BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 326
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          Date of Hearing:   June 26, 2013

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                      SB 326 (Beall) - As Amended:  May 28, 2013

          [Note: This bill is doubled referred to the Assembly Public  
          Safety Committee and will be heard as it relates to issues under  
          its jurisdiction.]
          
           SENATE VOTE  :   37-0
           
          SUBJECT  :   Sex offenders

           SUMMARY  :   Authorizes the chief administrative official (CAO) of  
          a school to grant a person who is required to register as a sex  
          offender and is not a family member of a pupil who attends that  
          school permission to come into a school building or upon the  
          school grounds to volunteer at the school under specified  
          conditions.  Specifically,  this bill  :   

          1)Requires the CAO to, at least 14 days prior to the first date  
            for which permission has been granted, notify the parent or  
            guardian of each child attending the school that a person who  
            is required to register as a sex offender has been granted  
            permission to come into a school building or upon school  
            grounds, the date or dates and times for which permission has  
            been granted, and his or her right to obtain information  
            regarding the person from a designated law enforcement entity.  
             Requires the notice to be provided by one of the methods  
            required for the annual parent notification.  

          2)Specifies that any CAO or school employee who in good faith  
            disseminates the notification and information shall be immune  
            from civil liability for action taken in accordance with this  
            bill.

          3)Adds a requirement to specify the date or dates and times for  
            which permission is granted to a person who is required to  
            register as a sex offender to come into any school building or  
            upon any school ground for lawful business.  

           EXISTING LAW  :

          1)Specifies that any person who is required to register as a sex  








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            offender who comes into any school building or upon any school  
            ground without lawful business and written permission from the  
            CAO of that school is guilty of a misdemeanor.  Specifies that  
            any violation shall be as follows:

             a)   Upon a first conviction, by a fine of not exceeding  
               $500, by imprisonment in a county jail for not more than  
               six months, or by both the fine and imprisonment.
             b)   If the defendant has been previously convicted once of  
               the violation, by imprisonment in a county jail for a  
               period of not less than 10 days or more than six months, or  
               by both imprisonment and a fine not exceeding $500, and  
               shall not be released on probation, parole, or any other  
               basis until he or she has served not less than 10 days.  
             c)   If the defendant has been previously convicted two or  
               more times of the violation, by imprisonment in a county  
               jail for a period of not less than 90 days or more than six  
               months, or by both imprisonment and a fine not exceeding  
               $500, and shall not be released on probation, parole, or  
               any other basis until he or she has served not less than 90  
               days.  (Penal Code (PC) Section 626.81)

          2)Defines "CAO" for a school as the principal of the school, a  
            person who possesses a standard supervision credential or a  
            standard administrative credential and who is designated by  
            the principal, or a person who carries out the same functions  
            as a person who possesses a credential and who is designated  
            by the principal.  (PC Section 626)


          3)Specifies that, notwithstanding any other law, any person,  
            except a person required to register as a sex offender, may be  
            permitted by the governing board of any school district to  
            perform the duties related to supervising pupils during  
            breakfast, lunch or other nutrition period, or to serve as a  
            nonteaching volunteer aide.  (Education Code (EC) Section  
            35021)


          4)Provides parents and guardians with the right to participate  
            in the education of their children in specified ways,  
            including the opportunity to volunteer their time and  
            resources for the improvement of school facilities and  
            programs under the direct supervision of district employees.   
            Specifies that school districts are not authorized to permit  








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            participation by a parent or guardian if it conflicts with a  
            valid restraining order, protective order, or order for  
            custody or visitation issued by a court of competent  
            jurisdiction.  (EC Section 51101)


          5)Requires school districts to send a notification to parents or  
            guardians at the beginning of the first semester or quarter of  
            the regular school term with specified information.   
            Authorizes the notice to be sent by regular mail, providing  
            access to the notice electronically if the parent or guardian  
            makes such a request, or by any other method normally used to  
            communicate with the parents or guardians in writing.  (EC  
            Section 48981)

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  An individual who is convicted of specified  
          sex-related offenses is required to register with the local city  
          police department or the county sheriff's office in which he or  
          she is residing for the rest of his or her life.  According to  
          the Department of Justice, there are about 75,000 registered sex  
          offenders living in the state.  

          Under current law, any person who is required to register as a  
          sex offender who comes into any school building or upon any  
          school ground without lawful business and written permission  
          from the CAO (principal or principal's designee) of that school  
          is guilty of a misdemeanor and may be imposed with a fine and  
          imprisonment.  This bill requires the authorization by the CAO  
          to indicate the date or dates and times for which permission is  
          granted.  

          This bill also authorizes a CAO to allow a person who is  
          required to register as a sex offender and who is not a family  
          member of a pupil who attends that school to volunteer at the  
          school if the CAO sends a notification to all the parents and  
          guardians at the school at least 14 days prior to the date  
          permission is granted informing parents of the authorization and  
          their right to obtain information regarding the person from a  
          designated law enforcement entity.  The method for the  
          notification would be the same methods used to provide the  
          annual parent notification of the rights of parents, which  
          includes regular mail, an electronic method if requested by the  








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          parent or guardian, or any other method normally used to  
          communicate with parents or guardians in writing.  The bill does  
          not specify what actions must be taken or not taken if there is  
          objection by parents or guardians. 

          According to the author, current law's authorization for a  
          person who is required to register as a sex offender to come  
          into any school building or grounds for "lawful business" is  
          "vague and puts children at risk from sex offenders who may use  
          school functions as a way to gain access to school premises."   
          However, this bill does not provide any additional clarification  
          of "lawful business."  Instead, this bill adds a provision  
          authorizing a person who is required to register as a sex  
          offender who is not a family member of a student to come into  
          any school building or grounds to volunteer at the school after  
          a notice is sent to parents, but the provision specifying that  
          the individual may not enter school building or ground without  
          lawful business remains a separate section.  The CAO will  
          continue to have authority to authorize a person who is required  
          to register as a sex offender to enter school grounds for  
          "lawful business", whether or not the individual is a family  
          member of a pupil enrolled at the school.  The CAO will also  
          continue to have authority to determine what constitutes "lawful  
          business".

          Under current law, parents and guardians of pupils have a right  
          to participate in the education of their children (e.g., attend  
          special education hearings, parent-teacher conferences,  
          expulsion hearings, etc.).  According to the Association of  
          California School Administrators, when notified that a parent or  
          guardian of a pupil is a person who must register as a sex  
          offender, principals honor the right of the parent or guardian  
          by making accommodations as to the place and time the parent or  
          guardian may participate in his or her child's education.  For  
          example, a principal may make alternative drop off and pick up  
          arrangements, schedule meetings after school, or escort the  
          parent or guardian in and out of a school site.  

          This bill only addresses the situation where an individual who  
          is not a family member of a pupil enrolled in a school wishes to  
          volunteer at a school event or function.  According to the  
          Senate Public Safety Committee analysis, a newspaper article  
          indicates that this bill was introduced due to parent outrage  
          over a parochial school event at which a convicted sex offender  
          was allowed to volunteer, with a permission slip from the  








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          Diocese of San Jose.  It is unclear whether there have been  
          similar problems at public schools.  According to the author's  
          office, the notification requirement may reduce the number of  
          such authorizations.  

          This bill raises a couple of policy questions.  Should an  
          individual who is required to register as sex offender be  
          prohibited from volunteering at school community activities if  
          the offense occurred many years ago and the individual has not  
          committed any other offenses?  Alternatively, rather than  
          requiring a principal to send a campus wide notification that  
          may result in targeting of the individual, should an individual  
          who is required to register as a sex offender who is not a  
          family member of a pupil be prohibited from volunteering?   

           Related legislation  .  SB 565 (Knight), pending in the Senate  
          Education Committee, narrows the list of persons eligible to  
          serve as nonteaching volunteer aides in schools by prohibiting  
          individuals who have been convicted of certain serious felonies  
          or that are on post release community supervision or parole from  
          volunteering, unless a waiver is granted by the school  
          district's governing board, as specified.  

           Prior related legislation  .  AB 13 (Knight) prohibits school  
          districts, county offices of education, or charter schools that  
          elect to fingerprint volunteers from allowing individuals who  
          have been convicted of specific felony drug offenses that  
          involve minors or violent offenses to volunteer in schools for  
          five years from the date of conviction, and requires charter  
          schools to comply with existing fingerprinting laws.  The bill  
          failed passage in the Senate Education Committee in 2012.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Protective Parents Association (prior version)
          Crime Victims United of California
          The Children's Psychological Health Center, Inc. (prior version)  
           
          Many individuals
           
            Opposition 
           
          None on file








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           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087