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 seriousbegin delete or violentend delete
felony, as defined, or who is on postrelease community supervision or parole from serving as a volunteer aidebegin insert, with exceptions for a parent of a child at the school, as providedend insert. The bill would make conforming and other nonsubstantive changes.
This bill would declare that it is to take effect immediately as an urgency statute.
end insertVote: begin deletemajority end deletebegin insert2⁄3end insert.
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 abegin delete violent orend delete serious
20felony, as defined inbegin delete Section 45122.1end deletebegin insert subdivision (c) of Section
211192.7 of the Penal Codeend insert.
22(C) A person who is on postrelease community supervision.
23(D) A person who is on parole.
24(b) No district may abolish any of its classified positions and
25utilize volunteer aides, as authorized herein, in lieu of classified
26employees who are laid off as a result of the abolition of a position.
27A district shall not refuse to employ a person in a vacant classified
28position and use volunteer aides in lieu of filling the classified
29position.
30(c) The governing board of a school district may waive the
31prohibition pursuant to subparagraph (B), (C), or (D) of paragraph
32(2) of subdivision (a) for a parent of a child, currently enrolled in
33the school, if, after reviewing the circumstances on a case-by-case
34basis in
a closed session, the governing board of the school district
P3 1determines that the parent is not a threat to pupils and staff at the
2school.
3(d) The governing board of a school district may waive the
4prohibition pursuant to subparagraph (C) or (D) of paragraph
5(2) of subdivision (a) for a parent of a child, currently enrolled in
6the school, if a judge or the probation officer assigned to the parent
7certifies that the parent does not pose a threat to pupils and staff
8at the school.
9(c)
end delete
10begin insert(e)end insert It is the intent of the Legislature to permit school districts
11to use volunteer aides to enhance its educational program but not
12to permit displacement of classified employees nor to allow
13districts to utilize volunteers in lieu of normal employee
14requirements.
Section 35021.1 of the Education Code is amended to
16read:
(a) A school district or county office of education
18may request that a local law enforcement agency conduct an
19automated records check of a prospective nonteaching volunteer
20aide in order to ascertain whether the prospective nonteaching
21volunteer aide has been convicted of a sex offense, as defined in
22Section 44010, has been convicted of abegin delete violent orend delete serious felony,
23as defined inbegin delete Section 45122.1end deletebegin insert subdivision (c) of Section 1192.7 of
24the Penal Codeend insert, or is on postrelease
community supervision or
25parole.
26(b) A plea or verdict of guilty, a finding of guilt by a court in a
27trial without jury, or a conviction following a plea of nolo
28contendere shall be deemed to be a conviction within the meaning
29of this section. If the local law enforcement agency agrees to
30provide that automated records check, the results shall be returned
31to the requesting district or county office of education within 72
32hours of the written request. A local law enforcement agency may
33charge a fee to the requesting agency not to exceed the actual
34expense to the law enforcement agency.
This act is an urgency statute necessary for the
36immediate preservation of the public peace, health, or safety within
37the meaning of Article IV of the Constitution and shall go into
38immediate effect. The facts constituting the necessity are:
P4 1In order to protect the state’s school children, imminent school
2safety concerns require immediate preventative measures, and it
3is therefore necessary that this act take effect immediately.
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