This is NOT a new requirement. Title 1 paraeducators have needed to meet this requirement since the enactment of the federal No Child Left Behind education law on Jan 8, 2022. The Every Student Succeeds Act of 2016 reauthorized the highly qualified requirement for Title 1 paraeducators established in NCLB.

Federal special education law, commonly referred to as IDEA, or the Individuals with Disabilities Education Act, sets the minimum requirements for special education paraeducators. IDEA was reauthorized by the U.S. Congress in 2004.

What are the minimum qualifications for Title 1 paraprofessionals?

All paraeducators working in a Title 1 program must hold a high school diploma or its equivalent. In addition, Title 1 paraeducators must be highly qualified as defined by federal and state law. This means paraeducators working in Title 1 programs must meet the following minimum requirements:

• At least two years of college credits (usually 60 credits if earned in Minnesota) through an accredited institution of higher education; or
• An associate degree or higher; or
• A passing score on an approved, formal assessment (see below) demonstrating the knowledge and ability to assist with instruction in reading/language arts, writing, mathematics, or readiness for each. 1

Are all paraeducators and support staff in a Title 1 school held to this standard?

No. Only paraeducators and providing instructional support need to meet this requirement. This might include paraeducators who provide tutoring, assist with classroom management, provide technical assistance tied to learning, or provide instructional services.

Cafeteria workers, playground supervisors, bus drivers, non-instructional computer assistance staff, clerical staff, and staff that do not provide instructional assistance do NOT have to meet the highly qualified statutes.

What are the minimum qualifications for special education paraeducators?

IDEA requires school districts to ensure that special education personnel "are appropriately and adequately prepared and trained." This means the personnel "have the content knowledge and skills to serve children with disabilities." 2

1 For more information, see Minnesota Department of Education guidance at ESEA Title Program (mn.gov)

2 For more information, see U.S. Department of Education guidance at Sec. 300.156 Personnel qualifications - Individuals with Disabilities Education Act

What about Title 1 paraeducators hired before the enactment of No Child Left Behind in January 2002? Are these individuals exempt from these requirements?

No, these paraeducators must also meet the highly qualified requirements. The federal government provided a grace period after the initial passage of NCLB for paraeducators to meet these requirements. That period ended on Jan 8, 2006. ESSA, enacted in 2016, reauthorized the highly qualified requirement for Title 1 paraeducators.

What exams are available for paraeducators to meet the highly qualified requirements?

Minnesota has two state-approved assessments for paraeducators, the Paraeducator and the ParaPro. The Minnesota Department of Education provides updated information, such as registration and cost, at ESEA Title Program (mn.gov)

Are these tests the same as the Voluntary Paraeducator Credential offered through PELSB?

No. The voluntary paraeducators credential offered through PELSB requires a higher standard of training and experience. Candidates who have the Paraeducator Credential exceed the federal requirement. Candidates for the Paraeducator Credential must pass either the Paraeducator or the ParaPro and have two years of experience as a paraprofessional in the same district, and complete 60 hours of PD and submit a portfolio documenting they have addressed the competencies laid out on the MDE site dedicated to the voluntary credential. Many paraeducators contracts in Minnesota provide additional compensation for employees who complete this certification.

More information about the Voluntary paraeducators Credential can be found here: Voluntary Para Credential Guidance Document 013124_tcm1113-616578.pdf (mn.gov)

Because one of the requirements for obtaining the Voluntary paraeducators Credential is to pass either the Paraeducator or the ParaPro, anyone who has this credential already meets the "highly qualified" qualifications.

Is there a portfolio process that allows paraeducators to prove their highly qualified status?

No, there is not currently a portfolio program available to paraeducators in Minnesota related to highly qualified status. The only portfolio process for paraeducators is related to the Voluntary paraeducators Credential discussed above.

How does an employee verify their highly qualified status with the district?

It is the responsibility of the district to verify and maintain proof of a paraeducator's qualifications. MDE has stated that the district "must retain a copy of each paraprofessional's diploma, college transcripts, and/or official assessment results to demonstrate compliance with federal requirements." We also recommend that the employee retain copies of their own test scores and transcripts.

What if a paraeducators has been working in a Title 1 or special education program without these credentials? Is it the employee's responsibility to obtain this training?

Some districts have hired individuals, including into positions in Title 1 and special education programs, and did require individuals to have this training. That is lawful, and where this requirement was imposed consistently, there is no problem. However, some districts hired paraeducators and other employees in special education and Title 1 programs without requiring that they meet the standard. We know this because administrators are now, in some places, sending brusque correspondence to longtime staff insisting that they acquire a credential or training that the employer had never before required. For those individuals, having the credential was clearly not a condition of employment. Under the state's collective bargaining law, PELRA, employers may not impose a new condition of employment on staff without negotiating with their union.

In the districts in which employees may be going into negotiations or already in bargaining, units should invite districts to make a proposal regarding this issue. Additionally, units should insist that employers compensate employees for any costs of acquiring a new credential that the district previously did not require. This includes the cost of purchasing transcripts that the district did not request or require when the employee was hired.

In the districts in which the parties are working under an existing contract, the union may choose to enter into a memorandum of understanding regarding this requirement, or the union can tell employers that they will be happy to discuss the district's desire to implement a new condition of employment during the next round of bargaining. If districts persist in trying to impose this new requirement unilaterally, contact your contract organizer because the district may be committing an unfair labor practice.