BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 346|
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CONSENT
Bill No: AB 346
Author: Conway (R)
Amended: 6/3/10 in Senate
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE : 6-0, 6/16/10
AYES: Romero, Huff, Emmerson, Hancock, Liu, Price
NO VOTE RECORDED: Alquist, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Schools employees and volunteers: activity
supervise
clearance certificate
SOURCE : Author
DIGEST : This bill delays until July 1, 2011, the
requirement that a noncertificated individual who is paid
or volunteers to supervise, direct, or coach an
extracurricular pupil activity program undergo a background
check and obtain an Activity Supervisor Clearance
Certificate from the Commission on Teacher Credentialing.
ANALYSIS : Existing law requires, beginning July 1, 2010,
all noncertificated paid and volunteer school personnel who
supervise, direct, or coach a pupil activity program
sponsored by, or affiliated with, a school district, to
CONTINUED
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obtain from the Commission on Teacher Credentialing (CTC)
an Activity Supervisor Clearance Certificate.
Prior to issuing an Activity Supervisor Clearance
Certificate, existing law requires the CTC to submit to the
Department of Justice, fingerprint images and related
information for the purpose of obtaining criminal
background information and verifying that a candidate meets
professional fitness requirements.
Existing law prohibits public and private schools from
employing individuals in non-credentialed positions without
first conducting a criminal background check of the
individual. Existing law also provides that employees of
entities providing certain contracted services to school
districts who may come into contact with pupils must be
fingerprinted and prohibits employees of those entities
from coming into contact with pupils if they have been
convicted of a serious or violent felony.
This bill:
1. Delays the certificate requirement for individuals who
supervise, direct, or coach a pupil activity to July 1,
2011.
2. Authorizes the CTC to issue an Activity Supervisor
Clearance Certificate before July 1, 2011.
3. Declares the act to be an urgency statute and specifies
it is necessary for the act to take effect immediately
in order to delay the requirement that would otherwise
become effective on July 1, 2010.
Related/Prior Legislation .
AB 2034 (Knight), 2009-10 Session, prohibits school
districts, county offices of education, or charter schools
that elect to fingerprint volunteers from allowing
individuals who have been convicted of specific violent,
sex, or drug offenses to provide volunteer services in the
district. (In Senate Education Committee).
AB 2685 (De La Torre), 2009-10 Session, enables the CTC to
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make available its All Points Bulletin (a list of
credential holders who have had final adverse action taken
against their credential) to private schools in an
electronic format instead of sending the list through the
U.S. Mail. (In Senate Education Committee).
AB 1025 (Conway), Chapter 379, Statutes of 2009, requires
non-credentialed individuals who volunteer or are paid to
supervise, direct, or coach a pupil activity program to be
fingerprinted and undergo a criminal background check.
(Passed Senate Floor with a vote of 40-0 on 9/4/09).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/10)
After School All-Stars of Los Angeles
Antelope Valley Union High School District
Antioch Unified School District
Aromas-San Juan Unified School District
Association of California School Administrators
Beaumont Unified School District
Black Oak Mine USD
Burbank Unified School District
Butte County Office of Education
CA Association of Regional Occupational Centers and
Programs
CA County Superintendents Educational Services Association
Calaveras County Office of Education
California Association of School Business Officials
California Federation of Teachers
California Interscholastic Federation
California School Employees Association
California School Personnel Commissioners Association
Canyon Elementary School District
Carlsbad Unified School District
Central Union Elementary School Elementary School District
Central Valley Education Association
Charter Oak Unified School District
Claremont Unified School District
Clear Creek Elementary School District
Clovis Unified School District
Conejo Valley Unified School District
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Contra Costa County Superintendents' Coalition
Covina-Valley Unified School District
Cupertino Union School District
Del Norte County Office of Education
El Dorado County Office of Education
El Dorado Union High School District
El Segundo Unified School District
Exeter Union High School District
Folsom Cordova Unified School District
Fresno Unified School District
Fruitvale School District
Fullerton Joint Union High School District
Glenn County Office of Education
Hamilton Unified School District
Hanford Joint Union High School District
Happy Valley Union School District
Humboldt County Office of Education
Huntington Beach Union High School District
Imperial County Office of Education
Kern County Superintendent of Schools
Keyes Union School District
Kings County Office of Education
Kings River-Hardwick School District
Knightsen Elementary School District
LA's BEST
Lake County Office of Education
Lamont School District
Larkspur School District
Long Beach Unified School District
Los Angeles Unified School District
Madera County Office of Education
Manhattan Beach Unified School District
Maricopa Unified School District
Martinez Unified School District
McSwain Union Elementary School District
Milpitas Unified School District
Modesto City School District
Modoc Joint Unified School District
Moraga School District
Mountain View Los Altos Union High School District
New Hope Elementary School District
Oak Park Unified School District
Ocean View School District
Orange County Office of Education
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Paramount Unified School District
Patterson Joint Unified School District
Perris Union High School District
Piedmont Joint High School District
Pittsburg Unified School District
Placer Hills Union School District
Porterville Unified School District
Riverside County Schools Advocacy Association
Rocklin Unified School District
Roseville Joint Union High School District
Rowland Unified School District
Sacramento City Unified School District
Salinas Union High School District
San Bernardino County District Advocates for Better Schools
San Diego County Office of Education
San Joaquin County Office of Education
San Juan Unified School District
San Marino Unified School District
San Mateo County Office of Education
Santa Clara County Office of Education
Santa Cruz City School District
Santa Cruz County Office of Education
Scotts Valley Unified School District
Selma Unified School District
Sequoia Union High School District
Shasta County Office of Education
Siskiyou County Office of Education
Small School Districts Association
Solano Beach School District
Solano County Office of Education
Sonoma County Office of Education
Southern Kern Unified School District
Sundale Union Elementary School District
Three Rivers Unified School District
Trinity Alps Unified School District
Tulare County Office of Education
Twin Rivers Unified School District
Upland Unified School District
Ventura Unified School District
Visalia Unified School District
Washington Colony Elementary School District
William S. Hart Union High School District
Wilson School District
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ARGUMENTS IN SUPPORT : Existing law permits school
districts to employ on a part-time basis, individuals to
supervise, direct, or coach a pupil activity program such
as yearbook, band, chorus, and cheerleading. Under current
law, "walk on" coaches employed by a school district must
be fingerprinted and undergo a criminal background check.
However, walk on coaches who volunteer or who are employed
by school-affiliated groups (such as a booster club) may
not always be fingerprinted. AB 1025 (Conway), Chapter
379, Statutes of 2009, closed this loophole by requiring
all individuals who supervise, direct, or coach a pupil
activity program sponsored by or affiliated with a school
district to obtain a certificate from the CTC that verifies
they have passed a criminal background check. The intent
of this law was to enhance the safety of students
participating in programs such as "mock trial" or
photography club where the activity may be lead by an adult
who does not possess a teaching credential. The purpose of
the certificate was to provide a process by which the CTC
could notify districts about any arrests or convictions
subsequent to the issuance of the certificate and to
provide a means for individuals who may coach activities in
more than one district to avoid having to be fingerprinted
at each district. The provisions of AB 1025 become
effective July 1, 2010.
Subsequent to enactment, representatives from the
Association of California School Administrators and the
California School Employees Association raised questions
and expressed concern about the impact and costs of the
requirements. According to the author's office, postponing
the AB 1025 requirement to July 1, 2011 allows stakeholders
and the author's office to develop a proposal that ensures
pupil safety without creating an unduly burdensome
administrative process.
PQ:do 6/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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