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What are the legal parameters for classroom instruction utilizing paraprofessionals?

What are the legal parameters for classroom instruction utilizing paraprofessionals?

The administrative rule adopted by the Board of Public Education in relation to Instructional Aides/Paras is set forth below. A school district may also have policies that deal with this issue.

Legal Division
Office of Public Instruction
Helena MT
406.444-4402

10.55.715 INSTRUCTIONAL AIDES: QUALIFICATIONS AND SUPERVISION (1) Instructional aides need not be certified; however, the following supervision is required: (a) Instructional aides assigned due to classroom size or diversity shall be under the direct supervision of a certified teacher. This means that the aide shall be supervised by a certified teacher who is responsible for instruction and assessment of students. The supervising teacher shall be available while the aide is fulfilling his/her responsibilities and shall not be simultaneously assigned to another teaching duty or preparation time. (b) Instructional aides assigned to assist students with special education needs shall be under the supervision of the teacher or other professional designated as primarily responsible for instructional planning for the student. The designated professional has the responsibility to provide regularly scheduled communication and direction to the instructional aide and not to delegate any activity to the instructional aide that requires professional skill, knowledge and judgment. (c) Instructional aides assigned to assist students in gaining specialized knowledge not generally available from a properly endorsed teacher shall be supervised by a teacher certified at the proper level. The supervising teacher is responsible for instruction and assessment of students and shall not be simultaneously assigned to another teaching duty or preparation time. (History: 20-2-114, MCA; IMP, 20 2 121, MCA; NEW, 2000 MAR p. 3340, Eff. 12/8/00.)


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Last Updated
3rd of February, 2010

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