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(5.36) Are districts responsible for providing a student with a paraprofessional (instructional aide)?

(5.36) Are districts responsible for providing a student with a paraprofessional (instructional aide)?

The law does not limit the list of related services to those listed in the federal regulations or California Education Code. Related services may include any service necessary for a special education student to benefit from their education.[1] For example, a paraprofessional might be required to help a student with significant physical disabilities perform educational tasks (such as note taking), or to assist with behavioral management for a student with significant behavior problems. Therefore, the district must provide a paraprofessional if your child needs an aide to benefit from their education, including situations where your child needs an aide to assist them in a general education classroom.

Paraprofessional (Instructional Aide) Qualification Requirements 

A paraprofessional assisting as an instructional aide must have a high school diploma or equivalent and meet ONE of the following requirements: (1) complete at least two years of study at an institute of higher education; (2) possess an associate’s degree or higher; or (3) satisfied local or state assessment establishing knowledge of, and ability to assist in, instructing reading, writing, and mathematics.[2] Paraprofessionals assisting students with disabilities must be trained and have the specific knowledge and skills to do so.[3] Thus, a paraprofessional must be qualified to perform the duties needed to implement a student’s IEP. For example, if the purpose of the paraprofessional is to provide behavioral support to your child in the classroom, you should make sure that you have the district write into the IEP that the paraprofessional must be “trained in behavior modification” as well as the frequency, location, duration and type of services the paraprofessional will provide. At no point may a district hire a paraprofessional who does not possess the required qualifications. The district cannot waive the qualifications for a paraprofessional on an emergency, temporary or provisional basis.[4]

If you believe the paraprofessional assisting your child does not meet the requirements under the law, you should state your concerns in writing to the district and if your concerns are not resolved you may file a compliance complaint with CDE see Chapter 6, Information on Due Process /Compliance Procedures.

  1. 34 C.F.R. §. 300.34(a); Cal. Ed. Code § 56363(a).[]
  2. Cal. Ed. Code §§45330(c); 45353[]
  3. 34 C.F.R. §300.156(b)[]
  4. 34 C.F.R. Secs. 300.18(b)(3) & 300.156(b)(2).[]