Bill Text: CA AB13 | 2011-2012 | Regular Session | Amended
Bill Title: Public school volunteers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-06-28 - From Senate committee without further action. [AB13 Detail]
Download: California-2011-AB13-Amended.html
BILL NUMBER: AB 13 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2011
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Knight
DECEMBER 6, 2010
An act to amend Sections 35021, 35021.1, 35021.2, 44836, and 49024
of the Education Code, relating to public school volunteers.
LEGISLATIVE COUNSEL'S DIGEST
AB 13, as amended, Knight. Public school volunteers.
Existing law authorizes any person, except a person required to
register as a sex offender pursuant to a designated provision, to be
permitted by the governing board of a school district to serve as a
nonteaching volunteer aide under the immediate supervision and
direction of certificated personnel of the district to perform
noninstructional work that serves to assist the certificated
personnel of the district in their teaching and administrative
responsibilities. Existing law authorizes a school district or county
office of education to request that a local law enforcement agency
conduct an automated records check of a prospective nonteaching
volunteer aide in order to ascertain whether the prospective
nonteaching volunteer aide has been convicted of a designated sex
offense.
Existing law prohibits school district governing boards from
employing or retaining in employment persons in public school service
who have been convicted of a designated sex offense or controlled
substance offense unless the conviction is reversed and the person is
acquitted of the offense in a new trial, or the charges against him
or her are dismissed. Existing law requires, prior to assuming a paid
or volunteer position to work with pupils in a pupil activity
program sponsored by a school district, that
noncertificated candidates to obtain an Activity
Supervisor Clearance Certificate from the Commission on Teacher
Credentialing.
This bill would specify that each of these provisions applies to
charter schools. The bill would also authorize a school district,
county office of education, or charter school to request a local law
enforcement agency to conduct an automated records check of a
prospective nonteaching volunteer aide in order to ascertain whether
that person has been convicted of a felony controlled substance
offense that involves a minor or a violent or serious
felony, as specified. The bill would additionally prohibit persons
who have been convicted of violent or serious felonies, specified sex
offenses, or felony controlled substance offenses, as specified,
from serving as nonteaching volunteer aides , but would provide
that a person would not be prohibited from serving as a nonteaching
volunteer aide solely because of a conviction of a controlled
substance offense that involves a minor or a violent or serious
felony 5 years after the date of that conviction .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35021 of the Education Code is amended to read:
35021. (a) Notwithstanding any other law, any person, except a
person required to register as a sex offender pursuant to Section 290
of the Penal Code, may be permitted by the governing board of a
school district, county office of education, or charter school to
perform the duties specified in Section 44814 or 44815, or to serve
as a nonteaching volunteer aide under the immediate supervision and
direction of the certificated personnel of the district to perform
noninstructional work which serves to assist the certificated
personnel in performance of teaching and administrative
responsibilities. With respect to this noninstructional work, the
nonteaching volunteer aide shall serve without compensation of any
type or other benefits accorded to employees of the district, except
as provided in Section 3364.5 of the Labor Code.
(b) A district shall not abolish any of its classified positions
and utilize volunteer aides, as authorized in this section, in lieu
of classified employees who are laid off as a result of the abolition
of a position. A district shall not refuse to employ a person in a
vacant classified position and use volunteer aides in lieu of filling
the classified position.
(c) It is the intent of the Legislature to permit school
districts, county offices of education, and charter schools to use
volunteer aides to enhance their educational programs but not to
permit displacement of classified employees nor to allow districts to
utilize volunteers in lieu of normal employee requirements.
SEC. 2. Section 35021.1 of the Education Code is amended to read:
35021.1. (a) (1) A school district, county office of education,
or charter school may request a local law enforcement agency to
conduct an automated records check of a prospective nonteaching
volunteer aide in order to ascertain whether the prospective
nonteaching volunteer aide has been convicted of a sex offense as
defined in Section 44010, a felony controlled substance offense
as defined in Section 44011 that involves a
minor as specified in Section 11353, 11353.1, 11353.4, 11353.5,
11353.7, 11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision
(b) or (c) of Section 11353.6 of, the Health and Safety
Code , or a violent or serious felony as defined in Section
45122.1.
(2) A Except as specified in paragraph
(5), a person who would be prohibited from employment or
retention in employment due to conviction of a sex offense or a
violent or serious felony under Section 44836 or 45122.1 shall be
prohibited from serving as a nonteaching volunteer aide.
(3) A Except as specified in paragraph (5),
a person who has been convicted of a felony controlled
substance offense , as specified in subdivisions (a), (c),
or (d) of Section 44011, that involves a minor as
specified in Section 11353, 11353.1, 11353.4, 11353.5, 11353.7,
11354, 11361, 11379.7, 11380, or 11380.1 of, or subdivision (b) or
(c) of Section 11353.6 of, the Health and Safety Code shall be
prohibited from serving as a nonteaching volunteer aide.
(4) A Except as specified in paragraph
(5), a person who has been convicted of a controlled substance
offense that involves a minor in another state
that would be classified as a felony controlled substance offense in
the State of California, as specified in subdivisions (a),
(c), or (d) of Section 44011 Section 11353, 11353.1,
11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or 11380.1
of, or subdivision (b) or (c) of Section 11353.6 of, the Health and
Safety Code , shall be prohibited from serving as a nonteaching
volunteer aide.
(5) A person who has been convicted of a felony controlled
substance offense that involves a minor as specified in Section
11353, 11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7,
11380, or 11380.1 of, or subdivision (b) or (c) of Section 11353.6
of, the Health and Safety Code, or a person who has been convicted of
a controlled substance offense that involves a minor in another
state that would be classified as a felony controlled substance
offense in the State of California, as specified in Section 11353,
11353.1, 11353.4, 11353.5, 11353.7, 11354, 11361, 11379.7, 11380, or
11380.1 of, or subdivision (b) or (c) of Section 11353.6 of, the
Health and Safety Code, or a person who has been convicted of a
violent or serious felony under Section 45122.1 shall not be
prohibited, solely because of that conviction, from serving as a
nonteaching volunteer aide, five years after the date of that
conviction.
(b) A plea or verdict of guilty, a finding of guilt by a court in
a trial without jury, or a conviction following a plea of nolo
contendere shall be deemed to be a conviction within the meaning of
this section. If the local law enforcement agency agrees to provide
that automated records check, the results therefrom shall be returned
to the requesting district, county office of education, or charter
school within 72 hours of the written request. A local law
enforcement agency may charge a fee to the requesting agency not to
exceed the actual expense to the law enforcement agency.
SEC. 3. Section 35021.2 of the Education Code is amended to read:
35021.2. (a) When a school district, county office of education,
or charter school pursuant to Section 11105.3 of the Penal Code
requests from the Department of Justice records involving criminal
offenses committed by a prospective volunteer, the school district,
county office of education, or charter school may request that the
Department of Justice provide subsequent arrest notification service
pursuant to Section 11105.2 of the Penal Code. The Department of
Justice shall comply with a request made pursuant to this section.
(b) This section also applies to a person, firm, association,
partnership, or corporation offering or conducting private school
instruction on the elementary or high school level that requests,
pursuant to Section 11105.3 of the Penal Code, records involving
criminal offenses committed by a prospective volunteer.
SEC. 4. Section 44836 of the Education Code is amended to read:
44836. (a) (1) The governing board of a school district shall not
employ or retain in employment persons in public school service who
have been convicted, or who have been convicted following a plea of
nolo contendere to charges, of any sex offense as defined in Section
44010.
(2) If a person's conviction of a sex offense as defined in
Section 44010 is reversed and the person is acquitted of the offense
in a new trial or the charges against him or her are dismissed, this
section does not prohibit his or her employment thereafter. If the
dismissal was pursuant to Section 1203.4 of the Penal Code and the
victim of the sex offense was a minor, this section does prohibit the
person's employment.
(b) (1) The governing board of a school district also shall not
employ or retain in employment persons in public school service who
have been convicted of any controlled substance offense as defined in
Section 44011.
(2) If a person's conviction for a controlled substance offense as
defined in Section 44011 is reversed and the person is acquitted of
the offense in a new trial or the charges against him or her are
dismissed, this section does not prohibit his or her employment
thereafter.
(c) Notwithstanding subdivision (b), the governing board of a
school district may employ a person convicted of a controlled
substance offense in a position requiring certification
qualifications if that person holds an appropriate credential issued
by the Commission on Teacher Credentialing.
(d) Notwithstanding Section 47610, this section applies to a
charter school.
SEC. 5. Section 49024 of the Education Code is amended to read:
49024. (a) Prior to assuming a paid or volunteer position to work
with pupils in a pupil activity program sponsored by a school
district, all noncertificated candidates shall obtain an Activity
Supervisor Clearance Certificate from the Commission on Teacher
Credentialing pursuant to subdivision (f) of Section 44258.7.
(b) A pupil activity program sponsored by a school district
includes, but is not limited to, scholastic programs, interscholastic
programs, and extracurricular activities sponsored by a school
district or school booster club, including, but not limited to, cheer
team, drill team, dance team, and marching band.
(c) Volunteer supervisors for breakfast, lunch, or other
nutritional periods pursuant to Sections 44814 and 44815, and
nonteaching volunteer aides, as defined in Section 35021, under the
immediate supervision and direction of certificated personnel of the
district, shall not be required to obtain an Activity Supervisor
Clearance Certificate. For purposes of this section, a nonteaching
volunteer aide includes a parent volunteering in a classroom or on a
field trip or a community member providing noninstructional services.
(d) Candidates may be issued a temporary certificate in accordance
with Sections 44332 and 44332.5 while the application is being
processed.
(e) This section does not apply to a candidate who is required by
the school district to clear a Department of Justice and Federal
Bureau of Investigation criminal background check prior to beginning
the paid or volunteer activities described in subdivision (a).
(f) Notwithstanding Section 47610, this section applies to a
charter school.
(g) This section shall become operative on July 1, 2010.
