Amended in Senate April 8, 2013

Senate BillNo. 687


Introduced by Senator Anderson

begin insert

(Coauthors: Senators Berryhill, Fuller, Gaines, Huff, Knight, Walters, and Wyland)

end insert

February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

SB 687, as amended, 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 volunteerbegin delete aidsend deletebegin insert aidesend insert 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:

P2    1

SECTION 1.  

Section 35021 of the Education Code is amended
2to read:

3

35021.  

(a) Notwithstanding any other law, any person, except
4a person required to register as a sex offender pursuant to Section
5290 of the Penal Code, may be permitted by the governing board
6of a school district to perform the duties specified in Section 44814
7or 44815, or to serve as a nonteaching volunteer aide under the
8immediate supervision and direction of the certificated personnel
9of the district to perform noninstructional work that serves to assist
10the certificated personnel in performance of teaching and
11administrative responsibilities. With respect to this noninstructional
12work, the nonteaching volunteer aide shall serve without
13compensation of any type or other benefits accorded to employees
14of the district, except as provided in Section 3364.5 of the Labor
15Code.

16(b) Notwithstanding any other law, any person, except a person
17required to register as a sex offender pursuant to Section 290 of
18the Penal Code, may be permitted by the governing board of a
19school district to volunteer time or resources under the supervision
20of a district employee for the maintenance or improvement of a
21school facility. With respect to this work, the volunteer shall serve
22without compensation of any type or other benefits accorded to
P3    1employees of the district, except as provided in Section 3364.5 of
2the Labor Code.

3(c) Notwithstanding any other law, a collective bargaining
4agreement entered into after January 1, 2014, shall not prohibit a
5school district from using or encouraging volunteers pursuant to
6this section or any other section permitting or encouraging
7 volunteers to participate in a school.

8(d) It is the intent of the Legislature to permit a school district
9to use volunteers to enhance its educational program or facilities
10but not to encourage displacement of classified employees nor to
11encourage districts to use volunteers in lieu of normal employee
12requirements.

13(e) For purposes of this sectionbegin insert,end insert “school district” includes any
14county office of education or charter school.



O

    98