BILL ANALYSIS Ó
AB 13
Page 1
ASSEMBLY THIRD READING
AB 13 (Knight)
As Amended May 11, 2011
Majority vote
EDUCATION 6-3 APPROPRIATIONS 10-1
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|Ayes:|Brownley, Norby, |Ayes:|Harkey, Blumenfield, |
| |Buchanan, Halderman, | |Charles Calderon, Donnelly, |
| |Wagner, Williams | |Gatto, Hill, Nielsen, |
| | | |Norby, Solorio, Wagner |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Ammiano, Butler, Carter |Nays:|Mitchell |
| | | | |
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SUMMARY : Prohibits school districts, county offices of education
(COEs), or charter schools that elect to fingerprint volunteers from
allowing individuals who have been convicted of specific felony drug
offenses that involve minors or violent offenses to volunteer in
schools for five years from the date of conviction, and requires
charter schools to comply with existing fingerprinting laws.
Specifically, this bill :
1)Specifies that any person who would be prohibited from employment
in a school district due to a conviction of a felony drug offense
that involves a minor or violent offense shall also be prohibited
from serving as a nonteaching volunteer aide (NTVA) at a district,
COE, or a charter school for five years from the date of
conviction.
2)Requires charter schools to comply with existing employment
prohibitions due to convictions of sex, drug or violent offenses;
and, requires charter schools to comply with provisions regarding
fingerprinting for pupil activity supervisors.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor absorbable costs to school districts, COEs, and charter
schools that choose to conduct an automated records check of NTVAs,
as specified. Potential one-time General Fund (Proposition 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.
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COMMENTS :
Background regarding NTVAs. NTVAs are under the immediate
supervision and direction of certificated personnel of a district
and are generally parents who choose to volunteer in their child's
classroom, in the school office, or for school field trips. Current
law authorizes any individual to volunteer in school districts,
unless that individual is a registered sex offender. Current law
also authorizes school districts to fingerprint NTVAs to ascertain
whether the prospective volunteer has been convicted of certain sex
offenses that would prohibit employment of that individual by the
school district. In practice, many school districts require
volunteers to be fingerprinted; however, there is no state statutory
requirement for districts to do so.
The intent of this bill is to prohibit districts from allowing
individuals from volunteering in schools, if the district chooses to
fingerprint them, and finds that they have been convicted of the
same sex offenses, felony drug offenses that involve minors and
violent/serious offenses that would prohibit that person from
otherwise being employed by the school district. This bill would
authorize individuals to volunteer in schools who have been
convicted of felony drug offenses that involve minors and
violent/serious offenses, when those convictions occurred more than
five years in the past. This will provide a five-year "wash-out"
for individuals convicted of felony drug offenses involving minors
and violent/serious offenses and allow them to volunteer in schools
after five-years has elapsed from the conviction.
According to the author, local school districts have reported
instances where parents of students and other individuals will offer
to volunteer in their child's classroom, on field trips and/or for
other district activities. However, when the district has run their
fingerprints, the Department of Justice 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. While school districts want to encourage parents to
participate in their children's education, they must at the end of
the day ensure the safety of all students, staff and other district
visitors.
Employment Prohibition. Several sections of the Education Code (EC)
currently deal with criminal offenses that prohibit individuals from
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being employed by school districts. EC Section 45122.1 lists
specific felonies and misdemeanors and violent/serious felonies that
prohibit classified staff from being employed by school districts.
EC Section 44010 lists specified sex offenses and EC Section 44011
lists controlled substance offenses. Both EC Section 44010 and
44011 are included in EC Section 44836, which prohibits anyone
convicted of these offenses from being employed by a school
district. Individuals who are convicted of these offenses, except
those that require the applicant to register as a sex offender,
become eligible for school district employment if they obtain an
expungement pursuant to Penal Code Section 1203.4. By referencing
these same employment code sections, NTVAs will also be provided the
same opportunity to expunge their record under Penal Code Section
1203.4.
Arguments in support: According to the California School Employees
Association, "Conforming safeguards regarding volunteers to those
that already exist for employees, as well as ensuring that such
protections apply to charter schools, will ensure the safety of all
students, staff and volunteers in California's public schools."
Arguments in opposition: According to Public Advocates, East Bay
Community Law Center, Legal Services for Prisoners with Children,
American Civil Liberties Union, Bay Area Parent Leadership Action
Network and the National Employment Law Project, " AB 13 would
prohibit parents and other community volunteers from helping out in
classrooms and on school field trips if they have certain drug or
any "serious and violent felony" convictions. AB 13 encroaches on
parent's civil rights without any data demonstrating it will impact
school safety. 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."
Related legislation: AB 2034 (Knight) of 2009, which failed passage
in the Senate Education Committee, would have prohibited school
districts, COEs, or charter schools that elect to fingerprint
volunteers from allowing individuals who have been convicted of
specific sex, drug or violent offenses to volunteer in schools, and
required charter schools to comply with existing fingerprinting
laws.
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Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087 FN:
0000872