BILL ANALYSIS Ó SB 326 Page 1 SENATE THIRD READING SB 326 (Beall) As Amended May 28, 2013 Majority vote SENATE VOTE :37-0 EDUCATION 7-0 PUBLIC SAFETY 5-0 ----------------------------------------------------------------- |Ayes:|Buchanan, Olsen, Chávez, |Ayes:|Ammiano, Melendez, | | |Gonzalez, Nazarian, | |Jones-Sawyer, Skinner, | | |Weber, Williams | |Waldron | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes the chief administrative official (CAO) of a school to grant a person who is required to register as a sex offender and is not a family member of a pupil who attends that school permission to come into a school building or upon the school grounds to volunteer at the school under specified conditions. Specifically, this bill : 1)Requires the CAO to, at least 14 days prior to the first date for which permission has been granted, notify the parent or guardian of each child attending the school that a person who is required to register as a sex offender has been granted permission to come into a school building or upon school grounds, the date or dates and times for which permission has been granted, and his or her right to obtain information regarding the person from a designated law enforcement entity. Requires the notice to be provided by one of the methods required for the annual parent notification. 2)Provides immunity from civil liability to any CAO or school employee who in good faith disseminates the notification and information in accordance with this bill. 3)Adds a requirement to specify the date or dates and times for which permission is granted to a person who is required to register as a sex offender to come into any school building or upon any school ground for lawful business. EXISTING LAW : SB 326 Page 2 1)Enumerates certain crimes for which a person shall be required to register as a sex offender. (Penal Code (PC) Section 290.008) 2)Specifies that any person who is required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission from the CAO of that school is guilty of a misdemeanor. Specifies that any violation shall be as follows: a) Upon a first conviction, by a fine of not exceeding $500, by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. b) If the defendant has been previously convicted once of the violation, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine not exceeding $500, and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. c) If the defendant has been previously convicted two or more times of the violation, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine not exceeding $500, and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. (PC Section 626.81) 3)Defines "CAO" for a school as the principal of the school, a person who possesses a standard supervision credential or a standard administrative credential and who is designated by the principal, or a person who carries out the same functions as a person who possesses a credential and who is designated by the principal. (PC Section 626) 4)Specifies that, notwithstanding any other law, any person, except a person required to register as a sex offender, may be permitted by the governing board of any school district to perform the duties related to supervising pupils during breakfast, lunch or other nutrition period, or to serve as a nonteaching volunteer aide. (Education Code (EC) Section 35021) SB 326 Page 3 5)Provides parents and guardians with the right to participate in the education of their children in specified ways, including the opportunity to volunteer their time and resources for the improvement of school facilities and programs under the direct supervision of district employees. Specifies that school districts are not authorized to permit participation by a parent or guardian if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction. (EC Section 51101) FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : An individual who is convicted of specified sex-related offenses is required to register with the local city police department or the county sheriff's office in which he or she is residing for the rest of his or her life. According to the Department of Justice, there are about 75,000 registered sex offenders living in the state. Under current law, any person who is required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission from the CAO (principal or principal's designee) of that school is guilty of a misdemeanor and may be imposed with a fine and imprisonment. This bill requires the authorization by the CAO to indicate the date or dates and times for which permission is granted. This bill also authorizes a CAO to allow a person who is required to register as a sex offender and who is not a family member of a pupil who attends that school to volunteer at the school if the CAO sends a notification to all the parents and guardians at the school at least 14 days prior to the date permission is granted informing parents of the authorization and their right to obtain information regarding the person from a designated law enforcement entity. The method for the notification would be the same methods used to provide the annual parent notification of the rights of parents, which includes regular mail, an electronic method if requested by the parent or guardian, or any other method normally used to SB 326 Page 4 communicate with parents or guardians in writing. The bill does not specify what actions must be taken or not taken if there is objection by parents or guardians. The CAO will continue to have authority to authorize a person who is required to register as a sex offender to enter school grounds for "lawful business," whether or not the individual is a family member of a pupil enrolled at the school. The CAO will also continue to have authority to determine what constitutes "lawful business." Under current law, parents and guardians of pupils have a right to participate in the education of their children (e.g., attend special education hearings, parent-teacher conferences, expulsion hearings, etc.). According to the Association of California School Administrators, when notified that a parent or guardian of a pupil is a person who must register as a sex offender, principals honor the right of the parent or guardian by making accommodations as to the place and time the parent or guardian may participate in his or her child's education. For example, a principal may make alternative drop off and pick up arrangements, schedule meetings after school, or escort the parent or guardian in and out of a school site. According to the Senate Public Safety Committee, a newspaper article indicates that this bill was introduced due to parent outrage over a parochial school event at which a convicted sex offender was allowed to volunteer, with a permission slip from the Diocese of San Jose. It is unclear whether there have been similar problems at public schools. According to the author's office, the notification requirement may reduce the number of such authorizations. The author states, "This bill ensures that parents are aware that the individual will be on the premises ahead of time. Parental notification of a sex offender on campus gives parents the opportunity to take precautionary measures if they have question regarding their child's safety." This bill raises the following policy considerations: Should an individual who is required to register as a sex offender be prohibited from volunteering at school community activities if the offense occurred many years ago and the individual has not committed any other offenses? While this bill does not revoke a SB 326 Page 5 principal's authority to enter a school campus for purposes of volunteering, does it do so as a practical matter because of either the costs involved with providing the required notification, or due to fear of retribution from the parents of the pupils? Alternatively, rather than requiring a principal to send a campus wide notification that may result in targeting of the individual, should an individual who is required to register as a sex offender who is not a family member of a pupil be prohibited from volunteering? Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0001694