BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 346| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 346 Author: Conway (R) Amended: 6/24/10 in Senate Vote: 27 - Urgency SENATE EDUCATION COMMITTEE : 6-0, 6/16/10 AYES: Romero, Huff, Emmerson, Hancock, Liu, Price NO VOTE RECORDED: Alquist, Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : Not relevant SUBJECT : Schools: noncertificated candidates: Activity Supervisor Clearance Certificate SOURCE : Author DIGEST : This bill (1) extends the same authority to a noncertificated candidate who is assuming a paid or volunteer position that is currently granted to a single district or county superintendent for the purposes of performing criminal background checks; (2) defines a nonteaching volunteer to include parents volunteering in a classroom or on a field trip or a community member providing noninstructional services; and (3) specifies the Activity Supervisor Clearance Certificate requirement does not apply to individuals who have already cleared a criminal background check for the school district. CONTINUED AB 346 Page 2 Senate Floor Amendments of 6/24/10 (1) delete language delaying the implementation of the requirement that certain noncertificated individuals obtain an Activity Supervisor Clearance Certificate (ASCC) from the Commission on Teacher Credentialing as of July 1, 2010; (2) define a nonteaching volunteer to include parents volunteering in a classroom or on a field trip or a community member providing noninstructional services; and (3) specify the ASCC requirement does not apply to individuals who have already cleared a criminal background check for a school district. ANALYSIS : Existing law 1. 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. 2. 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 (1) extends the same authority to a noncertificated candidate who is assuming a paid or AB 346 Page 3 volunteer position that is currently granted to a single district or county superintendent for the purposes of performing criminal background checks; (2) defines a nonteaching volunteer to include parents volunteering in a classroom or on a field trip or a community member providing noninstructional services; (3) specifies the Activity Supervisor Clearance Certificate requirement does not apply to individuals who have already cleared a criminal background check for the school district. Related/Prior Legislation . AB 2034 (Knight), 2009-10 Session, prohibits school districts, county offices of education, or charter schools that elect to fingerprint volunteers from allowing individuals who have been convicted of specific violent, sex, or drug offenses to provide volunteer services in the district. (In Senate Education Committee). AB 2685 (De La Torre), 2009-10 Session, enables the CTC to make available its All Points Bulletin (a list of credential holders who have had final adverse action taken against their credential) to private schools in an electronic format instead of sending the list through the U.S. Mail. (In Senate Education Committee). AB 1025 (Conway), Chapter 379, Statutes of 2009, requires non-credentialed individuals who volunteer or are paid to supervise, direct, or coach a pupil activity program to be fingerprinted and undergo a criminal background check. (Passed Senate Floor with a vote of 40-0 on 9/4/09). FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 6/25/10) (unable to reverify at time of writing) After School All-Stars of Los Angeles Antelope Valley Union High School District Antioch Unified School District Aromas-San Juan Unified School District Association of California School Administrators Beaumont Unified School District AB 346 Page 4 Black Oak Mine USD Burbank Unified School District Butte County Office of Education CA Association of Regional Occupational Centers and Programs CA County Superintendents Educational Services Association Calaveras County Office of Education California Association of School Business Officials California Federation of Teachers California Interscholastic Federation California School Employees Association California School Personnel Commissioners Association Canyon Elementary School District Carlsbad Unified School District Central Union Elementary School Elementary School District Central Valley Education Association Charter Oak Unified School District Claremont Unified School District Clear Creek Elementary School District Clovis Unified School District Conejo Valley Unified School District Contra Costa County Superintendents' Coalition Covina-Valley Unified School District Cupertino Union School District Del Norte County Office of Education El Dorado County Office of Education El Dorado Union High School District El Segundo Unified School District Exeter Union High School District Folsom Cordova Unified School District Fresno Unified School District Fruitvale School District Fullerton Joint Union High School District Glenn County Office of Education Hamilton Unified School District Hanford Joint Union High School District Happy Valley Union School District Humboldt County Office of Education Huntington Beach Union High School District Imperial County Office of Education Kern County Superintendent of Schools Keyes Union School District Kings County Office of Education Kings River-Hardwick School District AB 346 Page 5 Knightsen Elementary School District LA's BEST Lake County Office of Education Lamont School District Larkspur School District Long Beach Unified School District Los Angeles Unified School District Madera County Office of Education Manhattan Beach Unified School District Maricopa Unified School District Martinez Unified School District McSwain Union Elementary School District Milpitas Unified School District Modesto City School District Modoc Joint Unified School District Moraga School District Mountain View Los Altos Union High School District New Hope Elementary School District Oak Park Unified School District Ocean View School District Orange County Office of Education Paramount Unified School District Patterson Joint Unified School District Perris Union High School District Piedmont Joint High School District Pittsburg Unified School District Placer Hills Union School District Porterville Unified School District Riverside County Schools Advocacy Association Rocklin Unified School District Roseville Joint Union High School District Rowland Unified School District Sacramento City Unified School District Salinas Union High School District San Bernardino County District Advocates for Better Schools San Diego County Office of Education San Joaquin County Office of Education San Juan Unified School District San Marino Unified School District San Mateo County Office of Education Santa Clara County Office of Education Santa Cruz City School District Santa Cruz County Office of Education Scotts Valley Unified School District AB 346 Page 6 Selma Unified School District Sequoia Union High School District Shasta County Office of Education Siskiyou County Office of Education Small School Districts Association Solano Beach School District Solano County Office of Education Sonoma County Office of Education Southern Kern Unified School District Sundale Union Elementary School District Three Rivers Unified School District Trinity Alps Unified School District Tulare County Office of Education Twin Rivers Unified School District Upland Unified School District Ventura Unified School District Visalia Unified School District Washington Colony Elementary School District William S. Hart Union High School District Wilson School District PQ:do 6/25/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****