0 chapters · 9,350 sections in this title.
Educ. Code § 45294 Section 45294
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“Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, p…
Educ. Code § 45295 Section 45295
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“Disabled veteran” as used in this article means any veteran, as defined in Section 45294, who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conc…
Educ. Code § 45296 Section 45296
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In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of five points and disabled veterans shall be allowed an add…
Educ. Code § 45297 Section 45297
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(a) Whenever, during the absence of an employee of a school district, or student body association operating under Sections 48930 to 48937, inclusive, in the active military service of the United States of America during any period of national emergency declared by the President o…
Educ. Code § 45298 Section 45298
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(a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional exami…
Educ. Code § 45300 Section 45300
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Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifyin…
Educ. Code § 45301 Section 45301
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(a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may …
Educ. Code § 45302 Section 45302
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No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (E…
Educ. Code § 45303 Section 45303
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In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the empl…
Educ. Code § 45304 Section 45304
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(a) For reasonable causes, an employee may be suspended without pay for not more than 30 days, except as provided in this section, or may be demoted or dismissed. In this case, the school district shall, within 10 days of the suspension, demotion, or dismissal, file written charg…
Educ. Code § 45305 Section 45305
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Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who …
Educ. Code § 45306 Section 45306
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The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his …
Educ. Code § 45307 Section 45307
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If the commission sustains the employee, it may order paid all or part of his full compensation from the time of suspension, demotion, or dismissal, and it shall order his reinstatement upon such terms and conditions as it may determine appropriate. The commission may modify the …
Educ. Code § 45308 Section 45308
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(a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus high…
Educ. Code § 45309 Section 45309
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Any permanent classified employee of a school district who voluntarily resigns from his permanent classified position may be reinstated or reemployed by the governing board of the district, within 39 months after his last day of paid service and without further competitive examin…
Educ. Code § 45310 Section 45310
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No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified service unless the assignment bears the certification of the personnel director that the person named in the assignment has bee…
Educ. Code § 45311 Section 45311
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The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will, inspect any records of the governing board that may be necessary to satisfy itself that the procedures …
Educ. Code § 45312 Section 45312
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(a) (1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. Any such authorized person conducting the hearing or investigation may administer oaths, sub…
Educ. Code § 45313 Section 45313
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(a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receip…
Educ. Code § 45317 Section 45317
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Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful for any person: (a) Willfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with re…
Educ. Code § 45318 Section 45318
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In every school district coterminous with the boundaries of a city and county, except for those paraprofessionals excluded from the charter provisions by a resolution adopted by the governing board of that district pursuant to Section 45100, employees not employed in positions re…
Educ. Code § 45319 Section 45319
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(a) A merit (civil service) system within a school district may be terminated by one of the following methods: (1) (A) If the governing board of a school district, or a county board of education, receives a written petition of qualified electors not less in number than 10 percent…
Educ. Code § 45320 Section 45320
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If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if the majority of the classified employees vote to terminate the merit system in a school district, or a county office of education the personne…
Educ. Code § 45330 Section 45330
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(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 …
Educ. Code § 45340 Section 45340
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This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Sections 35021, 44833, 44835, 54422, 54481, 54482, 54525, or any other section heretofore or hereafter enacted, who perform the duties of instru…
Educ. Code § 45341 Section 45341
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The Legislature recognizes the need to provide classroom teachers and other certificated personnel with more time to teach and to provide the means for them to utilize their professional knowledge and skills more effectively in the educational programs of the public schools. It i…
Educ. Code § 45342 Section 45342
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Instructional aides shall not be utilized to increase the number of pupils in relation to the number of classroom teachers in any school, any school district, or in the state. Notwithstanding the foregoing provisions, class size ratios existing in special education classes prior …
Educ. Code § 45343 Section 45343
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(a) As used in this article, “instructional aide” means a person employed to assist classroom teachers and other certificated personnel in the performance of their duties and in the supervision of pupils and in instructional tasks which, in the judgment of the certificated person…
Educ. Code § 45344 Section 45344
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(a) Subject to the provisions of this article, any school district may employ instructional aides to assist classroom teachers and other certificated personnel in the performance of duties as defined in Section 45343. An instructional aide shall perform only such duties as, in th…
Educ. Code § 45344.5 Section 45344.5
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(a) No person shall be initially assigned to assist in instruction as an instructional aide unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to Section 45330. (b) A school district may charge prospective aides taking the di…
Educ. Code § 45345 Section 45345
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Notwithstanding the provisions of Section 48950, no instructional aide shall give out any personal information concerning any pupil who is not his own child or ward, except under judicial process, to any person other than a teacher or administrator in the school which the pupil a…
Educ. Code § 45346 Section 45346
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Classroom teachers and other certificated personnel shall not be required to hold a standard supervision credential or a standard administration credential as a prerequisite to the supervision and direction of instructional aides. (Enacted by Stats. 1976, Ch. 1010.)
Educ. Code § 45347 Section 45347
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(a) An instructional aide shall not be deemed a certificated employee for the purposes of apportioning state aid and no regrouping of pupils with instructional aides shall be construed as a class for apportionment purposes. (b) Instructional aides shall be classified employees of…
Educ. Code § 45348 Section 45348
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The school district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate prescribed by federal law. (Enacted by Stats. 1976, Ch. 1010.)
Educ. Code § 45349 Section 45349
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Notwithstanding the provisions of this article, or any other provisions of law, a school district may utilize volunteers in the supervision and instruction of pupils, but any such volunteer shall be subject to the provisions of Section 35021 and this article. (Enacted by Stats. 1…
Educ. Code § 45350 Section 45350
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The purposes of this article include the following: (a) To enhance the teaching of reading, language arts, mathematics, social science, science, and other basic academic subjects to general education pupils in grades 1 to 6, inclusive. (b) To begin to reduce the impact of large c…
Educ. Code § 45351 Section 45351
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(a) No later than June 30, 1990, the Office of the Chancellor of the California Community Colleges shall issue requests for proposal from community college districts for the establishment of an Associate of Arts, Teacher Assistant program. The requests for proposal shall describe…
Educ. Code § 45352 Section 45352
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No later than June 30, 1991, the Commission on Teacher Credentialing shall adopt policies, procedures, and regulations as it deems necessary and appropriate for the administration of an examination pursuant to subdivision (c) of Section 45350.
Educ. Code § 45353 Section 45353
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Teacher assistants, as described in this article, shall not be deemed to be teachers for any purpose under this code.
Educ. Code § 45354 Section 45354
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The Commission on Teacher Credentialing shall levy a fee for the issuance and renewal of teacher assistant licenses. The fee for the issuance or renewal of the teacher assistant license shall be twenty-five dollars ($25). In subsequent years, the Commission on Teacher Credentiali…
Educ. Code § 45355 Section 45355
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The Department of Finance shall determine the amount of the examination fee that would be sufficient to generate the revenues necessary to maintain and administer the examination described in Section 45350.
Educ. Code § 45356 Section 45356
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The State Department of Education shall, in the 1991–92 and 1992–93 school years, and thereafter as it may deem necessary, coordinate workshops between the community college districts that operate Associate of Arts, Teacher Assistant programs, the California State University, and…
Educ. Code § 45360 Section 45360
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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 pu…
Educ. Code § 45361 Section 45361
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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…
Educ. Code § 45361.5 Section 45361.5
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(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 45…
Educ. Code § 45362 Section 45362
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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…
Educ. Code § 45363 Section 45363
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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 as…
Educ. Code § 45364 Section 45364
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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. (Enacted by Stats. 1976, Ch. 1010.)
Educ. Code § 45365 Section 45365
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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 establish…
Educ. Code § 45366 Section 45366
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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. (Enacted by Stats. 1976, Ch. 1010.)