Technical Assistance Paper No. 6
November 2020
Page 1
OSPI Special Education
Technical Assistance Paper No. 6 (TAP #6)
Paraeducators and Students Eligible to Receive Special Education Services
Purpose
The purpose of this technical assistance
paper (TAP) is to provide a general overview
of special education requirements related to
the district use of paraeducators to support
the provision of specially designed
instruction (SDI) on a student’s
Individualized Education Program (IEP). This
document is primarily intended to help
district and school administrators and
educators understand special education
regulations related to the use of
paraeducators, plan for that usage, and key
employment and professional development
certificate
1
requirements for paraeducators
serving students with an IEP. It presents a
recommended approach to utilizing
paraeducators including a rationale for the
recommendation.
This TAP is organized as follows:
I. Overview
II. Paraeducators as Service Providers
III. Paraeducators on the IEP
IV. FAPE Considerations for Districts and
IEP Teams
V. Employment Requirements and
Certification
VI. Conclusion
Appendix A: Best Practices when Using
Paraeducators
1
The TAP is accompanied by a second document highlighting best practices to support districts in effective use of paraeducators to
support improved student outcomes.
Appendix B: Resources
Appendix C: References
I. Overview
Individualized education programs (IEPs) for
students with disabilities make it necessary
for districts to offer an assortment of
educational practices, which often feature
small group or one-to-one instruction. Tasks
that students without disabilities can
approach with little or no difficulty can be
more time consuming or challenging for
students with disabilities, at times requiring
more intensive and individualized program
planning, supervision, implementation, and
evaluation. Used in line with evidence-based
best practices, paraeducators assist teachers
in delivering high-quality instruction and
enable schools to meet all individual student
needs in all environments.
When utilized effectively, paraeducators
support student engagement and can also
improve student outcomes through timely
collection of student progress data and the
delivery of individualized student support,
such as, the delivery of student-specific
prompting and reinforcement strategies.
Furthermore, the intentional use of
paraeducator support helps ensure that
students receive the differentiated support
they need to access the general education
Technical Assistance Paper No. 6
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environment in a manner which is both safe
and effective. It is important to note that a
paraeducator’s role is to supplement
teacher-designed and delivered instruction;
they cannot serve as the primary instructor
and should not be utilized to deliver the
majority of a student’s specially designed
instruction. Additionally, paraeducator
support must be fully designed, supervised,
and monitored by certificated special
education staff, or for related services by a
certificated Educational Staff Associate (ESA).
Trained and properly deployed
paraeducators play a key role in supporting
the continued growth and independence of
students with disabilities across a broad
spectrum of educational activities and are an
essential resource to implement inclusive
practices in schools, so that all students
learn and make progress in the general
education environment.
During the hiring and assignment of
personnel, including paraeducators, districts
must examine current paraeducator
assignment processes with the involvement
of human resources personnel and district
and school leaders to determine which staff
are responsible for designing and providing
instruction, and which are responsible for
providing supplemental supports. In place of
assignment of special education
paraeducators based on the number of
students with disabilities, create a plan that
addresses the needs of students based upon
IEP services, ensures the provision of content
instruction by credentialed teachers, and
identifies contingency plans for staffing, in
case of staff illness.
II. Paraeducators on the IEP
Paraeducators in Washington
"Paraeducator" means a classified public
school or school district employee who
works under the supervision of a certificated
or licensed staff member to support and
assist in providing instructional and other
services to students and their families.
Paraeducators are not considered
certificated instructional staff as that term
and its meaning are used in this title.
RCW
28A.413.010.
Paraeducators play an important role in
schools when working under the supervision
or direction of a certified or licensed
professional to provide educational services
to students. Paraeducators are valuable
members of education teams and support a
variety of students while working in a wide
range of educational settings including
general education and special education
classrooms, lunchrooms, playgrounds,
school buses, vocational work sites,
computer labs, and school media centers.
They provide instructional support to
students in early childhood, elementary, and
secondary, as well as transitional and
institutional educational settings.
For more information on paraeducator
policy and assignments, contact the
Professional Educators Standards Board.
Paraeducators on the IEP
Per WAC 392-172A-03090, the IEP must
meet each of the educational needs that
result from the student’s disability. This
includes a statement of the special
education and related services and
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November 2020
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supplementary aids and services, based on
peer-reviewed research to the extent
practicable, to be provided to the student, or
on behalf of the student, and a statement of
the program modifications or supports for
school personnel that will be provided to
enable the student:
I. T
o advance appropriately toward
attaining the annual goals;
II. T
o be involved in and make progress
in the general education curriculum,
and to participate in extracurricular
and other nonacademic activities;
and
III. To be educated and participate with
other students including nondisabled
students in the activities described in
WAC 392-172A-03090.
On an IEP, paraeducator support is often
listed as a supplementary aid and service,
related service, or accommodation,
depending on the intent of the paraeducator
support. Supplementary aids and services
are: “aids, services, and other supports that
are provided in general education classes or
other education-related settings to enable
students eligible for special education to be
educated with nondisabled students to the
maximum extent appropriate in accordance
with the least restrictive environment
requirements.” WAC 392-172A-01185
. A
related service includes, “developmental,
corrective, and other supportive services as
are required to assist a student eligible for
special education to benefit from special
education.”
WAC 392-172A-01155(1). Finally,
program accommodations and
modifications allow students to advance
appropriately toward attaining annual goals,
be involved in and make progress in the
general education environment, and be
educated and participate with other
students, including students without
disabilities.
WAC 392-172A-03090(1)(d).
For the commitment of services to be clear,
the IEP must be specific about the type,
frequency, and setting of the paraeducator
support: special education setting, general
education setting, all day, specific classes,
1:1, or assigned to a small group of students,
etc. The IEP should clearly outline specific
activities where the student requires the
support of a paraeducator and those
activities in which the student is able to
engage without paraeducator support (e.g.,
what activities does the paraeducator need
to remain within close physical proximity at
all times vs. within line of sight).
1:1 Paraeducators
A 1:1 paraeducator means that one
paraeducator is working with or supporting
one student at a time—this describes a
paraeducator to student ratio. It is essential
that the level of paraeducator support is
tailored to the needs of the student and
faded systemically over time to support
student independence. Districts have the
responsibility to determine the paraeducator
assigned to the student, and the specific
paraeducator providing support may change
throughout the day, as long as the ratio
identified in the IEP remains consistent. If a
student receives 1:1 paraeducator support,
this should be clearly noted on the student’s
IEP.
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Parent Request for a Paraeducator
If a parent requests paraeducator support
for their student or that paraeducator
support be added to the IEP, the district
must conduct an IEP meeting if it believes
that the change may be necessary to ensure
the provision of FAPE.
WAC 392-172A-
03110.
Regardless of the IEP team decision, the
discussion and any decision related to
paraeducator support should be
documented in a prior written notice. A prior
written notice should be provided to a
parent a reasonable time before a district
proposes or refuses to initiate or change the
identification, evaluation, or educational
placement of the student or the provision of
FAPE to the student. WAC 392-172A-05010
.
III. Paraeducators as Service
Providers
Paraeducators as Service Providers
Paraeducators are a valuable resource to
support student progress and independence
across the continuum of educational
programing. In some circumstances, a
paraeducator may also provide assistance
for health and medical issues.
Under the direction and supervision of
licensed/certificated special education staff,
paraeducators play an important role in
supporting the implementation of specially
designed instruction.
WAC 392-172A-
02090(1)(i) states:
Special education and related
services must be provided by
appropriately qualified staff. Other
staff including general education
teachers and paraeducators may
assist in the provision of special
education and related services,
provided that the instruction is
designed and supervised by special
education certificated staff, or for
related services by a certificated
educational staff associate. Student
progress must be monitored and
evaluated by special education
certificated staff or for related
services, a certificated educational
staff associate. (Emphasis added).
Special education means specially designed
instruction provided “to meet the unique
needs of a student eligible for special
education, including instruction conducted
in the classroom, in the home, in hospitals
and institutions, and in other settings; and
instruction in physical education.”
WAC 392-
172A-01175(1). The regulations do not
define “assist” but the general meaning of
assist is to give support or aid to, to help.
The practice of having a paraeducator as the
primary provider of specially designed
instruction on a student’s IEP is inconsistent
with the IDEA. See section IV. of this
document for more information.
The Analysis and Comments to the IDEA 2004
Part B federal regulations state:
Section 300.156(b)(2)(iii), consistent
with section 612(a)(14)(B)(iii) of the
Act, does specifically allow
paraeducators and assistants who are
appropriately trained and supervised,
in accordance with State law,
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regulation, or written policy, to assist
in providing special education and
related services to children with
disabilities under the Act. However,
this provision should not be
construed to permit or encourage
the use of paraeducators as a
replacement for teachers or related
services providers who meet State
qualification standards. (Emphasis
added).
The Analysis of Comments and Changes, 71
Federal Register 46612 (2006) go on to state:
To the contrary, using paraeducators
and assistants as teachers or related
services providers would be
inconsistent with the State’s duty to
ensure that personnel necessary to
carry out the purposes of Part B of
the Act that instructors are
appropriately and adequately
prepared and trained. Paraeducators
in public schools are not directly
responsible for the provision of
special education and related
services to children with disabilities;
rather, these aides provide special
education and related services to
children with disabilities only under
the supervision of special education
and related services personnel…
…[I]t is critical that States that use
paraeducators and assistants to assist
in providing special education and
related services to children with
disabilities do so in a manner that is
consistent with the rights of children
with disabilities to FAPE under Part B
of the Act.
It is the role of both OSPI and the
Professional Educator Standards Board
(PESB) to establish and maintain
qualifications that ensure school personnel,
including paraeducators, providing special
education services are appropriately
qualified and paraeducators specifically must
have the skills and knowledge necessary to
meet the needs of students eligible for
special education. WAC 392-172A-02090
.
According to WAC 392-172A-02090(1)(h):
Paraeducator staff and aides shall
present evidence of skills and
knowledge established under the
rules of the professional educator
standard board, necessary to meet
the needs of students eligible for
special education, and shall be under
the supervision of a certified teacher
with a special education
endorsement, or certificated
educational staff associate or a
licensed staff, as provided in (i) of
this subsection. Paraeducator staff
assigned to Title 1 school-wide
programs shall also meet ESEA
standards for paraeducators.
Washington State has clearly defined how
paraeducators can support the provision of
specially designed instruction by following
the standards of practice outlined by the
PESB. Paraeducator Board Standard 1.4
provides guidance for paraeducators
supporting specially designed instruction for
students receiving special education
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services, requiring paraeducators to have
the:
• A
bility to implement instructional
strategies and techniques that support
specially designed instruction and
specific learning needs as developed and
directed by certificated/licensed staff.
• Ability to assist students with assistive
technology as directed by
certificated/licensed staff.
• A
bility to assist in recording and
maintaining data (e.g., academic,
behavior, social/emotional, or health) to
support IEP goals and behavior plans as
directed by certificated/licensed staff.
Paraeducator Supervision
Paraeducators who assist with the provision
of special education are required by law to
be under the close supervision of a
certificated teacher with a special education
endorsement. Similarly, paraeducators who
assist in the delivery of related services, are
required to be supervised by a certificated
educational staff associate (ESA). The
supervising certificated special education
teacher or ESA is responsible for designing
and monitoring the delivery of specially
designed instruction or related services, and
monitoring student progress. In accordance
with state and federal laws, the certificated
special education teacher or ESA is required
to monitor paraeducators’ practices to
ensure that the delivered services are
compliant with the student’s IEP and enable
the student to make progress in their
individualized goals. WAC 392-172A-02090
.
IV. FAPE Considerations for
Districts and IEP Team
FAPE Considerations When Using
Paraeducators
The U.S. Supreme Court determined that a
district must offer an IEP reasonably
calculated to enable a child to make
progress appropriate in light of the child’s
circumstances. Endrew F. v. Douglas County
Sch. Dist. RE-1, 69 IDELR 174 (2017). The IEP
team must consider whether using a
paraeducator to provide support or assist in
the delivery of specially designed instruction
is reasonably calculated for the child to
make progress.
For paraeducators providing supports or
instruction to students with disabilities, the
overarching goal under IDEA is to meet the
needs that result from each student’s
disability and to enable the student to
meaningfully participate and make progress
in the general education curriculum.
Courts, the Office of Civil Rights (OCR), and
the U.S. Department of Education Office of
Special Education Programs (OSEP) have
found that public schools must supply
paraeducator services if necessary, for FAPE,
and paraeducators must be qualified.
Least Restrictive Environment (LRE)
Considerations
WAC 392-172A-02050 through 392-172A-
02070 specifically outline the least restrictive
environment (LRE) requirements. Under
WAC 392-172A-03110(2)(b)(ii), personnel
supports, supplementary aids and services,
or modifications, including supports for the
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teacher, must be provided when necessary
for the student to benefit from their
educational program. Removal from the
regular education environment may occur
only if the nature or severity of the disability
is such that education in the regular class
with the use of supplementary aids and
services cannot be achieved satisfactorily.
Paraeducator support is one example of
supplementary aids and services that may be
necessary to ensure a student with a
disability has access to participation and
progress in the general curriculum, but is not
the only option.
Student Independence
IEP teams often conflate LRE with the impact
a paraeducator can have on a student’s
independence. For example, an IEP team
rejected a parent’s request for a
paraeducator, specifically a 1:1 paraeducator,
stating a 1:1 paraeducator is “the most
restrictive level of service” and a 1:1
paraeducator makes the placement more
restrictive (Special Education Citizen
Complaint (SECC) 17–49), which is not
correct. Paraeducator support is an example
of a supplementary aid and service that may
be necessary to ensure a student has more
access to a general education (less
restrictive) setting. Paraeducator support is
not a placement option on the continuum of
alternative placements.
Paraeducator support is designed to be
given at the least intrusive level possible for
each individual student to be successful. This
requires frequent monitoring utilizing
student progress data. Research shows that
an overreliance of paraeducator support or
pattern of over prompting can lead to
prompt dependency and decreased student
outcomes. (Giangreco & Broer; Giangreco,
Suter, and Doyle, 2012). IEP teams should
consider:
• What is the plan to monitor the student’s
progress toward the goals to be
addressed by the assignment of the one-
to-one and the student’s continuing
need for the one-to-one?
• W
hat is the plan for progressively
reducing the support provided to the
student and their independence on an
aide over time?
Access to Instruction from Certificated
Staff, Content Area Experts
Researchers also noted that levels of
paraeducator support that surpass student
need can reduce a student’s access to their
non-disabled peers, general education
teachers, and meaningful participation in the
general education environment. Researchers
recommend districts incorporate the use of a
screening tool as a mechanism to consider
incorporating alternatives to student
supports prior to determination of
assignment of a 1:1 paraeducator (Giangreco
& Broer; Giangreco, Suter, and Doyle, 2012).
Consider the need for expert consultation
when developing programs for students with
complex needs. Paraeducator support
should be deployed and continually adjusted
by a special educator through the collection
of student progress data. If the support is
not sufficient for the student to make
progress, the services/interventions need to
be revisited and modified and/or intensified.
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Decision Making Model
A recommended decision-making model is
one that reviews the intensive needs of a
student, such as through an intensive needs
checklist. This model increases awareness of
roles and responsibilities of those involved
and clearly outlines the extent that the
paraeducator support will increase student
progress, access to the general education
setting, and independence. Also included in
the model should be a focus on what the
student can or cannot do and the extent
assistance is needed and may include a
student ability and assistance needs matrix.
Another component of the model should
include a plan that includes when, where,
and how the paraeducator will support and
how the team will move towards
independence, which may include a formal
plan for assistance document. Utilization of
this type of model will allow the district to
provide support based on student need as
opposed to perceived need. Assurance that
the model or plan includes opportunity for
natural supports through peers, including
peer modeling is also an imperative
component to a paraeducator model for
student success. Please refer to the
companion document for detailed
information about planning for fading of
paraeducator support.
IEP Questions to Determine
Paraeducator Support
To determine the parameters of needed
paraeducator support, the IEP team should
consider the following questions:
• What is the independence function and
scope of paraeducator support to further
the implementation of student learning
after the teacher provides instruction?
• W
ill the assigned paraeducator meet all
general professional development
requirements for employment and their
assignment, or will they need additional
training?
• H
as the paraeducator been adequately
prepared and trained to implement all
their responsibilities? How is this
determined and documented?
• W
ill the paraeducator require any
specific staff support, training or
professional development to implement
a student’s IEP?
• H
as the student’s instruction provided by
the paraeducator been designed by the
special education teacher or the
educational staff associate? How will you
ensure that this occurs on an ongoing
basis?
• How will proper supervision be provided
to the paraeducator to ensure a
student’s IEP is implemented as written?
How is this documented?
• A
re the services from a paraeducator
based on evidence-based best practices?
• H
ow are the services from a
paraeducator reasonably calculated to
enable the student to make appropriate
progress?
• W
hat is the plan for progressively
reducing the support provided to the
student and his or her dependence on a
paraeducator over time?
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V. Employment Considerations
and Professional Development
Certificates
A “certificate of completion” for
paraeducators may be obtained from OSPI
as long as minimum employment
requirements and
Fundamental Course of
Study (FCS) requirements are first met.
The minimum requirements as per WAC
179-03-020 are that paraeducators must be
at least eighteen years of age and hold a
high school diploma or its equivalent and
meet one or more of the following:
• Have received a qualifying score on the
education testing service paraeducator
assessment as published by the
professional educator standards board;
or
• Hold an associate degree or higher from
an accredited college or university; or,
• H
ave earned 72 quarter credits or 48
semester credits at the 100 level or
higher at an accredited college or
university; or,
• H
ave completed an apprenticeship as a
paraeducator in a program registered
with the Washington State
Apprenticeship and Training council.
D
istricts are required to provide 14 hours
(two days) of professional development on
the FCS to their paraeducators. Once a
paraeducator completes the FCS (28 hours
of training), a paraeducator is required to
attain the General Paraeducator Certificate
within three years with training provided by
the district, when funding is provided by the
Legislature. A paraeducator may choose to
obtain a subject matter certificate after
completing the FCS. Subject matter
certificates include certificates in English
Language Learning or Special Education,
each with a 20-hour training time. An
advanced paraeducator certificate is
available after obtaining the
General
Paraeducator Certificate and is a 75-hour
training requirement.
VI. Conclusion
Paraeducators are integral members of the
school community and student learning
environments. Many student IEPs would be
impossible to implement without
paraeducator support. When making
decisions about paraeducator support, IEP
teams will make decisions by focusing on
the individual needs of a student in their
learning environments. There is also a larger
shared responsibility of school systems and
IEP teams to make systematic and data
informed adjustments to the characteristics
of the school, classroom, curriculum,
instruction, and home-school collaboration
to support inclusive and differentiated
support for all students in the general
education environment. It is often
adjustments in these aspects of schooling
that can help all students succeed alongside
their peers in the general education
classroom and saves our limited
paraeducator resources for students who
require their services in order to progress
toward meeting their IEP goals.
Technical Assistance Paper No. 6
November 2020
Page 10
Chris Reykdal
Superintendent of Public Instruction
Glenna Gallo
Assistant Superintendent of Special
Education
Note: This TAP provides general guidance
about paraeducator requirements contained
in IDEA, Part B and state regulations. It
should not be interpreted to provide legal
advice and it does not replace careful review
of the regulations.
All TAPs are posted on the OSPI website at
OSPI Special Education Resource Library
.
To request this material in an alternative
format, or ask questions regarding this TAP
or about special education services, please
contact:
OSPI Special Education
PO Box 47200
Olympia, WA 98504-7200
Phone: (360) 725-6075
TTY: (360) 664-3631
Fax: (360) 586-0247
Email: OSPI-Special Education Email
OSPI provides equal access to all programs
and services without discrimination based on
sex, race, creed, religion, color, national
origin, age, honorably discharged veteran or
military status, sexual orientation including
gender expression or identity, the presence
of any sensory, mental, or physical disability,
or the use of a trained dog guide or service
animal by a person with a disability. Any
questions and complaints of alleged
discrimination should be directed to:
Title IX/Section 504 Coordinator
Equity and Civil Rights Director
P.O. Box 47200
Olympia, WA 98504-7200
Phone: (360) 725-6162
TTY: (360) 664-3631
Email: OSPI-Equity Email
Technical Assistance Paper No. 6
November 2020
Page 11
Appendix A: Evidence-Based Best Practices for Planning
Paraeducator Support
Appendix B: Resources
OSPI Special Education Resource Library
OSPI Certification
Professional Educators Standards Board
Title I, Part A Guide to Paraeducator Requirements
The Paraprofessional Resource & Research Center
Northwest Regional Education Laboratory
National Resource Center for Paraeducators
Guidelines for Selecting Alternatives to Overreliance on Paraprofessionals
Appendix C: References
Causton-Theoharis, J., Giangreco, M. F., Doyle, M. B., & Vadasy, P. F. (2007). Paraprofessionals:
The "sous chefs" of literacy instruction. Teaching Exceptional Children 40(1), 56–62.
Chopra, Rita. Working Effectively with Families: Research-Based Tips for Paraeducators
(2011)
[29th National Conference on the Training and Employment of Paraprofessionals May
12–14, 2011].
Council for Exceptional Children (CEC ). (2019). CEC Paraeducator Professional Development
Standards. Retrieved from Council for Exceptional Children:
Paraeducator Preparation
Guidelines Paraeducator Board. (2017, November 16).
Council for Exceptional Children (2015). What Every Special Educator Must Know: Professional
Ethics and Standards. Arlington, VA: CEC. Retrieved from
What Every Special Educator
Must Know, Fifth Edition 2003, Council for Exceptional Children
Giangreco, M. F., Doyle, M. B., & Suter, J. C. (2012). Constructively responding to requests for
paraprofessionals: We keep asking the wrong questions. Remedial and Special
Education, 33, 362–373.
Giangreco, M. F., Yuan, S., McKenzie, B., Cameron, P., & Fialka, J. (2005). "Be careful what you
wish for…: Five reasons to be concerned about the assignment of individual
paraprofessionals.” Teaching Exceptional Children, 37(5), 28–34.
Technical Assistance Paper No. 6
November 2020
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Katsiyannis, A., Hodge, J., & Lanford, A. (2000). Paraeducators: Legal and practice
considerations. Remedial and Special Education, 21(5), 297–304.
Mueller, P and Murphy, F. (2001). "Determining When a Student Requires Paraeducator
Support.” Teaching Exceptional Children, 33(6), 22–27.
OSPI-Special Education Email.
Pickett, A. L. (2000). The trained paraeducator: It’s not just a job, it’s a requirement. The Special
Educators, 15(12), 1–7.
Rules for the Provision of Special Education Chapter 392-172A WAC
.
Special Education Paraeducator Standards of Practice.
