BILL ANALYSIS                                                                                                                                                                                                    �






                                        
                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                            2012-13 Regular Session
                                        

          BILL NO:       SB 687
          AUTHOR:        Anderson
          AMENDED:       April 8, 2013
          FISCAL COMM:   No             HEARING DATE:  April 17, 2013
          URGENCY:       No             CONSULTANT:Lenin Del Castillo  
           

           SUBJECT  :  Public School Volunteers.
          
           SUMMARY   

          This bill would authorize the governing board of a school  
          district to permit the displacement of classified employees  
          and utilize volunteer aides instead to perform  
          noninstructional work and the maintenance or improvement of  
          a school facility under the supervision of a district  
          employee.

           BACKGROUND  

          Under current law, any person, except a registered sex  
          offender, may be permitted by the governing board of a  
          school district to perform student supervisory duties  
          during breakfast and lunch periods or serve as a  
          nonteaching volunteer aide under the immediate supervision  
          and direction of the certificated personnel of the school  
          district to perform noninstructional work without  
          compensation.  School districts may not abolish any of its  
          classified positions and utilize volunteer aides in lieu of  
          classified employees who are laid off as a result of the  
          abolishment of a position.  Additionally, a school district  
          may not refuse to employ a person in a vacant classified  
          position and use volunteer aides instead.  (Education Code  
          � 35021) 
           
          ANALYSIS  

          This bill would authorize the governing board of a school  
          district to permit the displacement of classified employees  





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          and utilize volunteer aides instead to perform  
          noninstructional work.  

          More specifically, this bill:

             1)   Removes the prohibitions in current law for school  
               districts to:  


                  a)        Abolish classified employees and utilize  
                    volunteer aides in lieu of classified employees  
                    that are laid off. 


                  b)        Refuse employment for a person in a  
                    vacant classified position and use volunteer  
                    aides instead.  


             2)   Authorizes school districts to permit a person,  
               except for a registered sex offender, to volunteer  
               under the supervision of a district employee for the  
               maintenance or improvement of a school facility.  The  
               volunteer shall serve without compensation of any type  
               or other benefits.


             3)   Prohibits a collective bargaining agreement entered  
               into after January 1, 2014, from prohibiting a school  
               district from using or encouraging volunteers.  



           STAFF COMMENTS  

           1)   Need for the bill  :  According to the author's office,  
               due to recent budget cuts, school districts have had  
               difficulty with maintaining their facilities and do  
               not have the flexibility to properly utilize  
               volunteers and assistance from their communities.   
               They believe this bill provides the ability for local  
               districts to assess the best way to meet their  
               maintenance needs with the help of parents and  
               community members. 






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               However, staff notes that this bill could potentially  
               lead to the displacement of classified employees with  
               volunteers who may not have the proper qualifications  
               and training to perform capital projects.  This could  
               result in additional costs and liability for a  
               district.  Also, by preventing collective bargaining  
               agreements from prohibiting the use of volunteers,  
               this bill would limit the local discretion of school  
               districts to make decisions on such matters. 

           SUPPORT
           
          None on file.

           OPPOSITION
           
          California Federation of Teachers
          California School Employees Association
          California Teachers Association