BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 2034
AUTHOR: Knight
AMENDED: April 22, 2010
FISCAL COMM: Yes HEARING DATE: June 23, 2010
URGENCY: No CONSULTANT:Beth Graybill
NOTE: The Rules Committee has requested that this bill be
returned if approved by the Committee on Education. A "do
pass" motion should include referral to the Committee on
Rules.
SUBJECT : Public School Volunteers
SUMMARY
This bill prohibits school districts, county offices of
education, or charter schools that elect to fingerprint
volunteers from allowing individuals who have been convicted
of specific violent, sex, or drug offenses to volunteer in
schools.
BACKGROUND
Existing law provides parents and guardians with certain
rights including right to volunteer their time and resources
for the improvement of school facilities and programs under
the direct supervision of district employees, including but
not limited to, providing assistance in the classroom with
the approval and under the direct supervision of the teacher.
However, existing law prohibits school districts from
permitting participation by a parent or guardian in the
education of a child if it conflicts with a valid restraining
order, protective order, or order for custody or visitation
issued by a court of competent jurisdiction. (Education Code
51101)
Existing law prohibits public and private schools from
employing individuals in non-credentialed positions without
first conducting a criminal background check of the
individual. Existing law also provides that employees of
entities providing certain contracted services to school
districts who may come into contact with pupils must be
AB 2034
PageB
fingerprinted and prohibits employees of those entities from
coming into contact with pupils if they have been convicted
of a serious or violent felony. (EC 45125 and 45125.1)
Existing law prohibits the governing board of a school
district from employing or retaining in employment the
following persons:
Persons who have been convicted of a violent or serious
felony unless the person has obtained a certificate of
rehabilitation and pardon.
(EC 45122.1)
Persons who have been convicted of specified sex
offenses unless the conviction was reversed, the person
was acquitted, or the conviction was dismissed pursuant
to Section 1203.4 of the Penal Code.<1> (EC 44836)
Persons who have been convicted of specified drug
offenses unless the conviction is reversed, the person
is acquitted, or the charges are dismissed. (EC
44836)
Existing law requires individuals assuming a paid or
volunteer position to supervise, direct, or coach a pupil
activity program sponsored by a school district to obtain an
Activity Supervisor Clearance Certificate from the Commission
on Teacher Credentialing (who conducts a criminal background
check prior to issuing the certificate). (EC 49024)
ANALYSIS
This bill :
1) Clarifies that governing boards of school districts,
county offices of education or charter schools may
permit any person except those required to register as a
sex offender to supervise pupils during lunch periods or
other nutrition periods.
--------------------------
<1> Penal Code 1203.4 provides a process by which
individuals as specified, who have fulfilled the conditions
of their probation or been discharged prior to the
termination of the period of probation, may petition the
court for a dismissal of the accusations.
AB 2034
PageC
2) Authorizes a school district, county office of
education, or a charter school to require nonteaching
volunteer aides to undergo a criminal background check
to ascertain whether the prospective nonteaching
volunteer has been convicted of a sex offense, a
controlled substance offense.
3) Prohibits a person who would otherwise be prohibited
from employment or retention in employment as a result
of convictions for serious or violent felonies, sex
offenses, or controlled substance offenses from serving
as a nonteaching volunteer.
4) Makes provisions relating to criminal background
screening of employees who apply to charter schools.
STAFF COMMENTS
1) Need for the bill : According to the author, many school
districts routinely require volunteers to undergo a
criminal background screening in order to ensure the
safety of their pupils. Yet when the screening reveals
convictions for serious offenses or felonies districts
often find it difficult to turn down the volunteer
because current law specifies that parents and guardians
have the right to volunteer their time and because
current law does not explicitly prohibit anyone other
than registered sex offenders from volunteering in the
schools. According to the author's office, the purpose
of AB 2034 is to strengthen the ability of a district to
refuse volunteer service from individuals who may pose a
potential danger to children.
2) Who is covered ? Existing law prohibits schools from
employing individuals who have been convicted of certain
violent or serious offenses, sex offenses, or major
controlled substance offenses unless those convictions
have been dismissed or overturned, or the individual can
show evidence of rehabilitation. The specified
offenses, of which the majority are felonies, include
crimes such as enticing minor females for prostitution,
incest, lewd or lascivious acts, continuous sexual abuse
of a child, and major drug offenses such as manufacture
AB 2034
PageD
of controlled substances, possession of cocaine for
sale, sale of heroin, furnishing a minor with specified
controlled substances, and inducing a minor's violation
of a controlled substance. This bill creates a parallel
prohibition for volunteers. Specifically, this bill
would prohibit:
a) Persons who have been convicted of a violent
or serious felony from serving as a nonteaching
volunteer aide unless the person has obtained a
certificate of rehabilitation and pardon.
b) Persons who have been convicted of specified
sex offenses from serving as a nonteaching
volunteer aide unless the conviction was
reversed, the person was acquitted, or the
conviction was dismissed pursuant to Section 1203.4
of the Penal Code.
c) Persons who have been convicted of specified
controlled substance offenses from serving as a
nonteaching volunteer aide unless the conviction is
reversed, the person is acquitted, or the charges
are dismissed.
Under the permissive education code, local education
agencies can (and many do) already conduct background
screening of their volunteers and they already have the
right to excuse a volunteer from service. By
prohibiting individuals with certain convictions on
their criminal record from volunteering, this bill gives
districts a specific statutory authority to refuse the
services of a potential volunteer notwithstanding the
rights afforded to parents and guardians under EC
51101.
3) What is the risk ? A June 2010 Research Brief published
by the University of California Los Angeles Institute
for Democracy, Education, and Access indicates that
although there is very little difference across racial
groups in reported use of illicit drugs, African
Americans are several times more likely than whites to
have been arrested and convicted of a drug offense. The
prohibitions imposed by this bill would remain in effect
unless and until the specified convictions were expunged
AB 2034
PageE
from the record. Opponents contend that because many
individuals do not have the time or resources to
petition the courts for a certificate of rehabilitation,
AB 2034 would exclude a disproportionate number of
African Americans from volunteering in public schools
and make it difficult for parents with past drug
convictions to help out in classrooms or attend school
field trips even if those drug convictions occurred 10,
20, or 30 years ago.
While the Equal Employment Opportunity Commission, which
enforces the Civil Rights Act employment protections,
suggest that the nature and gravity of the offense, the
time that has passed since the conviction, and the
nature of the position should be taken into
consideration when considering whether to hire a person
with a criminal record, it is not clear if these
guidelines apply to individuals seeking a non-paid or
volunteer position. Notwithstanding these broad
guidelines, the Legislature has repeatedly established
higher "fitness" standards for individuals who work near
and around individuals who cannot always protect
themselves, including children and the elderly.
Although volunteers tend to have limited and occasional
contact with children and serve under the direction and
supervision of certificated staff it is unclear whether
that limited contact implies minimal risk to pupils.
In response to concerns expressed by opponents, the Committee
may wish to enable parents who have previous drug
convictions to volunteer in their children's classrooms.
Therefore, staff recommends amendments to delete the
provisions that would prohibit an individual from
volunteering if they have been convicted of a drug
offense as defined in Section 44011 of the Education
Code.
4) Related and prior legislation .
AB 346 (Conway), delays the implementation of
certificates issued to individuals who serve in
paid or volunteer positions to supervise, direct,
or coach pupil activity programs. This measure was
passed by this Committee on a 6-0 vote on June 16,
2010.
AB 1025 (Conway, Chapter 379, Statutes of
AB 2034
PageF
2009) authorizes the Commission on Teacher
Credentialing (CTC) to issue an Activity Supervisor
Clearance Certificate to non-credentialed
individuals, in a paid or volunteer capacity, to
supervise or coach a pupil activity program.
AB 2685 (De La Torre), scheduled to be heard
by this Committee on June 23, 2010, requires the
CTC to make electronic lists of adverse actions
available to private schools.
1) Policy arguments.
Proponents of this measure maintain that while
current law prohibits the employment of teachers
and other individuals who have been convicted of
certain serious and violent crimes, the law does
not specifically prohibit individuals who may have
committed any of those same crimes from serving as
volunteers in schools.
Opponents of this measure contend that this
bill is unnecessary because current provides school
children with sufficient protections from
individuals who may post a danger and because
school districts already have the authority to
fingerprint volunteers and determine whether to
allow volunteers to have contact with pupils.
SUPPORT
California State Sheriffs' Association
Los Angeles County District Attorney's Office
Palmdale School District
Peace Offers Research Association of California
San Bernardino County Sheriff's Department
The Child Abuse Prevention Center
OPPOSITION
All of Us or None - Sacramento Chapter
American Civil Liberties Union
East Bay Community Law Center
Legal Services for Prisoners with Children
Public Advocates
AB 2034
PageG
Women's Employment Rights Clinic of Golden Gate University
School of Law