BILL NUMBER: AB 2034 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
AMENDED IN ASSEMBLY MARCH 16, 2010
INTRODUCED BY Assembly Member Knight
(Principal coauthor: Senator Runner)
FEBRUARY 17, 2010
An act to add Section 44836.5 to amend
Sections 35021, 35021.1, 35021.2, 44836, and 49024 of 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.
Existing law authorizes any person, except a person required to
register as a sex offender pursuant to a designated provision, to be
permitted by the governing board of a school district to serve as a
nonteaching volunteer aide under the immediate supervision and
direction of certificated personnel of the district to perform
noninstructional work that serves to assist the certificated
personnel of the district in their teaching and administrative
responsibilities. Existing law authorizes a school district or county
office of education to request that a local law enforcement agency
conduct an automated records check of a prospective nonteaching
volunteer aide in order to ascertain whether the prospective
nonteaching volunteer aide has been convicted of a designated sex
offense.
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. Existing law requires, prior to assuming a
paid or volunteer position to supervise, direct, or coach a pup
il activity program sponsored by, or affiliated with, a
school district, noncertificated candidates to obtain an Activity
Supervisor Clearance Certificate from the Commission on Teacher
Credentialing.
This bill would 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 specify that each
of these provisions apply to charter schools. The bill would also
prohibit persons who have been convicted of 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 activities of that district
serving as nonteaching volunteer aides .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35021 of the
Education Code is amended to read:
35021. (a) Notwithstanding any other law, any person, except a
person required to register as a sex offender pursuant to Section 290
of the Penal Code, may be permitted by the governing board of
any a school district , county
office of education, or charter school to perform the duties
specified in Section 44814 or 44815, or to serve as a nonteaching
volunteer aide under the immediate supervision and direction of the
certificated personnel of the district to perform noninstructional
work which serves to assist the certificated personnel in performance
of teaching and administrative responsibilities. With respect to
this noninstructional work, the nonteaching volunteer aide shall
serve without compensation of any type or other benefits accorded to
employees of the district, except as provided in Section 3364.5 of
the Labor Code.
(b) No district may abolish any of its classified positions and
utilize volunteer aides, as authorized herein, in lieu of classified
employees who are laid off as a result of the abolition of a
position. A district shall not refuse to employ a person in a vacant
classified position and use volunteer aides in lieu of filling the
classified position.
(c) It is the intent of the Legislature to permit school districts
to use volunteer aides to enhance its educational program but not to
permit displacement of classified employees nor to allow districts
to utilize volunteers in lieu of normal employee requirements.
SEC. 2. Section 35021.1 of the
Education Code is amended to read:
35021.1. (a) A school district or
, county office of education , or a charter
school may request that a local law enforcement agency conduct
an automated records check of a prospective nonteaching volunteer
aide in order to ascertain whether the prospective nonteaching
volunteer aide has been convicted of any sex offense as defined in
Section 44010 . A , controlled
substance offense as defined in Section 44011, or a violent or
serious offense as defined in Section 45122.1. A person who would be
prohibited from employment or retention in employment under Section
44836 or 45122.1 shall be prohibited from serving as a nonteaching
volunteer aide.
(b) A plea or verdict of guilty, a
finding of guilt by a court in a trial without jury, or a conviction
following a plea of nolo contendere shall be deemed to be a
conviction within the meaning of this section. If the local law
enforcement agency agrees to provide that automated records check,
the results therefrom shall be returned to the requesting district or
county office of education within 72 hours of the written request. A
local law enforcement agency may charge a fee to the requesting
agency not to exceed the actual expense to the law enforcement
agency.
SEC. 3. Section 35021.2 of the
Education Code is amended to read:
35021.2. (a) When a school district or ,
county office of education , or charter school
pursuant to Section 11105.3 of the Penal Code requests from the
Department of Justice records involving criminal offenses committed
by a prospective volunteer, the school district or county office of
education may request that the Department of Justice provide
subsequent arrest notification service pursuant to Section 11105.2 of
the Penal Code. The Department of Justice shall comply with a
request made pursuant to this section.
(b) This section also applies to a person, firm, association,
partnership, or corporation offering or conducting private school
instruction on the elementary or high school level that requests,
pursuant to Section 11105.3 of the Penal Code, records involving
criminal offenses committed by a prospective volunteer.
SEC. 4. 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.
(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 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.
(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.
(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
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.
(d) Notwithstanding Section 47610, this section applies to a
charter school.
SEC. 5. Section 49024 of the Education
Code is amended to read:
49024. (a) Prior to assuming a paid or volunteer position to
supervise, direct, or coach a pupil activity program sponsored by, or
affiliated with, a school district, all noncertificated candidates
shall obtain an Activity Supervisor Clearance Certificate from the
Commission on Teacher Credentialing pursuant to subdivision (f) of
Section 44258.7.
(b) A pupil activity program sponsored by, or affiliated with, a
school district includes, but is not limited to, scholastic programs,
interscholastic programs, and extracurricular activities sponsored
by a school district or school booster club, including, but not
limited to, cheer team, drill team, dance team, and marching band.
(c) Volunteer supervisors for breakfast, lunch, or other
nutritional periods pursuant to Sections 44814 and 44815, and
nonteaching volunteer aides under the immediate supervision and
direction of certificated personnel of the district pursuant to
Section 35021, shall not be required to obtain an Activity Supervisor
Clearance Certificate.
(d) Candidates may be issued a temporary certificate in accordance
with Sections 44332 and 44332.5 while the application is being
processed.
(e) Notwithstanding Section 47610, this section applies to a
charter school.
(e)
(f) This section shall become operative on July 1,
2010.
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.