BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                            2013-14 Regular Session
                                        

          BILL NO:       SB 687
          AUTHOR:        Anderson
          AMENDED:       April 25, 2013
          FISCAL COMM:   No             HEARING DATE:  January 15,  
          2014
          URGENCY:       No             CONSULTANT:Lenin Del Castillo  
           

           SUBJECT  :  Public School Volunteers.
          
           SUMMARY   

          This bill authorizes the governing board of a school  
          district to utilize volunteers to perform the maintenance  
          or improvement of school facilities under the supervision  
          of a district employee.

           BACKGROUND  

          Under current law, any person, except a registered sex  
          offender, may be permitted by the governing board of a  
          school district to perform student supervisory duties  
          during breakfast and lunch periods or serve as a  
          nonteaching volunteer aide under the immediate supervision  
          and direction of the certificated personnel of the school  
          district to perform noninstructional work without  
          compensation.  School districts may not abolish any of its  
          classified positions and utilize volunteer aides in lieu of  
          classified employees who are laid off as a result of the  
          abolishment of a position.  Additionally, a school district  
          may not refuse to employ a person in a vacant classified  
          position and use volunteer aides instead.  (Education Code  
          � 35021) 
           
          ANALYSIS  

           This bill  authorizes the governing boards of school  
          districts to permit a person, except for a registered sex  
          offender, to volunteer time or resources under the  
          supervision of a district employee for the maintenance or  





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          improvement of a school facility.  The volunteer shall  
          serve without compensation of any type or other benefits.

          This bill also adds language indicating that it is the  
          intent of the Legislature to permit a school district to  
          use volunteers to enhance its facilities. 

           STAFF COMMENTS  

           1)   Need for the bill  :  According to the author's office,  
               due to recent budget cuts, school districts have had  
               difficulty with maintaining their facilities and do  
               not have the flexibility under current law to properly  
               utilize volunteers and assistance from their  
               communities.  The purpose of this bill is to provide  
               the ability for local districts to assess the best way  
               to meet their maintenance needs with the help of  
               parents and community members. 

           2)   Liability for school districts  .  This bill allows  
               volunteers to perform a variety of capital and  
               maintenance projects normally performed by classified  
               school employees such as painters, carpenters,  
               plumbers, electricians, and grounds keepers.  This  
               could result in work being performed by volunteers who  
               may not possess the proper qualifications or training  
               which could then lead to inadequate work.  The  
               California School Employees Association (CSEA) and  
               California Labor Federation have cited several  
               problems relating to the use of volunteers, including  
               the improper installation of an air conditioning unit  
               that resulted in a total loss, installation of a  
               playground set that collapsed causing injury to  
               students, volunteers mowing lawns without resetting  
               blades and cutting off all sprinkler heads, and  
               volunteers painting buildings without appropriate  
               preparation work.  

               In addition to the potential for faulty work being  
               performed and the associated costs that may result,  
               this bill raises several issues of liability.  What  
               happens if a volunteer is injured while working?   
               Would he or she be covered under the district's  
               insurance or workers compensation plan?  If a  
               volunteer sues for his or her injuries, would the  





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               school district or the state be liable?  

           SUPPORT
           
          EdVoice
          Letters from individuals.

           OPPOSITION
           
          California Labor Federation
          California Professional Firefighters
          California School Employees Association
          Service Employees International Union