BILL NUMBER: AB 940 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Morrell
FEBRUARY 22, 2013
An act to amend Section 52324 of the Education Code,
relating to career technical education. An act to
amend Section 35021 of the Education Code, relating to school
volunteers.
LEGISLATIVE COUNSEL'S DIGEST
AB 940, as amended, Morrell. Regional occupational
centers and programs: attendance computation. Schools:
volunteers: school facility maintenance or improvement.
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.
This 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.
Existing 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.
This 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.
Existing 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.
This bill would make nonsubstantive changes to that provision
regarding the attendance computation.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35021 of the
Education Code is amended to read:
35021. (a) Notwithstanding any other law, any person, except a
person required to register as a sex offender pursuant to Section 290
of the Penal Code, may be permitted by the governing board of
any a school district to perform the
duties specified in Section 44814 or 44815, or to serve as a
nonteaching volunteer aide under the immediate supervision and
direction of the certificated personnel of the district to perform
noninstructional work which that serves
to assist the certificated personnel in performance of teaching and
administrative responsibilities. With respect to this
noninstructional work, the nonteaching volunteer aide shall serve
without compensation of any type or other benefits accorded to
employees of the district, except as provided in Section 3364.5 of
the Labor Code.
(b) No district may abolish
Notwithstanding any of its classified positions and
utilize volunteer aides, other law, any person, except
a person required to register as authorized herein,
in lieu of classified employees who are laid off as a result of
a sex offender pursuant to Section 290 of the Penal
Code, may be permitted by the abolition
governing board of a position. A school
district to volunteer time or resources under the
supervision of a district employee for the maintenance or improvement
of a school facility. With respect to this work, the volunteer
shall not refuse serve without compensation
of any type or other benefits accorded to employ a
person in a vacant classified position and use volunteer aides in
lieu employees of the district, except as provided in
Section 3364.5 of filling the
classified position. Labor Code.
(c) Notwithstanding any other law, a collective bargaining
agreement entered into after January 1, 2014, shall not prohibit a
school district from using or encouraging volunteers pursuant to this
section or any other section permitting or encouraging volunteers to
participate in a school.
(c)
(d) It is the intent of the Legislature to permit
a school districts district to
use volunteer aides volunteers to
enhance its educational program or facilities but not to
permit encourage displacement of
classified employees nor to allow encourage
districts to utilize use
volunteers in lieu of normal employee requirements.
(e) For purposes of this section "school district" includes any
county office of education or charter school.
SECTION 1. Section 52324 of the Education Code
is amended to read:
52324. (a) Units of average daily attendance in the regional
occupational centers or regional occupational programs of a county
for a fiscal year are the quotient arising from dividing the total
number of days of pupil attendance in the centers, or programs,
during the fiscal year by 175.
(b) Attendance in regional occupational centers, or regional
occupational programs, operated pursuant to subdivision (a) of
Section 52305 shall be considered pupil attendance under this
section, but attendance in regional occupational centers, or regional
occupational programs, operated pursuant to subdivision (b) of
Section 52305 shall not be considered.
(c) As used in this section, "school district" includes each of
those districts that are cooperating in the maintenance of the center
or program, with the approval of the county superintendent of
schools, pursuant to Section 52301. Units of average daily attendance
of pupils residing in the school district shall be credited to the
school district.