BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2012-13 Regular Session
BILL NO: SB 565
AUTHOR: Knight
AMENDED: April 1, 2013
FISCAL COMM: Yes HEARING DATE: April 3, 2013
URGENCY: No CONSULTANT:Lenin Del Castillo
NOTE : This bill has been referred to the Committees on
Education and Public
Safety. A "do pass" motion should include referral
to the Committee on
Public Safety.
SUBJECT : Public School Volunteers.
SUMMARY
This bill narrows the list of persons eligible to serve as
nonteaching volunteer aides in schools by prohibiting
individuals who have been convicted of certain violent or
serious felonies or that are on post release community
supervision or parole. This bill also authorizes a school
district or county office of education to request a local
law enforcement agency to conduct an automated criminal
records check of a prospective nonteaching volunteer to
determine whether he or she has been convicted of certain
violent or serious felonies or on post release community
supervision or parole.
BACKGROUND
Existing law provides parents and guardians with certain
rights, including the right to volunteer their time and
resources for the improvement of school facilities and
programs under the direct supervision of district
employees, including but not limited to providing
assistance in the classroom with the approval of and under
the direct supervision of the teacher. In adopting
policies that outline the manner in which parents or
guardians, school staff, and pupils may share
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responsibility for the intellectual, physical, emotional,
and social development and well-being of pupils, school
district governing boards must specify the manner in which
the parents and guardians of pupils may support the
learning environment, including volunteering in their
children's classrooms or for other activities at the
school. School districts are not authorized to permit
participation by a parent or guardian if it conflicts with
a valid restraining order, protective order, or order for
custody or visitation issued by a court of competent
jurisdiction. (Education Code � 51101)
Existing law also prohibits public and private schools from
employing individuals in non-certificated positions without
first conducting a criminal background check of the
individual. Further, existing law provides that employees
of entities that provide certain contracted services to
school districts who may come into contact
with pupils to be fingerprinted and prohibits employees of
those entities from coming into contact with pupils if they
have been convicted of a serious or violent felony. (EC �
45125 and � 45125.1)
A school district or county office of education (COE) 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 individual
has been convicted of any sex offense. If the local law
enforcement agency agrees to provide that automatic record
check, the results must be returned to the requesting
district or COE within 72 hours of the written request.
(EC � 35021.1)
Under existing law, sex offender registrants, whose sex
crime was against a victim under age 16, are prohibited
from working as an employee or volunteer with minors if the
registrants would be working with minors directly and in an
unaccompanied setting on more than an incidental or
occasional basis or would have supervisory or disciplinary
power over the child. If a registrant's crime was not
against a victim under age 16, the registrant must notify
the employer or volunteer organization of his status as a
registrant. Failure to comply with this law is a
misdemeanor offense. (Penal Code � 290.95)
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Current law specifies when a school district or COE
requests from the Department of Justice (DOJ), records
involving criminal offenses committed by a prospective
volunteer, the school district or COE may request that the
DOJ provide subsequent arrest notification service and
specifies that the DOJ shall comply with that request. (EC
� 35021.2)
Existing law prohibits the governing board of a school
district from employing or retaining employment of the
following persons:
Persons who have been convicted of a violent or
serious felony unless the person has obtained a
certificate of rehabilitation and pardon.
(EC � 45122.1)
Persons who have been convicted of specified sex
offenses unless the conviction was reversed, the
person was acquitted, or the conviction was dismissed
pursuant to Section 1203.4 of the Penal Code.<1> (EC
� 44836)
Persons who have been convicted of specified drug
offenses unless the conviction is reversed, the person
is acquitted, or the charges are dismissed. (EC �
44836)
Existing law also requires individuals assuming a paid or
volunteer position to supervise, direct, or coach a pupil
activity program sponsored by a school district to obtain
an Activity Supervisor Clearance Certificate from the
Commission on
Teacher Credentialing (who conducts a criminal background
check prior to issuing the certificate). (EC � 49024)
ANALYSIS
-------------------------
<1> Penal Code � 1203.4 provides a process by which
individuals as specified, who have fulfilled the conditions
of their probation or been discharged prior to the
termination of the period of probation, may petition the
court for a dismissal of the accusations.
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This bill prohibits a person who has been convicted of
certain violent or serious felonies, as defined in
Education Code � 45122.1, or that is on post release
community supervision or parole from serving as a
nonteaching volunteer aide in schools. The violent and
serious felonies include murder or involuntary
manslaughter, robbery, kidnapping, and arson. In addition,
this bill authorizes a school district or county office of
education to request a local law enforcement agency to
conduct an automated records check of a prospective
nonteaching volunteer aide in order to ascertain whether
the individual has been convicted of certain violent or
serious felonies, as defined in Education Code � 45122.1,
or if the individual is on post release community
supervision or parole.
STAFF COMMENTS
1) Need for the bill : According to the author's office,
many schools encourage family members to participate
in their child's education by volunteering in the
classroom, attending field trips, or other district
activities. School districts routinely require the
volunteers to undergo a criminal background screening
in order to ensure the safety of their pupils.
However, the screening may reveal convictions for
offenses that would prohibit the district from
employing the individual but not prohibit the district
from allowing those individuals to volunteer.
According to the author's office, by prohibiting
individuals who have been convicted of certain crimes
from serving as a volunteer aide, this bill would
provide a layer of protection and maintain schools as
a safe haven for children. In order for districts to
continue encouraging parental participation, they
believe that districts must be able to guarantee the
safety of all students, staff, and other district
visitors.
2) Automated records check . The California Department of
Justice (DOJ) provides an automated service for
criminal history background checks that may be
required as a condition of employment, licensing,
certification, foreign adoptions, or VISA/Immigration
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clearances. The Criminal Offender Record Information
system is based on fingerprints that are transmitted
digitally to the DOJ. According to the DOJ, because
this bill authorizes the automated records check to be
conducted by local law enforcement agencies, there
would likely be additional criminal history name
searches accomplished through the California Law
Enforcement Telecommunications Report (CLETS). The
CLETS is a non-fingerprint based system that provides
all criminal history (not just the offenses specified
in this bill). Could a name-based records review
result in the disqualification of a parent due to
mistaken identity? Could this requirement create an
extra burden for local law enforcement agencies
that would have to review the records in order to
disclose only the convictions specified in this bill?
Since school districts already have the
authority to conduct criminal background checks on
volunteers, it is unclear whether the authority
provided in this bill is necessary.
3) Protecting children . The Legislature has repeatedly
established high "fitness" standards for individuals
who work near and around vulnerable populations,
including children. Several sections of the Education
code prohibit individuals convicted of certain crimes
from being employed by school districts. Although
volunteers tend to have limited contact with children
and serve under the direction and supervision of
teachers and other school employees, it is unclear
whether that limited contact implies minimal risk to
pupils. Many districts "err on the side of caution"
and require volunteers to undergo a criminal
background check prior to engaging in volunteer
service in the district.
To the extent that this bill establishes criminal "fitness"
requirements for volunteers that are similar to those
that already exist for school employees, this bill
could strengthen the ability of schools to create and
maintain a safe learning environment for their
students. However, opponents argue that this bill
will prevent many parents and other community
volunteers from participating in school activities
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during a critical time in their children's lives,
regardless of whether the past conviction for a crime
occurred many years ago. They believe the bill would
interfere with their rights as parents to participate
in their child's education.
4) Impact on families . A June 2010 Research Brief
published by the University of California Los Angeles
Institute for Democracy, Education, and Access
indicates that although there is very little
difference across racial groups in reported use of
illicit drugs, African Americans are several times
more likely than whites to have been arrested and
convicted of a drug offense. Opponents contend that
in some communities, SB 565 would exclude a
disproportionate number of individuals from
volunteering and make it difficult for parents with
past drug convictions to help out in classrooms or
attend school field trips.
5) Related and prior legislation . This bill is similar
to AB 13 (Knight, 2012) which would have authorized
local education agencies to request local law
enforcement agencies to conduct a criminal records
check of a prospective nonteaching volunteer and
prohibit persons who have been convicted of certain
violent or serious felonies, specified sex offenses,
or felony controlled substance offenses from serving
as a nonteaching volunteer, but limited the
prohibition to the first five years following a
conviction. This bill failed passage in this
Committee on a 4-1 vote.
SUPPORT
Palmdale School District (sponsor)
OPPOSITION
American Civil Liberties Union
Californians United for a Responsible Budget
East Bay Community Law Center
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Friends Committee on Legislation of California
Justice Now
Legal Services for Prisoners with Children
Public Advocates
Public School Volunteers