BILL NUMBER: SB 687	INTRODUCED
	BILL TEXT


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
 any   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   that  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. 
   (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.  
   (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.  
   (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.  
   (c) 
    (d)  It is the intent of the Legislature to permit 
a  school  districts   district  to
use  volunteer aides   volunteers  to
enhance its educational program  or facilities  but not to
 permit   encourage  displacement of
classified employees nor to  allow   encourage
 districts to  utilize   use 
volunteers in lieu of normal employee requirements. 
   (e) For purposes of this section "school district" includes any
county office of education or charter school.