BILL ANALYSIS
AB 1025
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1025 (Conway)
As Amended August 31, 2009
Majority vote
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|ASSEMBLY: |78-0 |(May 26, 2009) |SENATE: |40-0 |(September 4, |
| | | | | |2009) |
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Original Committee Reference: ED.
SUMMARY : Authorizes the Commission on Teacher Credentialing
(CTC) to issue an Activity Supervisor Clearance (ASC)
Certificate to allow non-credentialed individuals, in a paid or
volunteer capacity, to supervise, direct, or coach a pupil
activity program, as specified.
The Senate amendments clarify the procedure for the CTC and the
Department of Justice (DOJ) to process applicant fingerprints
and criminal history records.
AS PASSED BY THE ASSEMBLY , this bill was substantively similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable General Fund costs to the CTC to
process ASC certificates, as specified. According to the CTC,
each applicant will be charged a $106 fee. Of the amount, $55
is for the CTC application fee, which will cover the majority of
CTC's administrative costs, approximately $32 to DOJ, and $19 to
the Federal Bureau of Investigations to cover the costs of
fingerprinting and the background check. Minor, absorbable,
increased administrative costs to the CTC to conduct more
discipline hearings associated with issuing a new certificate.
COMMENTS : Under existing law, coaches who are hired by a school
district are fingerprinted and have their background checked.
There are coaches, however, who are not hired by a school
district and are instead hired by a school's booster club or
simply volunteer and are never hired by a school district.
Coaches that are never hired by a school district are not finger
printed and do not receive a background check before they work
with students. Under this measure, all coaches, regardless of
AB 1025
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whether or not they are hired by a school district, will be
required to be fingerprinted and have their background checked
to obtain an ASC certificate.
According to the author, volunteer coaches are not required to
be fingerprinted or have their background checked before working
with students. This poses a serious and immediate threat to
California's school aged youth. It is extremely dangerous to
have people who may have been convicted of dealing drugs to be
working with and influencing our children. This bill will
protect children by requiring coaches to obtain an ASC
certificate before working as a coach.
Pleas of nolo contendere: Under the Education Code, statutes
dealing with employment and licensing treat "no contest" pleas
as guilty pleas, and if credential holders are convicted of
certain crimes, their credentials are immediately suspended or
revoked. There is one exception, in cases of a "no contest"
conviction to a violation of Penal Code Section 647 (d), the
credential is not immediately revoked and instead there is a
discretionary review by the CTC. This exception would also
apply to coaches under the provisions of this bill.
Mandatory offenses and discretionary review: Several sections
of the Education Code currently deal with criminal offenses
requiring revocation or suspension of teaching credentials.
Education Code Section 44424 lists specific felonies and
misdemeanors and violent/serious felonies. Education Code
Section 44010 lists specified sex offenses and Education Code
Section 44011 lists controlled substance offenses. Under
current law a conviction of any of the felonies listed in
Education Code Section 44424 results in a mandatory revocation.
Credential holders who are convicted of these offenses, except
those that require the applicant to register as a sex offender,
become eligible to receive a discretionary review by the CTC if
they obtain an expungement pursuant to Penal Code Section
1203.4.
Offenses that do not require mandatory revocation of teaching
credentials receive a discretionary review by the CTC and action
is taken by the Committee of Credentials (COC) based on the
facts and circumstances of the case. According to the CTC, the
discretionary review process begins with a review by the CTC
staff, followed by a review of the COC. After the first review
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by the COC, the committee may decide to end the review process
or move the case forward for a formal review by the committee.
At the formal review by the committee, the credential holder may
appear and present their case. After the formal review, the
committee may issue a decision for disciplinary action for the
credential holder and the person has 30 days to accept the
discipline or request an Administrative hearing by an
independent Administrative Law Judge. After the Judge makes a
decision, the COC can either accept that decision or reject the
decision and impose the committee's disciplinary action.
Other state policies: Ohio requires all non-certificated
coaches to obtain a "Pupil Activity Supervisor Permit" issued by
the Ohio State Department of Education before serving as a coach
in a public school. The pupil activity permit requires the
applicant to provide fingerprints for a criminal history
background check and prohibits people with convictions of
certain drug and sex offenses from serving as a coach.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0002834