1. (a) Definitions. As used in this subpart:

   1. (1) “ADE” means the Arkansas Department of Education;
   2. (2) “Direct supervision” means on-site observation and guidance provided by a supervising early childhood special education teacher while an assigned instructional activity is performed by an assistant or aide;
   3. (3) “Early childhood special education aide” means an individual with a high school diploma/equivalent (GED) and on-the-job training who performs tasks as prescribed, directed, and supervised by the supervising early childhood special education teacher certified/licensed by the Division of Elementary and Secondary Education;
   4. (4) “Early childhood special education assistant” means an individual with a bachelor’s degree who, following academic and on-the-job training, performs tasks prescribed, directed, and supervised by the supervising early childhood special education teacher certified/licensed by the Division of Elementary and Secondary Education;

   5. (5) “Indirect supervision” means those activities other than direct observation and guidance conducted by a supervising early childhood special education teacher that may include:

      1. (A) Consultation;
      2. (B) Demonstration;
      3. (C) Record review;
      4. (D) Review and evaluation of audiotaped or videotaped sessions; and/or
      5. (E) Interactive television sessions;
   6. (6) “Paraprofessional” has the meaning given in 6 CAR § 130-237, which includes early childhood special education assistants and aides;
   7. (7) “Qualified evaluator”, see 6 CAR § 130-243;
   8. (8) “Related services providers”. Individuals providing related services must be appropriately licensed/certified by either the Division of Elementary and Secondary Education or other licensure board governing the scope of practice of the individual; and
   9. (9) “Supervising early childhood special education teacher” means an individual who holds a valid teaching certificate/license in Early Childhood Special Education issued by the Division of Elementary and Secondary Education, or an individual who holds a valid teaching certificate/license issued by the Division of Elementary and Secondary Education and an additional licensure plan approved by the Division of Elementary and Secondary Education to obtain certification/licensure in early childhood special education and who has responsibility for the supervision of assistants/aides.

2. (b) Scope of responsibilities of early childhood special education providers.

   1. (1) Supervising early childhood special education teacher.

      1. (A)

3. (i) The supervising early childhood special education teacher may delegate specific tasks to the assistant and/or aide.

   1. (ii) However, responsibility to the child for all services provided or omitted cannot be delegated.

      1. (iii) It remains the full responsibility of the supervising early childhood special education teacher to ensure that the child’s IEP is implemented.

      2. (B) Scope of responsibilities includes:

         1. (i) Institute and document a training program for each assistant/aide, encompassing all the procedures to be performed;
         2. (ii) Inform the parent or legal guardian about the use of an assistant/aide;
         3. (iii) Provide and document appropriate supervision of the assistant/aide in accordance with established guidelines;
         4. (iv) Perform evaluation;
         5. (v) Complete due process;
         6. (vi) Attend all conferences for children for whom the teacher is responsible;
         7. (vii) Write and modify individualized education programs developed in accordance with 6 CAR § 130-801 et seq., and 6 CAR § 130-901 et seq.;
         8. (viii) Develop lesson plans with the input of the assistant/aide;
         9. (ix) Review and sign progress notes;
         10. (x) Have direct contact with the child and family;
         11. (xi) Delegate appropriate tasks;
         12. (xii) Discuss and/or refer to other professionals, agencies, and/or services;
         13. (xiii) Provide ongoing training for the assistant/aide; and
         14. (xiv) Develop schedules with the assistant/aide.

   2. (2) Early childhood special education assistant/aide.

      1. (A) Although the general duties of the assistant and aide are the same, the aide will require a higher level of supervision.

      2. (B) Provided that the training, supervision, documentation, and planning are appropriate, the following tasks may be delegated to an early childhood special education assistant/aide:

         1. (i) Conduct screening following specified screening protocols;
         2. (ii) Provide direct follow-up instruction following approved lesson plans developed by the supervising early childhood special education teacher;
         3. (iii) Document the provision of services and results;
         4. (iv) Attend conferences as necessary;
         5. (v) Assist in the programming assessment (i.e., conduct programming assessments specified by protocols);
         6. (vi) Prepare materials and perform other support services as directed;
         7. (vii) Work with the supervising early childhood special education teacher to develop lesson plans;
         8. (viii) Communicate with parent/primary caregiver, Head Start staff, private preschool/day care staff, and/or other service providers regarding activities;
         9. (ix) Make referral or recommendations for additional services or programming to the supervising teacher; and
         10. (x) Perform other duties as assigned.

      3. (C) An early childhood special education assistant/aide may not:

         1. (i) Perform standardized or nonstandardized diagnostic tests, formal or informal evaluation for eligibility, or interpret test results;
         2. (ii) Conduct parent conferences;
         3. (iii) Write, develop, or modify a child’s IEP;
         4. (iv) Assist with children without following the IEP as prepared by the IEP team;
         5. (v) Select a child for services;
         6. (vi) Dismiss a child from services;
         7. (vii) Disclose confidential information either orally or in writing to anyone without being designated to do so by a supervisor; and
         8. (viii) Represent himself or herself as a certified/licensed early childhood special education teacher.
         9. (c) Qualifications of early childhood special education providers.

   3. (1) Supervising early childhood special education teacher is an individual who meets one (1) of the following criteria:

      1. (A) Holds a valid teaching certificate/license in early childhood special education issued by the division; or
      2. (B) Holds a valid teaching certificate/license issued by the division and has an additional licensure plan approved by the division to obtain early childhood special education certification/licensure.

   4. (2) Early childhood special education assistant must:

      1. (A) Complete a minimum of a bachelor’s degree in early childhood special education or a related field, which includes but is not limited to:

         1. (i) Child development;
         2. (ii) Home economics with emphasis in child development;
         3. (iii) Elementary education;
         4. (iv) Speech-language pathology;
         5. (v) Psychology; or
         6. (vi) Education of the sensory impaired;
      2. (B) Complete the Core and Early Childhood components of the division’s Special Education Paraprofessional Training within one (1) year of employment; and
      3. (C) Obtain, in subsequent years of employment, six (6) clock hours of continuing education/in-service training annually pertaining to the designated duties of the early childhood special education assistant.

   5. (3) Early childhood special education aide must:

      1. (A) Hold a high school diploma or its equivalent (GED);
      2. (B) Complete the Core and Early Childhood components of the division’s Special Education Paraprofessional Training within one (1) year of employment; and
      3. (C) Obtain, in subsequent years of employment, six (6) clock hours of continuing education/in-service training annually pertaining to the designated duties of the early childhood special education aide.

Codification Notes: “GED” means general educational development.