SECTIONS 45400-45403 - California Statutes

EDUCATION CODE

SECTION 45400-45403

45400. The Legislature hereby finds that when a public school that
provides instruction in kindergarten or any of grades 1 through 12
has a substantial number of pupils who, together with their parents
or guardians, speak a single primary language other than English, and
does not have in its employ one or more bilingual employees fluent
in both English and the primary language of such pupils and their
parents or guardians, a serious educational disadvantage results for
the pupils. Effective communication between the school authorities
and both the affected pupils and their parents and guardians is
absolutely essential to an effective educational program. It is,
therefore, the intent of the Legislature in enacting this article to
remove some of the barriers that face pupils who, together with their
parents or guardians, speak a single primary language other than
English, and to provide them, through more effective communication,
with the most beneficial education possible from the public
elementary schools, junior high schools, and high schools of this
state.

45401. When at least 15 percent of the pupils enrolled in a public
school that provides instruction in kindergarten or any of grades 1
through 12 speak a single primary language other than English, the
governing board of the school district in which such school is
located shall hire a bilingual person for the administrative office
of each such school, as soon as a position is available as provided
by Section 45403, to serve as a bilingual community liaison person or
a paraprofessional, clerical, or other qualified employee of each
such school, in accordance with the provisions of Chapter 5
(commencing with Section 45100) of this part, who is fluent in both
English and in the primary language spoken by such pupils and their
parents or guardians.

45402. The bilingual person employed pursuant to this article shall
have as a principal function the communication with parents or
guardians of such students in the primary language of the parents or
guardians.
The governing board of the school district may make additional,
reasonable assignments of duties for such bilingual employees.

45403. This article shall not be construed as requiring school
districts to replace existing classified personnel or to employ
additional classified personnel. However, in any case in which
additional classified positions are added to the administrative staff
of a school which does not already employ a person as described in
Section 45401, or if a vacancy is to be filled in a classified
position in the administrative staff of such a school, the provisions
of Section 45401 shall be adhered to in filling such position.