SB 565, as introduced, Knight. Public school volunteers.
Existing law authorizes the governing board to permit any person, except a person required to register as a sex offender, to serve as a nonteaching volunteer aide under the immediate supervision and direction of certificated personnel of the district to perform noninstructional work that serves to assist the certificated personnel of the district in their teaching and administrative responsibilities. Existing law authorizes a school district or county office of education to request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of a sex offense.
This bill would also prohibit a person who has been convicted of a serious or violent felony, as defined, or who is on postrelease community supervision from serving as a volunteer aide. The bill would make conforming and other nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 35021 of the Education Code is amended
2to read:
(a) begin insert(1)end insertbegin insert end insert Notwithstanding any other law, any person,
2except a personbegin delete required to register as a sex offender pursuant to begin insert identified in paragraph (2)end insert, may
3Section 290 of the Penal Codeend delete
4be permitted by the governing board ofbegin delete anyend deletebegin insert aend insert school district to
5perform the duties specified in Section 44814 or 44815, or to serve
6as a nonteaching volunteer aide under the immediate supervision
7and direction of the certificated personnel of the district to perform
8noninstructional work which serves to assist the certificated
9personnel in performance of teaching and administrative
10responsibilities. With respect to this noninstructional work, the
11nonteaching volunteer aide shall serve without compensation of
12any type or other benefits accorded to employees of the district,
13except as provided in Section 3364.5 of the Labor Code.
14(2) The following persons shall not be permitted to serve as a
15volunteer:
16(A) A person required to register as a sex offender pursuant to
17Section 290 of the Penal Code.
18(B) A person who has been convicted of a violent or serious
19felony, as defined in Section 45122.1.
20(C) A person who is on postrelease community supervision.
end insert
21(b) No district may abolish any of its classified positions and
22utilize volunteer aides, as authorized herein, in lieu of classified
23employees who are laid off as a result of the abolition of a position.
24A district shall not refuse to employ a person in a vacant classified
25position and use volunteer aides in lieu of filling the classified
26position.
27(c) It is the intent of the Legislature to permit school districts
28to use volunteer aides to enhance its educational program but not
29to permit displacement of classified employees nor to allow
30districts to utilize volunteers in lieu of normal employee
31requirements.
Section 35021.1 of the Education Code is amended to
33read:
begin insert(a)end insertbegin insert end insert A school district or county office of education
35may request that a local law enforcement agency conduct an
36automated records check of a prospective nonteaching volunteer
37aide in order to ascertain whether the prospective nonteaching
38volunteer aide has been convicted ofbegin delete anyend deletebegin insert aend insert sex offensebegin insert,end insert
as defined
39in Section 44010begin insert, has been convicted of a violent or serious felony,
P3 1as defined in Section 45122.1, or is on postrelease community
2supervisionend insert.begin delete Aend delete
3begin insert(b)end insertbegin insert end insertbegin insertAend insert
plea or verdict of guilty, a finding of guilt by a court in a
4trial without jury, or a conviction following a plea of nolo
5contendere shall be deemed to be a conviction within the meaning
6of this section. If the local law enforcement agency agrees to
7provide that automated records check, the resultsbegin delete therefromend delete shall
8be returned to the requesting district or county office of education
9within 72 hours of the written request. A local law enforcement
10agency may charge a fee to the requesting agency not to exceed
11the actual expense to the law enforcement agency.
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