BILL NUMBER: AB 346 CHAPTERED
BILL TEXT
CHAPTER 52
FILED WITH SECRETARY OF STATE JULY 9, 2010
APPROVED BY GOVERNOR JULY 9, 2010
PASSED THE SENATE JUNE 28, 2010
PASSED THE ASSEMBLY JULY 1, 2010
AMENDED IN SENATE JUNE 24, 2010
AMENDED IN SENATE JUNE 3, 2010
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
AMENDED IN ASSEMBLY MARCH 24, 2009
INTRODUCED BY Assembly Member Conway
FEBRUARY 19, 2009
An act to amend Sections 45125.01 and 49024 of the Education Code,
relating to schools, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 346, Conway. Schools: noncertificated candidates: Activity
Supervisor Clearance Certificate.
(1) Existing law allows school districts to agree among themselves
to designate a single district, or a county superintendent to agree
to act on behalf of participating school districts within the county
or contiguous counties, for the purposes of performing specified
duties regarding criminal background checks and maintaining
employment lists if a person is an applicant for employment, or is
employed on a part-time or substitute basis, in a position not
requiring certification qualifications in multiple school districts
within a county or within contiguous counties.
This bill, in addition, would extend this authority to a
noncertificated candidate who is assuming a paid or volunteer
position, as specified, in multiple school districts within a county
or within contiguous counties.
(2) Existing law, commencing on July 1, 2010, requires that a
noncertificated candidate obtain an Activity Supervisor Clearance
Certificate from the Commission on Teacher Credentialing before
assuming a paid or volunteer position to supervise, direct, or coach
a pupil activity program sponsored by, or affiliated with, a school
district, as defined. Existing law exempts volunteer supervisors for
breakfast, lunch, or other nutritional periods and nonteaching
volunteer aides, as defined, under the immediate supervision and
direction of certificated personnel of the district from this
requirement.
This bill instead would provide that the requirement to obtain an
Activity Supervisor Clearance Certificate is applicable to a paid or
volunteer position to work with pupils in a pupil activity program
sponsored by a school district. The bill would provide that a parent
volunteering in a classroom or on a field trip or a community member
providing noninstructional services is a nonteaching volunteer aide
for purposes of the exemption described above. The bill would provide
that the requirement to obtain a certificate 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.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 45125.01 of the Education Code is amended to
read:
45125.01. (a) If a person is an applicant for employment, or is
employed on a part-time or substitute basis, in a position not
requiring certification qualifications, or is a noncertificated
candidate assuming a paid or volunteer position in accordance with
Section 49024, in multiple school districts within a county or within
contiguous counties, the school districts may agree among themselves
to designate a single district, or a county superintendent may agree
to act on behalf of participating districts within the county or
contiguous counties, for the purposes of performing the following
duties:
(1) Sending fingerprints to the Department of Justice.
(2) Receiving reports of convictions of serious and violent
felonies, criminal history records, and reports of subsequent arrests
from the Department of Justice.
(3) Maintaining common lists of persons eligible for employment.
(b) The school district or county superintendent serving in the
capacity authorized in subdivision (a) shall be considered the
employer for purposes of subdivisions (a) and (f) of Section 45125.
(c) Upon receipt from the Department of Justice of a report of
conviction of a serious or violent felony, the designated school
district or county superintendent shall communicate that fact to the
participating districts and remove the affected employee from the
common list of persons eligible for employment.
(d) Upon receipt from the Department of Justice of a criminal
history record or report of subsequent arrest for any person on a
common list of persons eligible for employment, the designated school
district or county superintendent shall give notice to the
superintendent of any participating district or a person designated
in writing by that superintendent, that the report is available for
inspection on a confidential basis by the superintendent or
authorized designee, at the office of the designated school district
or county superintendent, for a period of 30 days following receipt
of notice to enable the employing school district to determine
whether the employee meets that district's criteria for continued
employment. The designated school district or county superintendent
shall not release a copy of that information to any participating
district or any other person, shall retain or dispose of the
information in the manner required by law after all participating
districts have had an opportunity to inspect it in accordance with
this section, and shall maintain a record of all persons to whom the
information has been shown that shall be available to the Department
of Justice to monitor compliance with the requirements of
confidentiality contained in this section.
(e) Any agency processing Department of Justice responses pursuant
to this section shall submit an interagency agreement to the
Department of Justice to establish authorization to submit and
receive information pursuant to this section.
(f) All information obtained from the Department of Justice is
confidential. Every agency handling Department of Justice information
shall ensure the following:
(1) A recipient shall not disclose its contents or provide copies
of information.
(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
701 to 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and
security of criminal offender record information is the
responsibility of the entity receiving the information from the
Department of Justice.
SEC. 2. 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) This section shall become operative on July 1, 2010.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that noncertificated candidates are screened
for criminal background checks at the earliest possible time, it is
necessary that this act take effect immediately.