R277. Education, Administration.
R277-324. Paraprofessional/Paraeducator Programs, Assignments, and Qualifications.
R277-324-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board;
(b) Subsection 53E-3-401(4), which gives the Board authority to adopt rules in accordance with its responsibilities;
(c) Subsection 53E-3-501(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
(d) Subsection 53F-2-411(4), which requires the Board to establish a rule that creates the funding distribution for money appropriated to paraeducator programs.
(2) The purpose of this rule is to:
(a) designate appropriate assignments of paraprofessionals and qualifications for paraprofessionals;
(b) establish the formula for distribution of Paraeducator funding under Section 53F-2-411 to eligible schools; and
(c) provide minimum standards for use of funds and reporting requirements.
R277-324-2. Definitions.
(1) "Eligible school," means the same as the term is defined in Subsection 53F-2-411(1)(a).
(2) "Paraeducator funding" means supplemental state funding provided under Section 53F-2-411 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.
(3) "Paraprofessional" or "paraeducator" means the same as the term is defined in Subsection 53F-2-411(1)(b).
(4) "Paraprofessional training" means professional development consistent with or using information provided in this rule and the Utah Standards for Instructional Paraeducators.
R277-324-3. Incorporation by Reference of Utah Standards for Instructional Paraeducators.
(1) This rule incorporates by reference the Utah Standards for Instructional Paraeducators.
(2) A copy of the Utah Standards for Instructional Paraeducators is available at:
(a) https://www.schools.utah.gov/specialeducation/programs/instructioninclusion?mid=4949&tid=3; and
(b) the offices of the Utah State Board of Education, 250 E. 500 So., Salt Lake City, Utah, 84111.
R277-324-4. Appropriate Assignments or Duties for Paraprofessionals.
(1) A paraprofessional may:
(a) upon completion of explicit training from appropriately licensed teachers or related service providers, provide individual
or small group instructional assistance or tutoring to students as designed by an appropriately licensed teacher or related service provider during times when students would not otherwise receive instruction from an appropriately licensed teacher or related service provider;
(b) assist with classroom organization and management, such as organizing instructional or other materials;
(c) provide assistance with supplementary aids and services, program modifications, and support, such as assistive technology devices and services;
(d) conduct parental involvement activities;
(e) provide support in library or media centers; or
(f) provide supervision for students in non-instructional settings.
(2) A paraprofessional may not:
(a) be responsible for selecting or administering formal diagnostic or psychological instruments or for interpreting the results of those instruments if the paraprofessional's training, licensure, or other forms of certification do not align with the administration and interpretation requirements stated in an instrument's technical manual;
(b) be responsible for selecting programming or prescribing educational activities or materials for the students without the supervision and guidance of an appropriately licensed teacher or related service provider;
(c) be solely responsible for designing lesson plans;
(d) be assigned to implement elements of an IEP for a student with disabilities without direct training, supervision, and involvement from an appropriately licensed teacher or related service provider;
(e) employed to fulfill the responsibilities that may only be provided by an appropriately licensed and otherwise qualified teacher or related service provider; or
(f) perform nursing procedures or administer medications without appropriate supervision and training from an appropriately licensed health care professional.
(3) A licensed teacher shall:
(a) prepare a lesson and plan the instruction support activities to be carried out by a paraprofessional;
(b) evaluate the achievement of the students with whom a paraprofessional works; and
(c) the supervision and support to the paraprofessional that the teacher deems appropriate for the paraprofessional to work effectively in the paraprofessional's role and responsibilities.
(4) If a paraeducator is working in a special education program, the LEA shall appropriately train the special education teacher to supervise and direct the work of the paraeducator in the paraeducator's assigned roles and responsibilities.
