BILL ANALYSIS Ó
AB 13
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 13 (Knight) - As Amended: May 11, 2011
Policy Committee: Education
Vote:6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes a school district, county office of
education (COE), or a charter school to request a local law
enforcement agency conduct an automated records check of a
prospective nonteaching volunteer aide (NTVA) to determine
whether the aide has been convicted of any sex, controlled
substance, or violent/serious offense as defined under current
statute. This measure also establishes a five-year wash out
period for individuals convicted of specified offenses
(excluding sex offenses), which allows him or her to serve as
NTVA five years after the date of the conviction. Specifically,
this bill:
1)Prohibits a person from serving as an NTVA, if he or she (as
an employee of a school district, COE, or charter school)
would be prohibited from employment due to conviction of a sex
offense or a violent or serious felony as specified under
existing law.
2)Prohibits an individual from serving as an NTVA until five
years after the date of his or her conviction of all offenses
specified in the bill, except those requiring registry as a
sex offender, who would never be authorized to serve as a
NTVA.
3)Requires COEs and charter schools to comply with automated
records checks for NTVAs, including coaching. This measure
also requires charter schools to comply with automated records
check statute for employees, as specified.
FISCAL EFFECT
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1)Minor absorbable costs to school districts, COEs, and charter
schools that choose to conduct an automated records check of
NTVAs, as specified. Current law authorizes school districts
to conduct a check for sex offenses. In most cases, the NTVA
pays all or part of the automated records check fee. It costs
approximately $32 to the Department of Justice (DOJ), and $19
to the Federal Bureau of Investigations to cover the costs of
fingerprinting and the background check.
2)Potential one-time GF/98 cost pressure to charter schools,
likely less than $100,000, to develop initial systems to
ensure employees and paid volunteers serving in a coaching
capacity comply with automated record checks. In most cases,
individuals pay all or part of the automated records check
fee, as referenced above. According to a May 2006 decision by
the Commission on State Mandates (CSM), charter schools are
not eligible to claim mandate reimbursements. In denying
charter schools' mandate claims, the CSM repeatedly cites the
fact that charter schools are "voluntarily" created.
COMMENTS
1)Purpose . Current law authorizes any person (except if he or
she is a registered sex offender) to supervise pupils during
breakfast, lunch or other nutrition period, or to serve as an
NTVA. Statute also specified that individuals in this capacity
are required to be under the immediate supervision and
direction of certificated personnel of the school district to
perform non-instructional work, as specified.
Existing law also authorizes school districts to conduct an
automated records check of NTVAs to determine whether the
individual has been convicted of a sex offense. Current
statute does not explicitly authorize this check of NTVAs for
other offenses, including controlled substances and other
felonies, as specified. According to the author, "Local school
districts have reported instances where parents of students
offer to volunteer in the classroom, on field trips and/or for
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other district activities. However, when a district has run
their fingerprints, per normal procedure, the DOJ report comes
back showing convictions for offenses that would prohibit the
district, under current law, from employing them, but does not
prohibit them from volunteering."
2)Under existing law , DOJ makes criminal history information
available to the Commission on Teacher Credentialing (CTC) and
employing school districts upon the submission of fingerprint
information at the time of hire.
AB 1025 (Conway), Chapter 379, Statutes of 2009, authorizes
the CTC to issue an Activity Supervisor Clearance Certificate
to non-credentialed individuals, in a paid volunteer capacity,
to supervise or coach a pupil activity program, as specified.
3)Opposition . Opponents (Public Advocates, the American Civil
Liberties Union (ACLU), East Bay Community Law Center, and
Parent Leadership Action Network - Bay Area PLAN) argue this
bill encroaches on a parent's civil rights to participate in
their child's education. Specifically, they state: "AB 13
will bar parents from meaningful participation in their
children's education. Such an erosion of civil rights should
not occur without facts to support the policy. In addition,
excluding people with certain convictions from volunteering
will disparately impact low-income communities and communities
of color because of the racial disparities in the criminal
justice system. Parent participation improves academic
outcomes for individual children as well as improving school
safety - a benefit to the community as a whole. In the most
recent National Household Education Survey, conducted by the
United States Department of Education, almost half of all
parents reported volunteering or serving on a committee at
their child's school. (Safe and Participatory Public Schools).
For Bay Area PLAN members, this is one of the most important
ways they help their children succeed in school."
4)Previous legislation . AB 2034 (Knight), similar to this bill
(without the five-year wash out provisions), was held never
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head by the Senate Education Committee.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081