FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
Dr. Eric J. Smith
Commissioner of Education
T. WILLARD FAIR,
Chairman
Members
DONNA G. CALLAWAY
DR. AKSHAY DESAI
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
Contact Information:
KATHLEEN SHANAHAN
Peggy L. Primicerio
LINDA K. TAYLOR
(850) 245-0734
peggy.primicerio@fldoe.org
Jessie McKinney Simmons
(850) 245-0682
jessie.simmons@fldoe.org
K12: 2008-83
MEMORANDUM
TO:
Directors, Title II, Teacher and Principal Training and Recruiting Fund
Directors, Title I, Improving the Academic Achievement of the Disadvantaged
FROM:
Kathryn S. Hebda, Bureau of Educator Recruitment, Development and Retention
Mary Jo Butler, Bureau of Student Assistance
DATE:
June 5, 2008
SUBJECT:
Technical Assistance for Implementing Title II, Teacher and Principal Training and
Recruiting Fund, Section 2141 – Hiring of Additional Paraprofessionals
Department staff are working together to provide technical assistance regarding implementation of the
Title II, Teacher and Principal Training and Recruiting Fund, section 2141. This section of the No Child
Left Behind Act applies to Local Educational Agencies (LEAs) that are under sanctions for failing to
meet either adequate yearly progress or the annual measurable objectives for the percentage of classes
taught by highly qualified teachers during one of the three prior school years. LEAs under this sanction
are notified when the Department releases the application for federal entitlement funding that they are
required (a) to develop a plan approved by the Department for getting all teachers highly qualified and (b)
are restricted from hiring additional paraprofessionals using Title I funds. The plan that LEAs are
required to develop with strategies for getting teachers highly qualified is approved annually through the
Title II (or consolidated) application process.
BUREAU OF EDUCATOR RECRUITMENT, DEVELOPMENT AND RETENTION
325 W. Gaines Street • Suite 124 • Tallahassee, FL 32399-0400 • (850) 245-0435
Section 2141 Technical Assistance
June 5, 2008
Page 2
This memorandum is to announce revised processes and technical assistance focusing on the restrictions
for hiring additional paraprofessionals using Title I funds. We have updated the attached section 2141
Frequently Asked Questions (FAQs) document, posted at http://www.fldoe.org/profdev/titleii.asp, to
include answers to additional questions received from district staff specifically related to this issue. In
addition, to streamline the distribution and monitoring of these funds, the Department has revised the
process for LEAs, sanctioned under section 2141, to submit documentation to hire additional
paraprofessionals. LEAs planning to hire new paraprofessionals during the school year should submit
their documentation for eligibility at the time of applying for federal entitlement funds. A sanctioned
LEA that is not planning to hire new paraprofessionals, but that finds this necessary during the course of
the school year, should submit appropriate documentation to the Department as soon as the LEA
recognizes such a need. In both cases, the method for submitting this documentation is thoroughly
discussed in the revised FAQs document attached.
The review and approval of documentation will be coordinated among the Department’s Title I and
Title II staff during the 2008-09 application process to ensure LEAs receive the assistance needed. If you
have questions, please do not hesitate to contact us using the information on the first page of this
memorandum.
KSH/MJB/plp
Attachments
FLORIDA DEPARTMENT OF EDUCATION
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SECTION 2141 RESTRICTIONS ON HIRING NEW PARAPROFESSIONALS
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FREQUENTLY ASKED QUESTIONS
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Revised June 2007
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For further answers to possible questions regarding the implementation of 2141, please review the
Title I Paraprofessional Non-Regulatory Guidance posted at
http://www.fldoe.org/profdev/titleii.asp or call your program contact.
1.
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What are the provisions of section 2141 related to hiring new paraprofessionals with Title I
funds?
Section 2141 states that Local Educational Agencies (LEAs) that have:
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failed to make progress toward meeting the annual measurable objectives described in section
1119(a)(2); and
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failed to make adequate yearly progress, as described under section 1111(b)(2)(B), for three
consecutive years cannot use Title I funds to hire new paraprofessionals.
2.
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Once the LEA has restrictions under 2141, how long do the sanctions apply?
Once sanctions apply to an LEA, the LEA remains under the sanctions until the LEA either has 100
percent of the teachers highly qualified or achieves adequate yearly progress.
3.
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Are there exceptions to the restrictions for hiring additional paraprofessionals?
Yes. If one or more of the following conditions can be documented, LEAs may hire additional
paraprofessionals.
1.
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The LEA can demonstrate that the hiring is to fill a vacancy created by the departure of another
paraprofessional funded under Title I;
2.
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The LEA can demonstrate that a significant influx of population has substantially increased
student enrollment;
3.
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The LEA can demonstrate that there is an increased need for translators; or
4.
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The LEA can demonstrate that there is an increased need for assistance with parental involvement
activities.
4.
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What school year is used to determine the total number of Title I paraprofessionals the LEA
may employ?
The year preceding the sanctions is used to determine the number of paraprofessional positions. For
example, if the LEA did not meet the requirements in 2006-07, sanctions would have been in effect in
2007-08. Therefore, the 2006-07 school year establishes the number of paraprofessional positions and
the LEA would have developed a plan with strategies for getting all teachers highly qualified within
the 2007-08 Title II application. Please refer to the attached chart.
5.
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If an LEA wants to use Title I funds to hire additional paraprofessionals, must the agency
submit documentation?
Yes. Documentation needs to be submitted prior to the approval of the 2008-09 application.
6.
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What documentation is necessary to demonstrate a "significant influx of population"?
Documentation that would support a significant influx may include, but is not limited to, comparison
of enrollment rosters from the previous year to the current year or a comparison of enrollment data
from surveys 2, 3, or 5 from the previous year to the current year.
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FLORIDA DEPARTMENT OF EDUCATION
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SECTION 2141 RESTRICTIONS ON HIRING NEW PARAPROFESSIONALS
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FREQUENTLY ASKED QUESTIONS
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Revised June 2007
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7.
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What documentation is necessary to demonstrate an "increased need for translators"?
Documentation may include, but is not limited to, comparison data from the previous year to the
current year that demonstrates an increase in the number of non-native English speakers.
8.
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What documentation is necessary to demonstrate an "increased need for assistance with
parental involvement"?
Revisions to the LEA or school parent involvement policies, plans, or survey data that document a
need for additional facilitators to support an increased need for assistance with parent involvement
activities. Such documentation must be provided to show an increased need for parent involvement
facilitators at school sites based on new or newly expanded parent involvement activities and revisions
to the current parent involvement program. In addition, a newly created district- or school-level
parent involvement center may indicate an increased need for parent involvement facilitators.
9.
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Does the LEA have to submit documentation if Title I funds are used to fill a vacancy created by
a paraprofessional departing the position?
No, these documents will be reviewed through the federal monitoring system conducted annually.
The suggested documentation for hiring additional paraprofessionals is a comprehensive list of the
paraprofessionals paid with Title I funds from the preceding year and another list to show the
proposed current year to verify that a vacancy was filled. For verification of filling vacancies, refer to
the attached chart to see which year the LEA must use to establish the number of positions.
10. How is compliance monitored?
Adherence to Section 2141 compliance will be monitored under Title II through the established
federal monitoring system.
11. Can Title I funds be used to hire new paraprofessionals in newly opened or newly designated
Title I schools?
Yes. If a new paraprofessional position is created in a newly opened or designated Title I school, the
LEA would be able to fill that position if the LEA met the criteria. The LEA may hire additional
paraprofessionals if documentation provided is approved for one or more of the exceptions listed in
question three.
12. If, after consultation with a private school, the private school would like to have a part-time
paraprofessional provide instructional support services, may Title I funds be used to hire such
an individual?
Yes, if the hiring is to fill a vacancy or meet one or more of the exceptions addressed in above
question three.
13. What if an LEA encounters the need to hire an additional paraprofessional(s) during the course
of the school year after the 2008-09 application has been approved?
If, at the time of annual application submission, the LEA does not have the need to hire additional
paraprofessionals, but discovers the need later in the school year, the LEA may submit documentation
for review.
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FLORIDA DEPARTMENT OF EDUCATION
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SECTION 2141 RESTRICTIONS ON HIRING NEW PARAPROFESSIONALS
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FREQUENTLY ASKED QUESTIONS
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Revised June 2007
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14. If an LEA plans to hire additional paraprofessionals under one or more of the exceptions, how
should the LEA submit the documentation?
LEAs that plan to hire additional paraprofessionals must submit verification documents via email, fax
or hard copy to Peggy Primicerio. The review and approval of documents will be coordinated
between the bureaus during the 2008-09 application process. Please submit to:
Peggy L. Primicerio
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Florida Department of Education
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325 West Gaines Street, Suite 126
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Tallahassee, Florida 32399-0400
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peggy.primicerio@fldoe.org
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850-245-0734 Fax: 850-245-0543
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15. Are there requirements for the qualifications of paraprofessionals that are not funded through
Title I?
Yes, regardless of funding source, if a paraprofessional is hired in a Title I schoolwide school, the
paraprofessional must be highly qualified. In addition, if a paraprofessional is hired in a Title I
targeted assistance school and offers instruction to Title I students, the paraprofessional must be
highly qualified.
16. Can an LEA still use federal funds to provide professional development activities for
paraprofessionals to improve knowledge and classroom practices and/or to help them become
highly qualified teachers?
Yes. Both Title I and Title II funds can be used to provide professional development to
paraprofessionals to improve their knowledge and classroom practices. Further, if paraprofessionals
aspire to become highly qualified teachers, it is allowable to fund activities under Titles I and II that
help meet this goal.
17. Can a school hire additional part-time teachers to work with small groups, provided that the
teacher meets highly qualified requirements?
Yes, the restriction under 2141 do not apply to the hiring of new, highly qualified teachers.
For further answers to possible questions regarding the implementation of 2141, please review the
Title I Paraprofessional Non-Regulatory Guidance posted at
http://www.fldoe.org/profdev/titleii.asp or call your program contact.
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