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Paraprofessionals are frequently used by schools as a mechanism of including disabled students in general education settings. However, evidence suggests that paraprofessionals may have long term negative consequences for students. Currently, there is limited research on how decisions are made with regards to who should be working with paraprofessionals. In this descriptive analysis paper I evaluate state policies on how decisions should be made on who should be working with paraprofessionals. I find that a majority of states provide little to no guidance, and put forward New York as a model of how states can clarify the process for practitioners.