SB 565, as amended, Knight. Public school volunteers.
Existing law authorizes the governing boardbegin insert of any school districtend insert 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 thebegin insert schoolend insert district to perform noninstructional work that serves to assist the certificated personnel of thebegin insert schoolend insert 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 supervisionbegin insert or paroleend insert 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) (1) Notwithstanding any other law, any person,
4except a person identified in paragraph (2), may be permitted by
5the governing board of a school district to perform the duties
6specified in Section 44814 or 44815, or to serve as a nonteaching
7volunteer aide under the immediate supervision and direction of
8the certificated personnel of the district to perform noninstructional
9work which serves to assist the certificated personnel in
10performance of teaching and administrative responsibilities. With
11respect to this noninstructional work, the nonteaching volunteer
12aide shall serve without compensation of any type or other benefits
13accorded to
employees of the district, except as provided in Section
143364.5 of the Labor Code.
15(2) The following persons shall not be permitted to serve as a
16volunteer:
17(A) A person required to register as a sex offender pursuant to
18Section 290 of the Penal Code.
19(B) A person who has been convicted of a violent or serious
20felony, as defined in Section 45122.1.
21(C) A person who is on postrelease community supervision.
begin insert22(D) A person who is on parole.
end insert
23(b) No
district may abolish any of its classified positions and
24utilize volunteer aides, as authorized herein, in lieu of classified
25employees who are laid off as a result of the abolition of a position.
26A district shall not refuse to employ a person in a vacant classified
27position and use volunteer aides in lieu of filling the classified
28position.
29(c) It is the intent of the Legislature to permit school districts
30to use volunteer aides to enhance its educational program but not
31to permit displacement of classified employees nor to allow
32districts to utilize volunteers in lieu of normal employee
33requirements.
Section 35021.1 of the Education Code is amended to
35read:
(a) A school district or county office of education
37may request that a local law enforcement agency conduct an
38automated records check of a prospective nonteaching volunteer
P3 1aide in order to ascertain whether the prospective nonteaching
2volunteer aide has been convicted of a sex offense, as defined in
3Section 44010, has been convicted of a violent or serious felony,
4as defined in Section 45122.1, or is on postrelease community
5supervisionbegin insert or paroleend insert.
6(b) A plea or verdict of guilty, a finding of guilt by a court in a
7trial without jury, or a
conviction following a plea of nolo
8contendere shall be deemed to be a conviction within the meaning
9of this section. If the local law enforcement agency agrees to
10provide that automated records check, the results shall be returned
11to the requesting district or county office of education within 72
12hours of the written request. A local law enforcement agency may
13charge a fee to the requesting agency not to exceed the actual
14expense to the law enforcement agency.
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