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