BILL NUMBER: SB 565	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

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 amended, Knight. Public school volunteers.
   Existing law authorizes the governing board  of any school
district  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  school  district to perform
noninstructional work that serves to assist the certificated
personnel of the  school  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  or parole  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 identified in paragraph (2), may be permitted by the
governing board of 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. 
   (D) A person who is on parole. 
   (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 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  or parole
 .
   (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 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.