 2010

Staff/Office: Colleen Mileham/EII and Nancy Latini/SL&P

New Rule Amend Existing Rule Repeal Rule

Hearing Date: May 26, 2010 Hearings Officer Report Attached

Prompted by: State law changes Federal law changes Other - Need for clarity

Action Requested:

First Reading/Second Reading Adoption Adoption/Consent Agenda

PROPOSED/AMENDED RULE SUMMARY:

Specifies requirements related to educational assistants employed by public education providers.

BACKGROUND:

In 2001, the federal Elementary and Secondary Education Act (ESEA) introduced required qualifications for paraprofessionals working in Title IA schools. The goal was to ensure that students most in need of academic improvement were receiving instruction from highly qualified paraprofessionals that would work under the direct supervision of a highly qualified teacher.

The current Oregon Administrative Rules (Division 37) concerning educational assistants were developed in the mid 1990s. In providing technical assistance to districts and through the federal programs monitoring process, Department staff became aware of the disconnect between the federal ESEA requirements and the Division 37 regulations. Following an OAR review, Department staff realized although current Division 37 rules apply to all educational assistants, they do not contain all of the federal Elementary and Secondary Education Act (ESEA) requirements for educational assistants working in Title I, Part A schools.

To inform the OAR revision process, ODE convened a Division 37 Revision Stakeholder Group comprised of representatives from K-12, OSEA, and the Community College programs providing educational assistant certification. The group reviewed public comments and conducted a survey of educational assistants, teachers, administrators, parents and community members. The group used the survey results to offer recommendations for the revisions.

The new language in the revised OAR sharpens definitions and provides clarity regarding the responsibilities, supervision required and qualifications of Educational Assistants/Paraprofessionals working within Title I, Part A programs and others, including but not limited to:

§ School Age programs

§ Early Intervention/Early Childhood Special Education

Specifically, the revised rules:

1. Define:

a. Educational Assistant and teacher according to ORS 32.120

b. Related service provider

c. Early Childhood Specialist and Early Childhood Supervisor as defined in OAR 581-015-2905 and 581-015-2910

d. Supervision

e. Title I, Part A of ESEA

f. Title I, Part A Educational Assistant

2. Remove references to statutory authority under ORS 342 and 343 which have been repealed.

3. Repeal OAR 581-037-0030.

4. Apply to all assistants where specified and add qualifications for educational assistants/paraprofessionals specific to the programs under which they are assigned (Title I, Part A, non Title I, Part A).

5. Require Educational Assistants providing translation services to have certification, knowledge of and the ability to provide accurate translations.

6. Align Division 37 OARs with Division 15 OARs related to educational assistants working in Early Intervention/Early Childhood Special Education.

ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:

· Current Division 37 rules apply to all educational assistants but do not contain all of the federal Elementary and Secondary Education Act (ESEA) requirements for educational assistants working in Title I, Part A schools.

· The current Division 37 Oregon Administrative Rules do not include a definition or reference to paraprofessionals. Under the proposed Division 37 revisions, “Paraprofessional”, “Instructional Aid” and “Educational Aide” have the same meaning as Educational Assistant and mean persons who provide instructional support to students.

· The difference between federal requirements for paraprofessionals and the Oregon Division 37 OARs led to confusion about requirements for educational assistants working in schools and funded under different sources. ODE received many calls regarding which regulation the district had to apply under which situation.

o The federal Elementary and Secondary Education Act requires that paraprofessionals working with students in Title I, Part A schools are required to be highly qualified. Paraprofessionals in Title I, Part A schools are required to have:

(a) Completed two years of study at an institution of higher education; or

(b) Obtained an Associate’s (or higher) degree; or

(c) Met a rigorous standard of quality and demonstrate through a formal state, or local academic assessment or para-educator certificate program, knowledge of and the ability to assist in instructing:

(A) Reading, writing, and mathematics; or

(B) Reading readiness, writing readiness, and mathematics readiness, as appropriate.

o The current Division 37 OAR qualifications requirement states:

A teacher aide shall:

(1) Have a high school diploma or such knowledge and experience determined by the local district superintendent to be sufficient to function as an educational assistant.

(2) Have standards of moral character as required of teachers.

· ODE also found many cases where the Educational Assistants providing translation services did not have the ability to provide accurate translations from a language other than English into English and from English into a language other than English.

CHANGED SINCE LAST BOARD MEETING?

N/A; first read—hasn’t been before board

No; same as last month

Yes – As follows:

The revisions to Division 37 OARs were initially brought before the Board for a first read in May 2009. Based upon the public comment at that time, the department determined the need to seek further input from the field. The Board took no action on this item during the May 2009 meeting.

ODE created a stakeholder group to review the public hearing comments, survey the field for additional input, and recraft the Division 37 OARs for presentation to the State Board.

Fiscal Impact:

These revisions are expected to have little or no fiscal impact, unless a district has currently placed an educational assistant into a position under a program for which they are not qualified.

Districts may need to review educational assistant staffing and provide professional development opportunities to bring educational assistants to the level of qualifications necessary for the assignment.

Revised OARs do not require that all paraprofessionals meet the same level of qualifications as required in Title I schools. It clarifies the level of qualifications for educational assistants based on the program under which they are working, including School Age programs and those for Early Intervention/Early Childhood Special Education.

STAFF RECOMMENDATION:

Adopt administrative rule at this meeting

Adopt next month administrative rule at next meeting

No recommendation at this time (rarely used)

OREGON DEPARTMENT OF EDUCATION

DIVISION 37

EDUCATIONAL ASSISTANTS

This division applies to all educational assistants including those who work in general education, special education, Title I, Part A of the federal Elementary and Secondary Education Act, and Early Childhood/Early Childhood Special Education programs.

581-037-0005

Definitions

The definitions below apply to OAR 581-037-0005 to 581-037-0025:

(1) "Educational assistant" refer to persons means an educational assistant as defined as such in ORS 342.120. The terms “paraprofessional” and “instructional aide” have the same meaning as “educational assistant”.

(3) “Early Childhood Specialist” means a persons as defined in OAR 581-015-2905. ”

(4) “Early Childhood Supervisor” means a person as defined in OAR 581-015-2910

(2) ”Related service provider “ means a person registered, certified or licensed by the State of Oregon as qualified to provide a particular related service, as defined in ORS 343.035, that requires State registration, certification or licensing.

(2) "Supervision" refers to responsibility for and management of the program staff of which administrators, teachers and assistants are members.

(5) “Title I, Part A (I-A)” means a supplemental federally funded program under the Elementary and Secondary Education Act.

(6) “Title I-A educational assistant” means an educational assistant employed or contracted in:

(a) A Title 1-A targeted assisted school and is paid in whole or in part with Title 1, Part A funds; or

(b) A Title 1-A school-wide program school; or

(c) A school district expending Title 1, Part A funds to provide instructional support to a public school teacher who provides equitable services to eligible private school children.

(7) “Teacher” means a teacher as defined in ORS 342.120.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051, 342.120, 343.041
ORS 343.120
Hist.: 1EB 118, f. 11-28-67, ef. 12-25-67; 1EB 131, f. 5-12-72, ef. 6-1-72; 1EB 227, f. & ef. 6-4-76; 1EB 15-1980, f. & ef. 6-9-80; EB 7-1990, f. & cert. ef. 1-26-90

581-037-0006

Qualifications of Educational Assistants

(1) All educational assistants or others employed or contracted in that capacity must:A teacher aide shall:

(12a) Have a high school diploma or such knowledge and experience determined by the local district superintendent to be sufficient to function as an educational assistant the equivalent;.

(3b) Be at least 18 years of age.; and

(24c) Have standards of moral character as required of teachers (OAR 584-005-0005).

(25) In addition to the qualifications listed in section (1) of this rule, Eeducational assistants providing translation services must have certification, knowledge of and the ability to provide accurate translations from a language other than English into English and from English into a language other than English.

(36) In addition to the qualifications listed in section (1) of this rule, Title 1-A educational assistants must have:

(a) Completed two years of study at an institution of higher education; or

(b) Obtained an Associate’s (or higher) degree; or

(A) Reading, writing, and mathematics; or

(B) Reading readiness, writing readiness, and mathematics readiness, as appropriate.

Stat. Auth.: ORS 342326.051
Stats. Implemented: ORS 342.120326.051
ORS 343.120
Hist.: 1EB 227, f. & ef. 6-4-76; 1EB 20-1980(Temp), f. & ef. 7-15-80; 1EB 5-1981, f. & ef. 2-12-81; EB 7-1990, f. & cert. ef. 1-26-90

581-037-0015

Assignment and Direction and Supervision of Educational Assistants

(1) The educational assistant shall assist a teacher or Early Childhood Specialist or Supervisor or related service provider only in a supportive capacity. The role of the educational assistant is adaptable to many support tasks, and nothing in these rules should be interpreted as limiting assistants only to the performance of classroom duties. Educational assistant tasks may include but are not limited to:

(a) Instructional support -- Tasks performed by assistants to supplement students' basic instruction by offering students opportunities to practice and apply what they have learned;, including social skills, life skills, and transition skills;

(b) Clerical support -- Tasks such as preparing materials, duplicating and operating audiovisual equipment, which are primarily concerned with the physical arrangement of the learning environment; and

(c) Student control -- Such duties Duties such as supervision of students in school buildings, buses, and grounds including but not limited to lunch rooms, lunchroom's and playground areas, assisting with fire drills, monitoring students in hallways, etc.

(d) Personal care;

(e) Translation or Parent/Family Involvement activities; and

(f) Media center or computer laboratory support.

(2) Any educational assistant assigned to instruction-related activities shall work under the direction supervision of the an appropriately licensed teacher (or administrator, Early Childhood Specialist specialist or supervisor; or related services provider). assigned to that instructional station. Supervision means:

(a) The assigned teacher (or administrator, Early Childhood Specialist specialist or supervisor; or related services provider) plans the instructional activities that the educational assistant carries out;

(b) The assigned teacher (or administrator, Early Childhood Specialist specialist or supervisor; or related services provider) evaluates the achievement of the students with whom the educational assistant is working; and

(c) The assigned teacher (or administrator, Early Childhood Specialist specialist or supervisor; or related services provider) provides a supervision plan that includes regular monitoring of the educational assistant’s effectiveness and access to assistance and consultation.

(3) In addition to the supervision requirements under section (2) of this rule, Title I educational assistants must work in close and frequent proximity to the appropriately licensed teacher identified as “highly qualified” as defined by the federal Elementary and Secondary Education Act.

(34) A plan of supervision for the educational assistant shall provide for:

(a) Access to assistance and consultation; and

(b) Regular monitoring of the educational assistant's performance to determine effectiveness of the assigned tasks and the effect on students and their families.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051
Hist.: 1EB 131, f. 5-19-72, ef. 6-1-72; 1EB 15-1980, f. & ef. 6-9-80; EB 7-1990, f. & cert. ef. 1-26-90

581-037-0025

Training of Educational Assistants

Districts employing educational assistants in any capacity shall provide or arrange for suitable training for such personnel to prepare them to perform such functions as they may be assigned.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051

Hist.: 1EB 131, f. 5-19-72, ef. 6-1-72; EB 7-1990, f. & cert. ef. 1-26-90

581-037-0030 (Repeal)

Credentialing of Educational Assistants

The Oregon State Board of Education will require no certificate, diploma or other credential (except the prerequisite high school diploma or its equivalent) as a condition for employment as a educational assistant.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 343.120
Hist.: 1EB 131, f. 5-19-72, ef. 6-1-72; EB 7-1990, f. & cert. ef. 1-26-90

State Board of Education

Secretary of State

NOTICE OF PROPOSED RULEMAKING HEARING*

A Statement of Need and Fiscal Impact accompanies this form.

581

Agency and Division Administrative Rules Chapter Number

Diane Roth

503-947-5791

Rules Coordinator Telephone

255 Capitol St NE, Salem, OR 97310

Address

RULE CAPTION

Specifies requirements related to educational assistants employed by public education providers.

Not more than 15 words that reasonably identifies the subject matter of the agency’s intended action.

Hearing Date (m/d/yyyy) Time Location Hearings Officer

1 5/26/2010

1:00 pm

Rm 251, 255 Capitol St NE, Salem, OR 97310

Cindy Hunt

Auxiliary aids for persons with disabilities are available upon advance request

RULEMAKING ACTION

ADOPT:

Secure approval of rule numbers with the Administrative Rules Unit prior to filing.

AMEND:

581-037-0005, 581-037-0006, 581-037-0015, 581-037-0025

REPEAL:

581-037-0030

Renumber: Secure approval of rule numbers with the Administrative Rules Unit prior to filing.

Amend and Renumber: Secure approval of rule numbers with the Administrative Rules Unit prior to filing.

Statutory Authority: ORS

ORS 326.051