Amended in Senate April 25, 2013

Amended in Senate April 8, 2013

Senate BillNo. 687


Introduced by Senator Anderson

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

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.begin delete 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. end delete

This billbegin delete would delete this prohibition. The billend delete 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.begin delete The bill would prohibit a collective bargaining agreement entered into after January 1, 2014, from prohibiting a school district from using volunteers.end delete

Existing law provides that it is the intent of the Legislature to permit a school district to use volunteer aides 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.

begin insert

16(b) A district shall not abolish any of its classified positions and
17utilize volunteer aides, as authorized herein, in lieu of classified
18employees who are laid off as a result of the abolition of a position.
19A district shall not refuse to employ a person in a vacant classified
20position and use volunteer aides in lieu of filling the classified
21position.

end insert
begin delete

22(b)

end delete

P3    1begin insert(c)end insert Notwithstanding any other law, any person, except a person
2required to register as a sex offender pursuant to Section 290 of
3the Penal Code, may be permitted by the governing board of a
4school district to volunteer time or resources under the supervision
5of a district employee for the maintenance or improvement of a
6school facility. With respect to this work, the volunteer shall serve
7without compensation of any type or other benefits accorded to
8employees of the district, except as provided in Section 3364.5 of
9the Labor Code.

begin delete

10(c) Notwithstanding any other law, a collective bargaining
11agreement entered into after January 1, 2014, shall not prohibit a
12school district from using or encouraging volunteers pursuant to
13this section or any other section permitting or encouraging
14 volunteers to participate in a school.

end delete

15(d) It is the intent of the Legislature to permit a school district
16to use volunteers to enhance its educational program or facilities
17but not to encourage displacement of classified employees nor to
18encourage districts to use volunteers in lieu of normal employee
19requirements.

20(e) For purposes of this section, “school district” includes any
21county office of education or charter school.



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