Section 45361.5 Of Article 8. Teacher Aides From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 8.
45361.5
. (a) No person shall be initially assigned to assist in
instruction for work as an aide for instructional purposes in
kindergarten and grades 1 to 12, inclusive, unless the person has
demonstrated proficiency in basic reading, writing, and mathematics
skills pursuant to Section 45330.
(b) As used in this section, "initially assigned" means any
assignment, including substitute, temporary, probationary, or
permanent employment, to assist in instruction as an aide for
instructional purposes.
(c) A school district may charge a fee to prospective aides taking
the district proficiency test pursuant to the requirements of this
section to fund the costs incurred by the district in giving the
test. This fee may be subject to negotiation between the district and
the exclusive representative of instructional aides, but in no event
shall the fee exceed seven dollars ($7).
(d) The school district governing board, at a public meeting, may
grant an exemption from this requirement to any person, for a period
of one year, if the person is to be assigned as a
bilingual-crosscultural aide and the governing board determines that
there is no other person available to serve in the same capacity.
Upon or prior to the expiration of the one-year period, the
bilingual-crosscultural aide shall be required to take and pass the
basic skills test required by this section. A bilingual-crosscultural
aide who has not demonstrated his or her basic skills proficiency
through these means may not be compensated for work as a
bilingual-crosscultural aide. A bilingual-crosscultural aide may only
be granted one exemption from this requirement. The authority of
district governing boards to grant these exemptions shall cease on
June 30, 1985.
(e) An aide who passes a district proficiency test as required by
this section who transfers to another district and is employed in the
same capacity, shall be considered to have met the proficiency
standards for purposes of this section unless the district to which
he or she has transferred determines that the test taken by the aide
is not comparable to the standards required by the employing
district.
(f) An aide who passes a district proficiency test, as required by
this section, and who is reassigned to another school or program in
the district and is employed in the same capacity, shall be
considered to have met the state basic skills proficiency test
requirement.