AB 940,
as amended, Morrell. begin deleteRegional occupational centers and programs: attendance computation. end deletebegin insertSchools: volunteers: school facility maintenance or improvement.end insert
Existing law authorizes the governing board of any school district to permit a person, except a person required to register as a sex offender, as specified, to volunteer to supervise pupils during the school lunch period or any breakfast period or nutrition period, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district, as specified. Existing law prohibits a school district from abolishing any of its classified positions and utilizing those volunteers for those services in place of classified employees laid off as a result of the abolition of a position.
end insertbegin insertThis bill would delete this prohibition. The bill would authorize the governing board of a school district, as defined, to permit a person, except a person required to register as a sex offender, as specified, to volunteer time or resources under the supervision of a district employee for the maintenance or improvement of a school facility, as provided. The bill would prohibit a collective bargaining agreement entered into after January 1, 2014, from prohibiting a school district from using volunteers.
end insertbegin insertExisting law provides that it is the intent of the Legislature to permit a school district to use volunteer aids to enhance its educational program but not to permit displacement of classified employees nor to allow a district to utilize volunteers in lieu of normal employee requirements.
end insertbegin insertThis bill would instead state that it is the intent of the Legislature to permit a school district to use volunteers to enhance its educational program or facilities but not to encourage displacement of classified employees nor to encourage districts to use volunteers in lieu of normal employee requirements.
end insertExisting law authorizes the county superintendent of schools of each county, with the consent of the State Board of Education, to establish and maintain, or with one or more counties to establish and maintain, a regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. For purposes of funding apportionments, existing law specifies the computation for determining units of average daily attendance in the regional occupational centers or regional occupational programs of a county for a fiscal year.
end deleteThis bill would make nonsubstantive changes to that provision regarding the attendance computation.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 35021 of the end insertbegin insertEducation
Codeend insertbegin insert is amended
2to read:end insert
(a) Notwithstanding any other law, any person, except
4a person required to register as a sex offender pursuant to Section
5290 of the Penal Code, may be permitted by the governing board
6ofbegin delete anyend deletebegin insert aend insert school district to perform the duties specified in Section
744814 or 44815, or to serve as a nonteaching volunteer aide under
8the immediate supervision and direction of the certificated
9personnel of the district to perform noninstructional workbegin delete whichend delete
10begin insert thatend insert serves to assist the certificated personnel in performance of
11teaching and administrative responsibilities. With respect to this
12noninstructional work, the nonteaching volunteer aide shall serve
P3 1without compensation of any type or other benefits accorded to
2employees of the district, except as provided in Section 3364.5 of
3the Labor Code.
4(b) begin deleteNo district may abolish end deletebegin insertNotwithstanding end insertanybegin delete of its classified begin insert other law, any person, except
5positions and utilize volunteer aides,end delete
6a person required to registerend insert asbegin delete authorized herein, in lieu of begin insert a sex offender
7classified employees who are laid off as a result ofend delete
8pursuant to Section 290 of the Penal Code, may be permitted byend insert
9 thebegin delete abolitionend deletebegin insert governing boardend insert of abegin delete position. Aend deletebegin insert schoolend insert districtbegin insert to
10volunteer time or resources under the supervision of a district
11employee for the maintenance or improvement of a school facility.
12With respect to this work, the volunteerend insert shallbegin delete not refuseend deletebegin insert serve
13without compensation of any type or other benefits accordedend insert to
14begin delete employ a person in a vacant classified position and use volunteer begin insert employees of the district, except as provided in Section
15aides in lieuend delete
163364.5end insert ofbegin delete fillingend delete thebegin delete classified position.end deletebegin insert Labor Code.end insert
17(c) Notwithstanding any other law, a collective bargaining
18agreement entered into after January 1, 2014, shall not prohibit
19a school district from using or encouraging volunteers pursuant
20to this section or any other section permitting or encouraging
21volunteers to participate in a school.
22 (c)
end delete
23begin insert (d)end insert It is the intent of the Legislature to permitbegin insert aend insert schoolbegin delete districtsend delete
24begin insert districtend insert to usebegin delete volunteer aidesend deletebegin insert volunteersend insert to enhance its educational
25programbegin insert or facilitiesend insert but not tobegin delete permitend deletebegin insert encourageend insert displacement of
26classified employees nor tobegin delete allowend deletebegin insert encourageend insert districts tobegin delete utilizeend deletebegin insert useend insert
27 volunteers in lieu of normal employee requirements.
28(e) For purposes of this section “school district” includes any
29county office of education or charter school.
Section 52324 of the Education Code is amended
31to read:
(a) Units of average daily attendance in the regional
33occupational centers or regional occupational programs of a county
34for a fiscal year are the quotient arising from dividing the total
35number of days of pupil attendance in the centers, or programs,
36during the fiscal year by 175.
37(b) Attendance in regional occupational centers, or regional
38occupational programs, operated pursuant to subdivision (a) of
39Section 52305 shall be considered pupil attendance under this
40section, but attendance in regional occupational centers, or regional
P4 1occupational programs,
operated pursuant to subdivision (b) of
2Section 52305 shall not be considered.
3(c) As used in this section, “school district” includes each of
4those districts that are cooperating in the maintenance of the center
5or program, with the approval of the county superintendent of
6schools, pursuant to Section 52301.
Units of average daily
7attendance of pupils residing in the school district shall be credited
8to the school district.
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