Paraprofessionals are some of the most important people in a school building. They show up every day, work directly with students, and often become the person a child trusts the most. Karen Mayer Cunningham has said it plainly: paraprofessionals changed her own son’s life. They change the lives of students in classrooms across the country every single day.

But here’s where it gets complicated — and where too many schools are getting it wrong.

Paraprofessionals are not teachers. They are not licensed to deliver specially designed instruction. They are not credentialed to implement the full scope of an IEP independently. And yet, in school after school, that is exactly what is happening.

Why This Matters Right Now

Across the country, school districts are placing paraprofessionals in roles they are not licensed to fill. A special education teacher is listed on the IEP as the service provider, but when you ask how many minutes per week that teacher actually sees the student, the answer is sometimes zero. The general education teacher becomes a de facto special education teacher. The paraprofessional becomes the primary implementer of the IEP. Neither of those things is legally accurate — and neither serves the student the way the law intended.

This existed before the pandemic. After the pandemic, it has gone everywhere. Schools are short-staffed, budgets are tight, and the people paying the price are students with disabilities who are legally entitled to services delivered by qualified, credentialed educators.

What Is a Paraprofessional?

A paraprofessional — also called a paraeducator, instructional aide, teaching assistant, or TA depending on the state — is a school employee who provides support under the direction and supervision of a licensed teacher. Paraprofessionals serve both general education and special education classrooms, and their role is defined under federal law.

The legal framework for paraprofessionals was established under No Child Left Behind (NCLB) in 2001 and continued under the Every Student Succeeds Act (ESSA). Both laws outline what paraprofessionals can do, what their qualifications must be, and how they must be supervised. Additionally, each state has its own requirements, which may add to — but cannot reduce — the federal standard.

Under IDEA §300.156, special education services must be delivered by personnel who meet the qualifications established by the state for highly qualified teachers. A paraprofessional, no matter how skilled or dedicated, does not meet that standard unless and until they complete the credentialing process.

What Paraprofessionals Can Do

Paraprofessionals provide critical support to teachers and students. Their role includes assisting with instruction that has been planned and designed by the licensed teacher, helping students with daily routines and transitions, supporting behavior plans under teacher direction, providing one-on-one or small group reinforcement of skills already taught by the teacher, assisting with accommodations and modifications outlined in the IEP, helping with personal care needs, and collecting data as directed by the supervising teacher.

Paraprofessionals are a support system. They extend the reach of the teacher. They do not replace the teacher.

What Paraprofessionals Cannot Do

A paraprofessional cannot independently deliver specially designed instruction. They cannot be the sole implementer of IEP goals. They cannot serve as the replacement for a credentialed special education teacher in the classroom. They cannot make instructional decisions about a student’s program. And they cannot be left to manage a special education caseload without direct, ongoing supervision from a licensed teacher.

One of the clearest ways to know whether this line has been crossed: if the special education teacher listed on the IEP never sees the student in the instructional setting, the service minutes are not being delivered as written. A paraprofessional in the room does not equal a special education teacher delivering services.

The Direct Supervision Requirement

Federal law requires that paraprofessionals work under direct supervision of a licensed teacher. Direct supervision is not a suggestion — it is a legal threshold. Under NCLB and continued in ESSA, that threshold is met through close proximity and frequent contact.

What does that actually look like? It means the supervising teacher is regularly present in the instructional setting. It means the paraprofessional is replicating — with limitations — what the teacher has modeled and directed. It means the teacher is planning the instruction, the paraprofessional is supporting its delivery, and there is ongoing communication between them about the student’s progress.

What it does not look like: a paraprofessional running a classroom alone five days a week while the case manager handles paperwork in another building. A paraprofessional seeing the supervising teacher once a week — or never. A paraprofessional being the only adult implementing IEP goals with no credentialed educator involved in the delivery.

If that is what’s happening at your child’s school, the direct supervision requirement is not being met.

Why Schools Get This Wrong

Most of the time, this is not about bad people. It is about a system under pressure. School districts face staffing shortages, budget constraints, and growing caseloads. When a special education teacher position goes unfilled, someone still has to be in the room with the students. That person is often the paraprofessional.

The problem is that districts are posting positions that legally require a credentialed teacher, then filling them with individuals who are not currently credentialed for that role. When families ask about it in IEP meetings, they are often met with a room full of administrators — the principal, the special education director, sometimes even the district attorney — who will log on and say they don’t see a problem.

The law is not ambiguous on this point. IDEA §300.156 requires that special education services be delivered by personnel who are highly qualified as defined by the state. Districts may be doing their best with what they have, but staffing constraints do not change the legal requirement.

What Every State Requires — And Why You Need to Know Your State’s Law

Federal law sets the floor. Every state can raise that standard but cannot lower it. That means the qualifications, duties, and supervision requirements for paraprofessionals vary from state to state. What is required in Texas may look different from what is required in Ohio, California, or New York.

This is one of the biggest reasons families and educators get stuck in circular arguments with their districts. The school says “we don’t do that here.” The parent doesn’t have the state statute in front of them to push back. The conversation stalls — and the student loses.

Knowing your state’s specific paraprofessional requirements is not optional if you are sitting at the IEP table. It is the difference between accepting what you’re told and knowing what the law actually says.

Common Situations Parents and Advocates Should Watch For

What Parents and Advocates Should Do

Ask the question directly in the IEP meeting. Karen recommends asking the case manager: “You are listed as the service provider on this IEP. How many minutes per week do you see my child in reading class? In math class?” If the answer is “never” or “rarely,” you have a problem that needs to be addressed — and documented.

Request clarity on who is delivering service minutes attached to goals. If a paraprofessional is the only person implementing instruction on an IEP goal, the service is not being delivered by a credentialed educator as required under IDEA.

Know your state’s paraprofessional requirements. Federal law provides the foundation, but your state statute will tell you exactly what is required for supervision, qualifications, and duties in your district.

Document everything. If you identify a concern, put it in writing. Email the principal, the case manager, and the special education director. State the concern clearly and request an IEP meeting to address it.

What Educators Should Do

If you are a teacher and you see that a paraprofessional is being placed in a role that exceeds their qualifications, document it. Reach out to your principal in writing and state the concern: this student has IEP service minutes that require a credentialed special education teacher, and those minutes are currently being delivered by a paraprofessional without direct supervision.

Protect yourself by putting it in writing. Teachers do not hire or fire staff. Teachers do not control building-level staffing decisions. But teachers do have a professional and legal obligation to flag when services are not being delivered as written in the IEP. If leadership later claims they didn’t know, your documentation proves otherwise.

The Resource That Ends the Argument

Karen wrote The Epic IEP™: PARA so that the arguing and the shenanigans stop. The book covers the full history and legal framework for paraprofessionals — from the Elementary and Secondary Education Act of 1965 through No Child Left Behind, the Every Student Succeeds Act, and IDEA. It outlines duties, responsibilities, and limitations in plain language. And it includes the paraprofessional requirements for all 50 states and the District of Columbia, organized alphabetically with direct references to each state’s department of education.

If you have ever been in a meeting where someone said “we don’t do that in our state” — this book gives you the answer. If you are an educator who wants to understand your rights and the rights of the paraprofessionals on your team — this book is for you. If you are a parent or advocate who needs to know whether the services on your child’s IEP are actually being delivered by a qualified person — this is the resource.

Get The Epic IEP™: PARA →

Also available: The Epic IEP™ — the national bestseller that started it all — and The Epic IEP™ Guide to Federal and State Law for Special Education, which crosswalks federal law with all 50 state statutes.

Watch the Full Episode

This blog post was developed from a live Q&A training session with Karen Mayer Cunningham. Watch the full episode for additional questions on reading levels, ESY, raw data, due process, and more.

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“When we get it right for the child, we get it right for everybody.”

— Karen Mayer Cunningham

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This content is educational in nature. It is not legal advice and does not constitute legal representation.