BILL NUMBER: AB 2034	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight
   (Principal coauthor: Senator Runner)

                        FEBRUARY 17, 2010

   An act to amend Section 44836 of the Education Code, relating to
public school volunteers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2034, as introduced, Knight. Public school volunteers: persons
convicted of sex or controlled substance offenses.
   (1) Existing law prohibits school district governing boards from
employing or retaining in employment persons in public school service
who have been convicted of a designated sex offense or controlled
substance offense unless the conviction is reversed and the person is
acquitted of the offense in a new trial, or the charges against him
or her are dismissed.
   This bill would also prohibit school district governing boards
from allowing persons who have been convicted of these offenses, and
who have not been subsequently acquitted or had the charges against
them dismissed, from voluntarily participating in school activities.
Because this bill would impose new duties on school districts, it
would constitute a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44836 of the Education Code is amended to read:

   44836.  (a) (1) The governing board of a school district shall not
employ or retain in employment persons in public school service who
have been convicted, or who have been convicted following a plea of
nolo contendere to charges, of any sex offense as defined in Section
44010.  The governing board of a school district also shall not
allow a person to whom this paragraph is applicable to voluntarily
participate in any district activities. 
   (2) If a person's conviction of a sex offense as defined in
Section 44010 is reversed and the person is acquitted of the offense
in a new trial or the charges against him or her are dismissed, this
section does not prohibit his or her employment  or ability to
voluntarily participate in district activities  thereafter. If
the dismissal was pursuant to Section 1203.4 of the Penal Code and
the victim of the sex offense was a minor, this section does prohibit
the person's employment  and voluntary participation in district
activities  .
   (b) (1) The governing board of a school district also shall not
employ or retain in employment persons in public school service who
have been convicted of any controlled substance offense as defined in
Section 44011.  The governing board of a school district also
shall not   allow a person to whom this paragraph i 
 s applicable to voluntarily participate in any district
activities. 
   (2) If a person's conviction for a controlled substance offense as
defined in Section 44011 is reversed and the person is acquitted of
the offense in a new trial or the charges against him or her are
dismissed, this section does not prohibit his or her employment 
or ability to voluntarily participate in district activities 
thereafter.
   (c) Notwithstanding subdivision (b), the governing board of a
school district may employ a person convicted of a controlled
substance offense in a position requiring certification
qualifications if that person holds an appropriate credential issued
by the Commission on Teacher Credentialing.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.