To amend the Elementary and Secondary Education Act of 1965 regarding the rigorous standard of quality applicable to paraprofessionals hired before the date of enactment of the No Child Left Behind Act of 2001, and for other purposes.

June 5, 2003

Mr. DUNCAN introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend the Elementary and Secondary Education Act of 1965 regarding the rigorous standard of quality applicable to paraprofessionals hired before the date of enactment of the No Child Left Behind Act of 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `American ParaProfessional Learning Equity Act of 2003'.

SEC. 2. RIGOROUS STANDARD OF QUALITY FOR EXISTING PARAPROFESSIONALS.

Subsection (d) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended to read as follows:

`(d) EXISTING PARAPROFESSIONALS-

`(1) IN GENERAL- Each local educational agency receiving assistance under this part shall ensure that by not later than January 8, 2006, all paraprofessionals hired before January 8, 2002, and working in a program supported with funds under this part, shall have--

`(A) satisfied paragraph (1) or (2) of subsection (c); or

`(B) met a rigorous standard of quality as demonstrated through an evaluation (conducted in accordance with procedures and criteria developed under paragraph (2)) of each such paraprofessional's--

`(i) performance of job duties that occur in the presence of students; and

`(ii) knowledge of, and ability to assist in, instructing reading, writing, and mathematics (or reading readiness, writing readiness, and mathematics readiness, as applicable) at the grade level of the students to be instructed.

`(2) PROCEDURES AND CRITERIA- Not later than January 8, 2005, each State educational agency receiving assistance under this part shall develop procedures and criteria for an evaluation described in paragraph (1)(B). Such procedures and criteria shall include the following:

`(A) Each evaluation of a paraprofessional working in a local educational agency must be conducted by an employee of a different local educational agency or of the State educational agency.

`(B) Each employee who conducts an evaluation must be trained or approved by the State educational agency.'.

END