File No. 36205
This rule was published in the June 1, 2012, issue (Vol. 2012, No. 11) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 36205
Filed: 05/15/2012 03:28:29 PM
Purpose of the rule or reason for the change:
This rule is amended to update language in response to S.B. 81, Paraeducator Funding, 2012 Legislative General Session.
Summary of the rule or change:
Changes include which Title I schools are eligible for funds to hire additional paraprofessionals, the allocation of those funds, and annual reporting requirements for schools that accept the funding.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-402(1)(a)(i)
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. Legislative funding is provided to qualified schools to hire paraeducators.
There is no anticipated cost or savings to local government. Legislative funding is provided to qualified schools to hire paraeducators.
There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Legislative funding is provided to qualified public schools to hire paraeducators.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Legislative funding is provided to qualified schools to hire paraeducators.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-524. Paraprofessional Qualifications.
A]. "Core academic subjects or areas" means
English, reading or language arts, mathematics, science, foreign
languages, civics and government, economics, arts, history, and
geography under the Elementary and Secondary Education Act (ESEA),
also known as the No Child Left Behind Act (NCLB).
B]. "Direct supervision of a licensed teacher"
(1) the teacher prepares the lesson and plans the instruction support activities the paraprofessional carries out, and the teacher evaluates the achievement of the students with whom the paraprofessional works; and
(2) the paraprofessional works in close and frequent proximity with the teacher.
C]. "No Child Left Behind (NCLB)" means the federal
law under the Elementary and Secondary Education Act, Title IX,
Part A, 20 U.S.C. 7801.
means an individual who works
under the supervision of a teacher or other licensed/certificated
professional who has identified responsibilities in the public
R277-524-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which gives the Board authority to adopt rules in accordance with its responsibilities, Section 53A-1-402(1)(a)(i)which requires the Board to establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services, and NCLB, P.L. 107-110, Title 1, Sec, 1119 which requires that each local education agency receiving assistance under this part shall ensure that all paraprofessionals shall be appropriately qualified.
B. The purpose of this rule is to designate appropriate assignments of paraprofessionals and qualifications for paraprofessionals hired before and after January 6, 2002 consistent with NCLB requirements.
KEY: paraprofessional qualifications, NCLB
Date of Enactment or Last Substantive Amendment: [
February 5, 2004]
Notice of Continuation: January 5, 2009
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
); P.L. 107-110, Title 1, Sec. 1119
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.