Section 14.105. Personnel

(a) Paraprofessionals.

(1) An instructional paraprofessional is a school employee who works under the direction of a certificated staff member to support and assist in providing instructional programs and services to children with disabilities or eligible young children. The support and assistance includes one-on-one or group review of material taught by certificated staff, classroom management and implementation of positive behavior support plans. Services may be provided in a special education class, regular education class or other instructional setting as provided in the student’s IEP. Instructional paraprofessionals shall meet one of the following qualifications effective July 1, 2010:

(i) Have completed at least 2 years of postsecondary study.

(ii) Possess an associate degree or higher.

(iii) Meet a rigorous standard of quality as demonstrated through a State or local assessment.

(2) Nothing in subsection (a) should be construed to supersede the terms of a collective bargaining agreement in effect on July 1, 2008.

(3) Instructional paraprofessionals, each school year, shall provide evidence of 20 hours of staff development activities related to their assignment.

(4) A personal care assistant provides one-to-one support and assistance to a student, including support and assistance in the use of medical equipment (for example, augmentative communication devices; activities of daily living; and monitoring health and behavior). A personal care assistant may provide support to more than one student, but not at the same time. Personal care assistants shall provide evidence of 20 hours of staff development activities related to their assignment each school year. The 20 hours of training may include training required by the school-based access program.

(b) Educational interpreters. An educational interpreter is an individual who provides students who are deaf or hard of hearing with interpreting or transliterating services in an educational setting.

(1) To serve as an educational interpreter, an individual shall meet the qualifications in subparagraph (i) or (ii) and subparagraph (iii):

(i) Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment (EIPA) for the appropriate grade level to which the person has been assigned.

(ii) Be a qualified sign language interpreter or qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act (63 P. S. § § 1725.1—1725.12) and its implementing regulations.

(iii) Provide evidence of a minimum of 20 hours of staff development activities relating to interpreting or transliterating services annually.

(2) The Board, in consultation with the Department, will review the EIPA score requirement every 2 years.

(c) Caseload.

(1) The following words and terms, when used in this subsection, have the following meanings, unless the context clearly indicates otherwise:

(i) Full-time. Special education supports and services provided by special education personnel for 80% or more of the school day.

(ii) Itinerant. Special education supports and services provided by special education personnel for 20% or less of the school day.

(iii) Supplemental. Special education supports and services provided by special education personnel for more than 20% but less than 80% of the school day.

(2) The following chart represents the maximum number of students allowed on a teacher’s caseload:

	Itinerant (20% or Less)	Supplemental (Less Than 80% but More Than 20%)	Full-Time (80% or More)
Learning Support	50	20	12
Life Skills Support	20	20	12 (Grades K-6) 15 (Grades 7-12)
Emotional Support	50	20	12
Deaf And Hearing Impaired Support	50	15	8
Blind And Visually Impaired Support	50	15	12
Speech And Language Support	65		8
Physical Support	50	15	12
Autistic Support	12	8	8
Multiple Disabilities Support	12	8	8

(3) Each student with a disability shall be assigned to a special education teacher’s caseload.

(4) A school district may request approval for a caseload chart that varies from that in paragraph (2) as part of its special education plan consistent with § 14.104 (relating to special education plans). The caseload and supporting documents submitted must:

(i) Ensure the ability of assigned staff to provide the services required in each student’s IEP.

(ii) Apply to special education classes operated in the school district.

(iii) Provide a justification for why the chart deviates from the caseload chart in paragraph (2).

(iv) Describe the opportunities for parents, teachers and other interested parties to review and comment on the chart prior to its submission. The district shall provide and include a copy of the notice to the public indicating the district intends to request a waiver of caseload regulations and a description of how parents, teachers and other interested parties were provided opportunities to give comment on the waiver request.

(5) Classes or programs with students from more than one district, regardless of whether operated by a school district, intermediate unit or agency, shall follow the caseload chart of the district where the class or program is located. Intermediate unit services provided to multiple districts must follow the caseload chart under paragraph (2).

(6) Caseloads are not applicable to approved private schools or to chartered schools for the deaf and blind.

(7) The Department may withdraw approval of variance in the caseload chart for a school district if its caseload is determined to be inadequate. The Department will consider at least the following indicators when making the determination:

(i) Graduation rates of students with a disability.

(ii) Drop-out rates of students with a disability.

(iii) Postsecondary transition of students with a disability.

(iv) Rate of grade level retentions.

(v) Statewide and district-wide assessment results as prescribed by § § 4.51 and 4.52 (relating to State assessment system; and local assessment system).

The provisions of this § 14.105 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

Notation

Authority

The provisions of this § 14.105 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

Cross References

This section cited in 22 Pa. Code § 14.131 (relating to IEP); and 34 Pa. Code § 501.5 (relating to exemptions).