BILL ANALYSIS                                                                                                                                                                                                    



                                                                 AB 13
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         ASSEMBLY THIRD READING
         AB 13 (Knight)
         As Amended  May 11, 2011
         Majority vote 

          EDUCATION           6-3         APPROPRIATIONS      10-1         
          
          ------------------------------------------------------------------- 
         |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                    |
         |     |                          |     |                            |
          ------------------------------------------------------------------- 
          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 







                                                                 AB 13
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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