BILL ANALYSIS �
SB 326
Page 1
SENATE THIRD READING
SB 326 (Beall)
As Amended May 28, 2013
Majority vote
SENATE VOTE :37-0
EDUCATION 7-0 PUBLIC SAFETY 5-0
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Ammiano, Melendez, |
| |Gonzalez, Nazarian, | |Jones-Sawyer, Skinner, |
| |Weber, Williams | |Waldron |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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)Provides immunity from civil liability to any CAO or school
employee who in good faith disseminates the notification and
information 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 :
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1)Enumerates certain crimes for which a person shall be required
to register as a sex offender. (Penal Code (PC) Section
290.008)
2)Specifies that 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 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. (PC Section 626.81)
3)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)
4)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)
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5)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
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)
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
parent or guardian, or any other method normally used to
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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.
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.
According to the Senate Public Safety Committee, 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 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.
The author states, "This bill ensures that parents are aware
that the individual will be on the premises ahead of time.
Parental notification of a sex offender on campus gives parents
the opportunity to take precautionary measures if they have
question regarding their child's safety."
This bill raises the following policy considerations: Should an
individual who is required to register as a 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? While this bill does not revoke a
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principal's authority to enter a school campus for purposes of
volunteering, does it do so as a practical matter because of
either the costs involved with providing the required
notification, or due to fear of retribution from the parents of
the pupils? 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?
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0001694