BILL ANALYSIS
AB 346
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 346 (Conway)
As Amended June 24, 2010
2/3 vote. Urgency
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|ASSEMBLY: | |(June 2, 2009) |SENATE: |28-0 |(June 28, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: ED.
SUMMARY : An urgency measure that makes changes to the
requirements for the Activity Supervisor Clearance Certificate
(ASCC).
The Senate amendments delete the Assembly version of this bill
and instead:
1)Authorize neighboring school districts and county
superintendents to designate one entity, among the collective
group, to perform criminal background checks for
non-certificated individuals who are assuming a paid or
volunteer position.
2)Clarify that non-certificated individuals assuming a paid or
volunteer position to work with pupils in a pupil activity
program sponsored by a school district must obtain an ASCC.
3)Define a nonteaching volunteer to include parents volunteering
in a classroom or on a field trip or a community member
providing noninstructional services.
4)Specify the ASCC requirement does not apply to individuals who
have already cleared a Department of Justice (DOJ) and Federal
Bureau of Investigation (FBI) criminal background check
through a school district.
EXISTING LAW :
1)Allows school districts to agree among themselves to designate
a single district, or a county superintendent to agree to act
on behalf of participating school districts within the county
or contiguous counties, for the purposes of performing
AB 346
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specified duties regarding criminal background checks.
2)Requires, commencing on July 1, 2010, a non-certificated
candidate to obtain an ASCC from the Commission on Teacher
Credentialing (CTC) before assuming a paid or volunteer
position to supervise, direct, or coach a pupil activity
program sponsored by, or affiliated with, a school district,
as defined; and, exempts volunteer supervisors for breakfast,
lunch, or other nutritional periods and nonteaching volunteer
aides, as defined, under the immediate supervision and
direction of certificated personnel of the district, from this
requirement.
AS PASSED BY THE ASSEMBLY , this bill expanded the type of
projects and local contribution that are allowed by the
Joint-Use Facilities Program.
FISCAL EFFECT : Unknown
COMMENTS : This bill clarifies legislative intent with regard to
the passage of AB 1025 (Conway) from 2009. Specifically, this
bill authorizes school districts to choose whether to administer
a DOJ and FBI criminal background check for non-certificated
individuals who are assuming a paid or volunteer position to
work with pupils in a pupil activity program sponsored by a
school district, or whether to require that the individual
obtain an ASCC. Under existing law, these individuals must
obtain an ASCC through the CTC. Under this bill, either the
district can choose to administer the background check or
require the applicant to obtain an ASCC through the CTC.
Through either pathway, individuals working with pupils in a
pupil activity will be required to under go a DOJ and FBI
background check prior to working with pupils.
This bill also clarifies legislative intent that all individuals
who work with pupils in activity programs will be fingerprinted.
Existing law references pupil activity supervisors, directors
and coaches, which includes head coaches and head activity
directors/supervisors, but may not include assistant coaches and
assistant activity directors/supervisors. This bill clarifies
that anyone who will work with pupils in an activity program
must be fingerprinted, which includes head coaches, assistant
coaches, auxiliary coaches, and anyone who will be alone with a
student in an official capacity during a pupil activity
sponsored by a district.
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Lastly, this bill clarifies the definition of nonteaching
volunteer aides, who are not required to obtain an ASCC, to
include parents who volunteer in a classroom or on a field trip
and community volunteers providing noninstructional services.
This provision clarifies that community members who, for
example, visit a school campus to give a speech at a school
assembly are not required to obtain an ASCC. Legislative intent
is that parents who are volunteering in a classroom or on a
field trip, along with community members providing
noninstructional services will not be required to obtain an ASCC
and will instead fall under local district policy under the
definition of a nonteaching volunteer aide.
Previous legislation: 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.
This bill was substantially amended in the Senate and the
subject matter was not heard in an Assembly policy committee
this legislative session.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0005066