BILL NUMBER: SB 565	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Knight

                        FEBRUARY 22, 2013

   An act to amend Sections 35021 and 35021.1 of the Education Code,
relating to public school volunteers.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 35021 of the Education Code is amended to read:

   35021.  (a)  (1)    Notwithstanding any other
law, any person, except a person  required to register as a
sex offender pursuant to Section 290 of the Penal Code  
identified in paragraph (2)  , 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 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. 
   (2) The following persons shall not be permitted to serve as a
volunteer:  
   (A) A person required to register as a sex offender pursuant to
Section 290 of the Penal Code.  
   (B) A person who has been convicted of a violent or serious
felony, as defined in Section 45122.1.  
   (C) A person who is on postrelease community supervision. 
   (b) No district may abolish any of its classified positions and
utilize volunteer aides, as authorized herein, in lieu of classified
employees who are laid off as a result of the abolition of a
position. A district shall not refuse to employ a person in a vacant
classified position and use volunteer aides in lieu of filling the
classified position.
   (c) It is the intent of the Legislature to permit school districts
to use volunteer aides to enhance its educational program but not to
permit displacement of classified employees nor to allow districts
to utilize volunteers in lieu of normal employee requirements.
  SEC. 2.  Section 35021.1 of the Education Code is amended to read:
   35021.1.   (a)    A school district or county
office of education may 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  any
  a  sex offense  ,  as defined in Section
44010  , has been convicted of a violent or serious felony, as
defined in Section 45122.1, or is on postrelease community
supervision  .  A 
    (b)     A  plea or verdict of guilty,
a finding of guilt by a court in a trial without jury, or a
conviction following a plea of nolo contendere shall be deemed to be
a conviction within the meaning of this section. If the local law
enforcement agency agrees to provide that automated records check,
the results  therefrom  shall be returned to the
requesting district or county office of education within 72 hours of
the written request. A local law enforcement agency may charge a fee
to the requesting agency not to exceed the actual expense to the law
enforcement agency.