Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a) All
personnel employed or contracted by a public agency to provide special
education or related services must be appropriately licensed or certified and
must have the content knowledge and skills necessary to provide the services
for which the individual is employed or contracted in accordance with standards
established by the department of education's office of educator licensing or
other applicable licensing and certification bodies.
(b) Special education teachers who teach in
public elementary and secondary schools must meet the requirements of
subsection (a).
(c) Related
services personnel who deliver services in their discipline:
(1) must meet the requirements of subsection
(a); and
(2) may not have
certification or licensure requirements waived on:
(A) an emergency;
(B) a temporary; or
(C) a provisional; basis.
(d) Personnel working
with deaf or hard of hearing students who provide sign language transliteration
and interpreting services must:
(1) meet the
requirements of subsections (a) and (c); and
(2) be certified to interpret in an
educational setting.
(e)
Public agencies may allow paraprofessionals and assistants who are
appropriately trained to work under the direction and supervision of:
(1) licensed teachers; or
(2) related services personnel; to assist
students in areas that relate to personal, social, and educational
needs
(f) The public
agency shall do the following:
(1) Provide
preservice and in-service training to paraprofessionals in the following areas:
(A) The role of the paraprofessional related
to the role of the professional person providing supervision and
direction.
(B) The specific skills
and content knowledge necessary to carry out the assigned
responsibilities.
(C) Information
on the following:
(i) The specific special
needs and characteristics of the students with whom the paraprofessional will
be working.
(ii) Special education
procedures, including the confidentiality of personally identifiable
information.
(2) Document, in writing, the training
provided to paraprofessionals.
(g) In addition to the requirements listed in
subsections (e) and (f), paraprofessionals who provide instructional support in
a program supported by funds from Title I, Part A of the Elementary and
Secondary Education Act must have the following:
(1) A high school diploma as defined in
511 IAC 6-7.1-1(e)
or its recognized equivalent.
(2) Paraprofessionals hired after January 8,
2002, must have achieved one (1) of the following:
(A) Completed two (2) years of study at an
institution of higher education, as defined in
511
IAC 7-32-52.
(B) Obtained an associate's or higher
degree.
(C) Met a rigorous standard
of quality and be able to demonstrate, through a formal state academic
assessment, knowledge of and the ability to assist in instructing reading,
writing, and mathematics (or, as appropriate, reading readiness, writing
readiness, and mathematics readiness).
(h) A paraprofessional under subsection (g)
does not have to meet the requirement in subsection (g)(2) if the
paraprofessional is a person who:
(1) is
proficient in English and a language other than English and acts solely as a
translator to enhance the participation of limited English proficient students;
or
(2) only conducts parental
activities, such as a home school liaison.
(i) A paraprofessional under subsection (g)
does not have to meet the requirements contained in subsection (g) if the
paraprofessional:
(1) works in a Title I
targeted assistance program, as opposed to a Title I school-wide program,
unless the paraprofessional's salary is funded, in whole or in part, by Title
I, Part A; or
(2) does not provide
instructional support, such as a person who solely provides personal
care.
