Senate Bill No. 687

Introduced by Senator Anderson

February 22, 2013

An act to amend Section 35021 of the Education Code, relating to school volunteers.

LEGISLATIVE COUNSEL’S DIGEST

SB 687, as introduced, Anderson. Schools: volunteers: school facility maintenance or improvement.

Existing law authorizes the governing board of any school district to permit a person, except a person required to register as a sex offender, as specified, to volunteer to supervise pupils during the school lunch period or any breakfast period or nutrition period, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district, as specified. Existing law prohibits a school district from abolishing any of its classified positions and utilizing those volunteers for those services in place of classified employees laid off as a result of the abolition of a position.

This bill would delete this prohibition. The bill would authorize the governing board of a school district, as defined, to permit a person, except a person required to register as a sex offender, as specified, to volunteer time or resources under the supervision of a district employee for the maintenance or improvement of a school facility, as provided. The bill would prohibit a collective bargaining agreement entered into after January 1, 2014, from prohibiting a school district from using volunteers.

Existing law provides that it is the intent of the Legislature to permit a school district to use volunteer aids to enhance its educational program but not to permit displacement of classified employees nor to allow a district to utilize volunteers in lieu of normal employee requirements.

This bill would instead state that it is the intent of the Legislature to permit a school district to use volunteers to enhance its educational program or facilities but not to encourage displacement of classified employees nor to encourage districts to use volunteers in lieu of normal employee requirements.

Vote: majority. Appropriation: no. Fiscal committee: no. 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) Notwithstanding any other law, any person, except
a person required to register as a sex offender pursuant to Section
290 of the Penal Code, may be permitted by the governing board
of begin delete any end delete begin insert a end insert 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 begin delete which end delete
begin insert that end insert 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.

begin delete

(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.

end delete begin insert

(b) Notwithstanding any other law, any person, except a person
required to register as a sex offender pursuant to Section 290 of
the Penal Code, may be permitted by the governing board of a
school district to volunteer time or resources under the supervision
of a district employee for the maintenance or improvement of a
school facility. With respect to this work, the volunteer 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.

end insert begin insert

(c) Notwithstanding any other law, a collective bargaining
agreement entered into after January 1, 2014, shall not prohibit
a school district from using or encouraging volunteers pursuant
to this section or any other section permitting or encouraging
volunteers to participate in a school.

end insert begin delete

(c)

end delete

begin insert (d) end insert  It is the intent of the Legislature to permit begin insert a end insert school begin delete districts end delete
begin insert district end insert to use begin delete volunteer aides end delete begin insert volunteers end insert to enhance its educational
program begin insert or facilities end insert but not to begin delete permit end delete begin insert encourage end insert displacement of
classified employees nor to begin delete allow end delete begin insert encourage end insert districts to begin delete utilize end delete begin insert use end insert
volunteers in lieu of normal employee requirements.

begin insert

(e) For purposes of this section “school district” includes any
county office of education or charter school.

end insert