Paraprofessional and 1:1 Aide in a New Hampshire IEP: Rights and Limits

Few IEP requests generate more friction in New Hampshire school districts than a 1:1 paraprofessional. Districts often resist because of cost — a dedicated aide for a single student represents a significant ongoing budget commitment, particularly in smaller SAUs where a single high-need student can shift the entire special education budget.

What parents often don't know is that New Hampshire's Ed 1113 sets specific rules about what paraprofessionals can and cannot do — rules that cut both ways. Understanding them gives you a clearer picture of when to push for an aide, what to insist on when you get one, and what to do when the district substitutes an unqualified person and calls it support.

When Is a 1:1 Aide Appropriate?

A 1:1 paraprofessional is appropriate when the IEP team determines that the child needs this level of support to access their educational program safely and effectively. There is no single disability category that automatically qualifies a child — the determination is individualized.

Common situations where a 1:1 is often appropriate include:

• A child with autism whose behavioral needs require consistent, trained adult support throughout the school day
• A child with significant physical or health impairments requiring personal care assistance
• A child with severe anxiety or emotional dysregulation who needs a trusted adult to implement a Behavioral Intervention Plan consistently
• A child who engages in self-injurious behavior or elopement that poses safety risks

The fact that a child has challenging behavior does not automatically mean a 1:1 is appropriate — the IEP team must assess whether the specific level of support is needed, or whether environmental modifications, behavioral programming, or smaller group settings would be more effective. But the reverse is also true: the fact that a 1:1 is expensive does not mean the team can decline it when the child's safety and access to education require it.

How to Request a Paraprofessional in Writing

Before or at the IEP meeting, submit a written request for a paraprofessional. In that request, describe specifically why you believe your child needs this level of support and what would happen without it. Reference any behavioral data, incident reports, or private evaluations that support the need.

At the IEP meeting, if the team declines to include a 1:1 paraprofessional, demand a Written Prior Notice under Ed 1120. That WPN must explain:

• What the team is refusing and why
• What data it relied on (incident logs, behavioral assessments, classroom observations)
• What alternatives the team considered and why they were rejected

A WPN that says "the team does not feel a 1:1 is necessary" without data is inadequate. Push back with a written follow-up citing the specific data gaps. If the district has not conducted a Functional Behavioral Assessment, that is a significant gap — and may be grounds to demand one before the team can make an informed decision.

What Ed 1113 Says About What Paraprofessionals Can Do

New Hampshire's Ed 1113.12 sets the rules for paraprofessional personnel in special education, and they are specific. Under these rules, paraprofessionals:

• Must work under the direct supervision of a certified special education teacher
• Cannot independently design instructional programs or behavioral interventions
• Cannot evaluate the effectiveness of instruction
• Cannot assume the role of the primary instructor
• Cannot make IEP decisions independently

This matters because districts sometimes use paraprofessionals to substitute for the work of certified special education teachers. If your child is supposed to receive 45 minutes of specially designed reading instruction from a certified special education teacher, but that instruction is consistently delivered by a paraprofessional working alone because the teacher is managing other students, that is a compliance problem.

Paraprofessionals provide valuable support — personal care, behavioral consistency, reinforcement of instruction — but they are legally barred from replacing the work of the certified professional who should be delivering specialized instruction.

The Substitution Problem: When Aides Replace Therapists

One of the most common violations in New Hampshire relates to speech-language services. Due to SLP shortages, some districts have paraprofessionals delivering what are labeled "speech activities" — drills, repetition, practice — while the SLP supervises from afar or checks in periodically.

Under New Hampshire's rules, speech-language pathology services must be delivered by a licensed SLP or a certified SLP assistant working under direct SLP supervision, in accordance with state licensing requirements. A paraprofessional delivering speech activities on behalf of a missing SLP is not providing the related service the IEP specifies.

If you suspect this is happening, request service delivery logs and ask who is physically present during each service session. If the answer is a paraprofessional rather than the SLP, you are owed a written explanation and likely compensatory services for the gap in qualified service delivery.

Dependency Concerns: When Districts Push Back on 1:1s

Districts sometimes argue that 1:1 support creates "learned helplessness" — that having a dedicated adult interferes with the child's independence and social development. This argument has legitimate substance in certain contexts. Research does show that poorly implemented 1:1 support can create over-reliance if the aide is not trained in fading strategies and promoting independence.

But this concern, raised by the district, should prompt a specific response: ask what the district's plan is for implementing the 1:1 support in a way that promotes independence. The answer should include defined goals for reducing reliance on the aide over time, training requirements for the paraprofessional, and protocols for the aide's positioning in the classroom (proximity vs. hovering).

If the district's argument is "we're worried about dependency" but their alternative is nothing — no aide, no behavioral support, no plan — that argument is not a legitimate pedagogical position. It is a budget defense wearing pedagogical clothing.

When the District Assigns an Untrained Aide

If your child's IEP includes paraprofessional support and the district assigns someone with no training in your child's disability, behavioral strategies, or the specific supports listed in the BIP, you have a compliance problem immediately.

The assigned paraprofessional must be oriented to your child's IEP, their disability, and any behavioral protocols before they begin working with the child. Under Ed 1113, that paraprofessional is supposed to be supervised by a certified special education teacher who is actively involved and accessible — not a distant figure who the paraprofessional may see once a week.

Request the training documentation for any paraprofessional assigned to your child. Ask what the supervision arrangement is. If the answers reveal that the aide has received no disability-specific training and has no active supervisory relationship with a certified teacher, document this in writing and raise it at the next IEP meeting.

The New Hampshire IEP & 504 Advocacy Playbook includes a paraprofessional request template and WPN demand letter that cites Ed 1113's specific requirements — so when you push back on inadequate aide assignments or refusals, your written record is built on the correct legal foundation.

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