Bill Text: CA AB13 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 13	INTRODUCED
	BILL TEXT


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 introduced, 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 supervise, direct, or coach a pupil
activity program sponsored by, or affiliated with, a school district,
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 prohibit persons who have been
convicted of specified sex, controlled substance, or violent offenses
from serving as nonteaching volunteer aides.
   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
 any   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)  No district may   A district shall not
 abolish any of its classified positions and utilize volunteer
aides, as authorized  herein   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  its   their 
educational  program   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)    A school district  or
  ,  county office of education  , or charter
school  may request  that  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  any   a  sex offense as defined in
Section 44010  , a controlled substance offense as defined in
Section 44011, or a violent or serious felony as defined in Section
45122.1. A person who would be prohibited from employment or
retention in employment und   er Section 44836 or 45122.1
shall be prohibited from serving as a nonteaching volunteer aide
 .  A 
    (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
 or   ,  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  or   ,
 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  or 
 ,  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   supervise, direct, or coach 
pupils in a pupil activity program sponsored by  , or affiliated
with,  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  ,   or
affiliated with,  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  pursuant to Section 35021
 , 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).   Notwithstanding Section 47610, this section
applies to a charter school. 
   (f) This section shall become operative on July 1, 2010.