SECTIONS 45330 - California Statutes

EDUCATION CODE

SECTION 45330

45330. (a) As used in this section, a paraprofessional means a
person who assists classroom teachers and other certificated
personnel in instructing reading, writing, and mathematics. A
paraprofessional includes an instructional aide as defined in
subdivision (a) of Section 45343 and a teacher aide as described in
Section 45360.
(b) A paraprofessional shall perform only duties that, in the
judgement of the certificated personnel to whom the instructional
aide is assigned, may be performed by a person not licensed as a
classroom teacher. These duties shall not include assignment of
grades to pupils.
(c) Pursuant to the federal No Child Left Behind Act of 2001 (P.L.
107-110), a local education agency that receives funding from Title
1 of that act shall ensure that every paraprofessional hired on or
after January 8, 2002, who is supported by those Title 1 funds and
who assists in instruction has demonstrated at least one of the
following in addition to any other requirements under that act:
(1) Completion of at least two years of study at an institution of
higher education.
(2) Possession of an associate's degree or higher.
(3) Through a local or state assessment, that is appropriate to
the responsibilities to be assigned to the paraprofessional,
knowledge of, and ability to assist in, instructing reading, writing,
and mathematics.
(d) Except as provided in subdivision (h), a paraprofessional
hired prior to January 8, 2002, who is supported by federal funds
from Title I of the federal No Child Left Behind Act of 2001 (P.L.
107-110) shall meet the requirements of subdivision (c) no later than
January 8, 2006.
(e) No person shall be initially assigned to assist in instruction
as a paraprofessional in kindergarten and grades 1 to 12, inclusive,
unless the person has demonstrated proficiency in reading, writing,
and mathematics skills up to or exceeding that required by the
employing district for high school seniors pursuant to subdivisions
(a) and (f) of Section 51220 if the employing district educates high
school students.
(f) If the employing district is an elementary school district,
the paraprofessional shall demonstrate proficiency in reading,
writing, and mathematics skills up to or exceeding that required for
high school seniors pursuant to subdivisions (a) and (f) of Section
51220 in the high school district that includes all or the largest
portion of the elementary district.
(g) In establishing the educational qualifications or in
developing a proficiency exam, a school district shall align the
qualifications and proficiency exams pursuant to paragraph (3) of
subdivision (c).
(h) A paraprofessional who is supported by federal funds from
Title I of the federal No Child Left Behind Act of 2001 (P.L.
107-110) and who meets either of the following conditions is exempt
from the requirements described in paragraphs (1) to (3), inclusive,
of subdivision (c):
(1) The paraprofessional is proficient in English and a language
other than English and provides services primarily to enhance
participation of pupils by acting as a translator.
(2) The paraprofessional's duties consist solely of conducting
parental involvement activities.
(i) A paraprofessional who was hired on or before January 1, 2003,
and who has previously demonstrated, through a local assessment,
knowledge of, and an ability to assist in, instructing reading,
writing, and mathematics, is deemed to have met the proficiency exam
requirements of paragraph (3) of subdivision (c).
(j) A school district may use an existing proficiency assessment
or may develop a new proficiency assessment to meet the requirements
of paragraph (3) of subdivision (c).
(k) Pursuant to the federal No Child Left Behind Act of 2001, a
local education agency may use a portion of the funds from that act
for staff development for paraprofessionals, to the extent that those
funds are appropriated in the annual Budget Act for this purpose.