Guidelines for Determining a Student with a Disability's Need for a One-to-One Aide
The purpose of this memorandum is to provide guidance to assist Committees on Preschool Special Education (CPSEs) and Committees on Special Education (CSEs) in determining a student with a disability’s need for a one-to-one aide. A recommendation for an individual aide is a significant programmatic decision and one that should only be made after a comprehensive discussion of other options considered and clear documentation of as to why those options are not appropriate. While, some students may temporarily need the support of a one-to-one aide to receive a free appropriate public education1, for other students, the assignment of a one-to-one aide may be unnecessarily and inappropriately restrictive. Footnote references have been provided to examples of legal decisions relating to the use of one-to-one aides.
A goal for all students with disabilities is to promote and maximize independence. CPSEs/CSEs are responsible for developing and implementing individualized education programs (IEPs) that promote such independence. When a CPSE or CSE determines that a student needs a one-to-one aide, it should always be considered a time-limited recommendation and specific conditions/goals must be established to fade the use of the one-to-one aide.2
One-to-one aides may not be used as a substitute for certified, qualified teachers for an individual student or as a substitute for an appropriately developed and implemented behavioral intervention plan or as the primary staff member responsible for implementation of a behavioral intervention plan. While a teaching assistant may assist in related instructional work, primary instruction must be provided to the student by a . A teacher aide may assist in the implementation of a behavioral intervention plan, but may not provide instructional services to a student.
1 P.K. and T.K. ex rel. S.K. v. New York City Dep't of Educ., (E.D.N.Y. 08/11/11)
2 Killeen Independent School District, 39 IDELR 21 (SEA TX)
To ensure dissemination to appropriate individuals within a school district, I ask Superintendents to please share this memorandum with individuals such as Directors of Special Education, School Psychologists, CSE and CPSE Chairpersons, Guidance Counselors and Directors of Pupil Personnel and Parent Teacher Associations. Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878 or yourÌýSpecial Education Quality Assurance Regional Office.