BILL ANALYSIS
AB 2034
Page 1
ASSEMBLY THIRD READING
AB 2034 (Knight)
As Amended April 22, 2010
Majority vote
EDUCATION 7-1 APPROPRIATIONS 16-1
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|Ayes:|Brownley, Gaines, Carter, |Ayes:|Fuentes, Conway, |
| |Eng, Miller, Norby, | |Bradford, |
| |Torlakson | |Charles Calderon, Coto, |
| | | |Davis, Nava, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano |Nays:|Ammiano |
| | | | |
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SUMMARY : Prohibits school districts, county offices of
education (COEs), or charter schools that elect to fingerprint
volunteers from allowing individuals who have been convicted of
specific sex, drug or violent offenses to volunteer in schools.
Specifically, this bill :
1)Specifies that any person who would be prohibited from
employment in a school district due to a conviction of a sex,
drug or violent offense shall also be prohibited from serving
as a nonteaching volunteer aide (NTVA) at a district, COE, or
a charter school.
2)Requires charter schools to comply with existing employment
prohibitions due to convictions of sex, drug or violent
offenses; and, requires charter schools to comply with
provisions regarding fingerprinting for pupil activity
supervisors.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor absorbable costs to school districts, COEs, and charter
schools that choose to conduct an automated records check of
NTVAs, as specified. Current law authorizes school districts
AB 2034
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to conduct a check for sex offenses. In most cases, the NTVA
pays all or part of the automated records check fee. It costs
approximately $32 to the Department of Justice (DOJ), and $19
to the Federal Bureau of Investigation to cover the costs of
fingerprinting and the background check.
2)Potential one-time General Fund/Proposition 98 cost pressure
to charter schools, likely less than $100,000, to develop
initial systems to ensure employees and paid volunteers
serving in a coaching capacity comply with automated record
checks. In most cases, individuals pay all or part of the
automated records check fee, as referenced above. According
to a May 2006 decision by the Commission on State Mandates
(CSM), charter schools are not eligible to claim mandate
reimbursements. In denying charter schools' mandate claims,
the CSM repeatedly cites the fact that charter schools are
"voluntarily" created.
COMMENTS : Background regarding NTVAs: NTVAs are under the
immediate supervision and direction of certificated personnel of
a district and are generally parents who choose to volunteer in
their child's classroom, in the school office, or for school
field trips. Current law authorizes any individual to volunteer
in school districts, unless that individual is a registered sex
offender. Current law also authorizes school districts to
fingerprint NTVAs to ascertain whether the prospective volunteer
has been convicted of certain sex offenses that would prohibit
employment of that individual by the school district. In
practice, many school districts require volunteers to be
fingerprinted; however, there is no state statutory requirement
for districts to do so.
The intent of this bill is to prohibit districts, COEs and
charter schools from allowing individuals, such as NTVAs, from
volunteering in schools, if the district chooses to fingerprint
them, and finds that they have been convicted of the same sex,
drug and violent/serious offenses that would prohibit that
person from otherwise being employed by the school district.
The bill further requires charter schools to comply with
existing employment prohibitions and required fingerprinting for
coaches.
According to the author, local school districts have reported
instances where parents of students and other individuals will
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offer to volunteer in their child's classroom, on field trips
and/or for other district activities. However, when the
district has run their fingerprints, the DOJ report comes back
showing convictions for offenses that would prohibit the
district, under current law, from employing them but does not
prohibit them from volunteering. While school districts want to
encourage parents to participate in their children's education,
they must at the end of the day ensure the safety of all
students, staff and other district visitors.
Employment prohibition: Several sections of the Education Code
[EC] currently deal with criminal offenses that prohibit
individuals from being employed by school districts. EC Section
45122.1 lists specific felonies and misdemeanors and
violent/serious felonies that prohibit classified staff from
being employed by school districts. EC Section 44010 lists
specified sex offenses and EC Section 44011 lists controlled
substance offenses. Both EC Section 44010 and 44011 are
included in EC Section 44836, which prohibits anyone convicted
of these offenses from being employed by a school district.
Individuals who are convicted of these offenses, except those
that require the applicant to register as a sex offender, become
eligible for school district employment if they obtain an
expungement pursuant to Penal Code [PC] Section 1203.4. By
referencing these same employment code sections, NTVAs will also
be provided the same opportunity to expunge their record under
PC Section 1203.4.
Related legislation: AB 1025 (Conway) Chapter 379, Statutes of
2009, authorizes the Commission on Teacher Credentialing to
issue an Activity Supervisor Clearance Certificate to allow
non-credentialed individuals, in a paid or volunteer capacity,
to supervise or coach a pupil activity program.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN:
0004040