2005 California Education Code Sections 45360-45367 Article 8. Teacher Aides

45360.  It is the intent and purpose of the Legislature that teacher
aides be employed in the elementary schools of the state,
specifically in grades one through six, to the end of assisting
classroom teachers in carrying out activities directly related to the
classroom instruction of pupils.  From the moneys specially
appropriated therefor by the Legislature, grants shall be made to
school districts pursuant to the specifications of this article for
teacher aide projects approved by the State Board of Education.
45361.  The State Board of Education shall establish rules and
regulations for the administration of this article which shall
include, but not be limited to, the criteria upon which grants shall
be made within the amounts appropriated by the Legislature and among
the several districts of the state which may apply for such grants.
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.
45362.  School districts shall establish standards and procedures
for the implementation and conduct of teacher aide projects,
authorized under the provisions of this article, which shall meet,
but not be limited to, the provisions of Section 45361.  Such
standards and procedures shall be made a part of a school district
grant application as described in this article.
45363.  The State Board of Education shall direct that apportionment
grants for teacher aide projects be made to school districts on the
basis of two thousand dollars ($2,000) per school year per teacher
aide employed, diminished by an amount derived by multiplying the
ratio which the assessed valuation per unit of average daily
attendance during the preceding fiscal year in grades kindergarten
through eight in the district bears to the assessed valuation per
unit of such average daily attendance in the state times one thousand
dollars ($1,000).
45364.  All funds received by school districts under the provisions
of this article shall be used for and restricted to the purpose of
paying the salaries of teacher aides employed under the provisions of
this article.
45365.  Apportionments for the purpose of this article shall be made
upon the order of the Superintendent of Public Instruction and by
warrant of the State Controller.  Funds apportioned shall be expended
by school districts precisely in accordance with the rules and
regulations established by the State Board of Education.
45366.  Apportionments to a school district shall be in the form of
grants, no part of which shall be required to be repaid to the state
by the school district.
45367.  Programs on projects conducted pursuant to this article
shall be deemed a program of compensatory education, or an element
thereof, and shall be coordinated with, and be an integral part of,
the school district's overall compensatory education plan.  The
programs and projects shall be subject to the provisions of Section
54461.