BILL NUMBER: AB 2034	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2010

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

                        FEBRUARY 17, 2010

   An act to  amend Section 44836 of   add
Section 44836.5 to  the Education Code, relating to public
school volunteers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2034, as amended, Knight. Public school volunteers: persons
convicted of sex or controlled substance offenses. 
   (1) Existing 
    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   establish the Safe School
Volunteers   Program, under which the governing board of a
school district that opted, as prescribed, on or before June 30,
2011, to participate would be required, on and after July 1, 2011, to
perform, or arrange for the performance of, background checks for
persons, other than pupils of that district, who seek to voluntarily
participate in any district activities. The bill would prohibit 
persons who have been convicted of  these   the
designated sex or controlled substance  offenses, and who have
not been subsequently acquitted or had the charges against them
dismissed, from voluntarily participating in  school
 activities  of that district  .  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
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 44836.5 is added to the 
 Education Code  , to read:  
   44836.5.  (a) The Safe School Volunteers Program is hereby
established.
   (b) The governing board of a school district may opt to
participate in the Safe School Volunteers Program by enacting a
resolution to that effect at a regularly scheduled public meeting on
or before June 30, 2011.
   (c) On and after July 1, 2011, a school district that has opted to
participate in the Safe School Volunteers Program shall perform, or
arrange for the performance of, background checks for persons, other
than pupils of that district, who seek to voluntarily participate in
any district activities. Any person who would be prohibited from
employment or retention in employment under Section 44836 shall also
be prohibited from voluntary participation in any activities of the
district under this section.  
  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 is 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.