59050-59054

EDUCATION CODE
SECTION 59050-59054




59050.  Notwithstanding Sections 59051, 59052, 59053, and 59054, the
California School for the Deaf may not use the American Sign
Language Proficiency Interview (ASLPI) or an alternative test
selected by the American Sign Language Competency Evaluation
Committee of the California School for the Deaf for the purposes
specified in this article unless it is first determined that the test
is a valid and reliable test for employment purposes.



59051.  During the 2004-05, 2005-06, and 2006-07 school years, for
purposes of hiring a certificated individual to instruct deaf pupils,
preference shall first be given to a candidate who achieves a
minimum score of 4 on the American Sign Language Proficiency
Interview (ASLPI) or an equivalent score on an alternate test
selected by the American Sign Language Competency Evaluation
Committee of the California School for the Deaf that assesses
American Sign Language linguistic competency.



59052.  (a) Commencing with the 2004-05 school year, an individual
may not be hired as a certificated employee to instruct deaf pupils
unless the individual achieves a minimum score of 2.5 on the American
Sign Language Proficiency Interview (ASLPI) or an equivalent score
on an alternate test selected by the American Sign Language
Competency Evaluation Committee of the California School for the Deaf
that assesses American Sign Language linguistic competency.
   (b) Commencing with the 2005-06 school year, an individual may not
be hired as a certificated employee to instruct deaf pupils unless
the individual achieves a minimum score of 3 on the ASLPI or an
equivalent score on an alternate test, as described in subdivision
(a).
   (c) Commencing with the 2006-07 school year, an individual may not
be hired as a certificated employee to instruct deaf pupils unless
the individual achieves a minimum score of 3.5 on the ASLPI or an
equivalent score on an alternate test, as described in subdivision
(a).
   (d) The minimum score requirements specified in subdivisions (a)
to (c), inclusive, may be waived by the superintendent of the school
if he or she certifies that no candidate who meets those requirements
and all other selection criteria has applied to instruct deaf pupils
and open positions remain.



59053.  (a) Commencing with the 2004-05 school year, and every three
years thereafter, a certificated employee who instructs deaf pupils
and who has not achieved a minimum score of 4 on the American Sign
Language Proficiency Interview (ASLPI) or an equivalent score on an
alternate test selected by the American Sign Language Competency
Evaluation Committee of the California School for the Deaf that
assesses American Sign Language linguistic competency, shall retake
one of those assessments.
   (b) A certificated employee who instructs deaf pupils and who does
not achieve a minimum score of 4 on the ASLPI or an equivalent score
on an alternate test, as described in subdivision (a), may not be
subject to discipline. The certificated employee shall be encouraged
to study until that score is achieved.
   (c) Any fee imposed to take the ASLPI or an alternate test, as
described in subdivision (a), shall be paid by the certificated
employee. If the certificated employee receives a minimum score of 4
on the ASLPI or an equivalent score on the alternate test, the
California School for the Deaf shall reimburse the certificated
employee for that fee.



59054.  (a) For purposes of hiring an individual to serve as a
substitute teacher, preference shall be given as follows:
   (1) First, to a candidate who achieves a minimum score of 4 on the
American Sign Language Proficiency Interview (ASLPI) or an
equivalent score on an alternate test selected by the American Sign
Language Competency Evaluation Committee of the California School for
the Deaf that assesses American Sign Language linguistic competency.
   (2) Second, to a candidate who achieves a minimum score of 3 on
the ASLPI or an equivalent score on an alternate test, as described
in paragraph (1).
   (3) Third, to a candidate who achieves a minimum score of 2.5 on
the ASLPI or an equivalent score on an alternate test, as described
in paragraph (1).
   (b) Except as provided in subdivision (c), a candidate who fails
to achieve a score of at least 2.5 on the ASLPI or who fails to
achieve an equivalent score on an alternate test, as described in
paragraph (1), may not be hired as a substitute teacher.
   (c) The superintendent of the school may waive the requirements of
subdivision (b) if no candidate for the substitute teacher position
has achieved the minimum score required by subdivision (b) and there
is an immediate need to fill an open position.