Bill Text: CA AB1563 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 1563 (Prior Session Legislation)

Introduced

Bill Title: Schools: volunteers: capital maintenance projects.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-09 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1563 Detail]

Download: California-2011-AB1563-Introduced.html

BILL NUMBER: AB 1563	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        JANUARY 30, 2012

   An act to amend Section 35021 of the Education Code, relating to
school volunteers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1563, as introduced, Norby. Schools: volunteers: capital
maintenance projects.
   Existing law authorizes the governing board of any school district
to permit a person, except a person required to register as a sex
offender, as specified, to volunteer to supervise pupils during the
school lunch period or any breakfast period or nutrition period, or
to serve as a nonteaching volunteer aide under the immediate
supervision and direction of the certificated personnel of the
district, as specified. Existing law prohibits a school district from
abolishing any of its classified positions and utilizing those
volunteers for those services in place of classified employees laid
off as a result of the abolition of a position.
   This bill would authorize the governing board of a school district
to permit a person, except a person required to register as a sex
offender, as specified, to serve as an unpaid volunteer for a capital
maintenance project in the school district. The bill would provide
that, to the extent these provisions conflict with any provision of a
collective bargaining agreement entered into before January 1, 2013,
by a public school employer and an exclusive bargaining
representative, the provisions shall not apply to the school district
until the expiration of that collective bargaining agreement.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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 
 the governing board of a school district may permit a 
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 school district  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   that  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) (1) Notwithstanding any other law, the governing board of a
school district may permit a person, except a person required to
register as a sex offender pursuant to Section 290 of the Penal Code,
to serve as an unpaid volunteer for a capital maintenance project in
the school district.  
   (2) To the extent that paragraph (1) conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before January 1,
2013, pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, paragraph (1) shall not
apply to the school district until expiration of that collective
bargaining agreement.  
   (b) No 
    (c)     A school  district 
may   shall not  abolish any of its classified
positions and utilize volunteer aides, as authorized  herein,
in lieu   by subdivisions (a) and (b), in place 
of classified employees who are laid off as a result of the abolition
of a position. A  school  district shall not refuse to
employ a person in a vacant classified position and use volunteer
aides in  lieu   place  of filling the
classified position. 
   (c) 
    (d)  It is the intent of the Legislature to permit
school districts 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.