BILL NUMBER: AB 1025	CHAPTERED
	BILL TEXT

	CHAPTER  379
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  AUGUST 31, 2009
	AMENDED IN SENATE  JULY 24, 2009
	AMENDED IN ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  APRIL 30, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 27, 2009

   An act to amend Section 44258.7 of, and to add Sections 44346.5
and 49024 to, the Education Code, relating to school employees and
volunteers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1025, Conway. Schools: employees and volunteers: Activity
Supervisor Clearance Certificate.
   Existing law permits qualified credentialholders to coach in a
competitive sport upon authorization by action of the local governing
board, as specified.
   This bill would require a noncertificated candidate, commencing on
July 1, 2010, 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, to obtain from the Commission on
Teacher Credentialing an Activity Supervisor Clearance Certificate
issued by the commission upon verification of the candidate's
personal identification and verification that he or she meets
specified requirements. The bill would require that each certificate
be issued initially for a period of 5 years and provide that it may
be renewed. The bill would require the commission to submit specified
information relating to applicants to the Department of Justice to
obtain state and federal criminal history information prior to the
issuance of a certificate, as specified, and require the commission
to make that information available to the Department of Justice or
the Federal Bureau of Investigation, upon request. The bill would
also authorize the commission to establish a fee for the certificate.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44258.7 of the Education Code is amended to
read:
   44258.7.  (a) The holder of a standard secondary credential who,
prior to September 1, 1989, has taught successfully in a subject
within the department of his or her academic major or minor for a
minimum of three years, as verified by the employing school district,
may receive a supplementary authorization in that subject upon
application, payment of a fee, which shall not exceed one-half of the
regular credential fee, and evidence that one of the following has
been accomplished:
   (1) Successful completion, by September 1, 1989, of a minimum of
12 semester units, or six upper division or graduate units, of
coursework at an accredited institution in the subject.
   (2) The securing of a passing score on an examination in the
subject approved by the Commission on Teacher Credentialing.
   (3) Verification of competence in the subject matter by a subject
area specialist not associated with the employing school district.
   (b) A person who holds a teaching credential in a subject or
subjects other than physical education may be authorized by action of
the local governing board to coach one period per day in a
competitive sport for which students receive physical education
credit, provided that he or she is a full-time employee of the school
district and has completed a minimum of 20 hours of first aid
instruction appropriate for the specific sport.
   (c) A teacher employed on a full-time basis who teaches
kindergarten or any of grades 1 to 12, inclusive, and who has special
skills and preparation outside of his or her credential
authorization may, with his or her consent, be assigned to teach an
elective course in the area of the special skills or preparation,
provided that the assignment is first approved by a committee on
assignments. For purposes of this subdivision an "elective course" is
a course other than English, mathematics, science, or social
studies. The membership of the committee on assignments shall include
an equal number of teachers, selected by teachers, and school
administrators, selected by school administrators.
   (d) Assignments approved by the committee on assignments shall be
for a maximum of one school year, but may be extended by action of
the committee upon application by the schoolsite administrator and
the affected teacher. All initial assignments or extensions shall be
approved prior to the assignment or extension. Districts making
assignments under this subdivision shall submit a plan to the county
superintendent of schools which shall include, but need not be
limited to, the following:
   (1) Statements signed by the district superintendent and the
president or chairperson of the district governing board, approving
the establishment of the committee.
   (2) Procedures for selection of the committee membership.
   (3) Terms of office for committee members.
   (4) Criteria for determining teachers' qualifications for these
assignments.
   (e) The Commission on Teacher Credentialing may develop and
recommend general criteria that may be used by local committees on
assignment in assessing a candidate's qualifications.
   (f) The commission shall issue an Activity Supervisor Clearance
Certificate to candidates serving in a position pursuant to
subdivision (a) of Section 49024 upon verification of the candidate's
personal identification and verification that the candidate meets
all professional requirements pursuant to Sections 44339, 44340,
44341, and 44346.5. Each certificate shall be issued initially for a
five-year period and may be renewed. The commission shall establish a
fee for the Activity Supervisor Clearance Certificate.
  SEC. 2.  Section 44346.5 is added to the Education Code, to read:
   44346.5.  (a) The Commission on Teacher Credentialing shall submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of all individuals,
as described in subdivision (a) of Section 49024, for the purposes
of obtaining information as to the existence and content of a record
of state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the individual is free on bail or on his or her recognizance pending
trial or appeal.
   (b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the commission.
   (c) The Department of Justice shall provide a state and federal
level response to the commission pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
   (d) The commission shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for individuals described in
subdivision (a) of Section 49024.
   (e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
   (f) (1) If a denial of an application for a certificate is due at
least in part to the individual's state or federal criminal history
record, the commission shall provide to the individual a copy of his
or her criminal history record search response with the notice of the
denial.
   (2) The state or federal criminal history record search response
shall not be modified or altered from its form or content as provided
by the Department of Justice.
   (3) The criminal history record search response shall be provided
in such a manner as to protect the confidentiality and privacy of the
individual's criminal history record and the criminal history record
search response shall not be made available by the commission to any
school district or county office of education.
   (4) The commission shall retain a copy of the individual's
criminal history record search response, and the date and the address
to which it was sent. The commission shall make this information
available upon request by the Department of Justice or the Federal
Bureau of Investigation.
  SEC. 3.  Section 49024 is added to the Education Code, to read:
   49024.  (a) 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, 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 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.
   (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 shall become operative on July 1, 2010.