California Assembly Bill AB2034 Amended / Bill

 BILL NUMBER: AB 2034AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 16, 2010 INTRODUCED BY Assembly Member Knight (Principal coauthor: Senator Runner) FEBRUARY 17, 2010 An act to  amend Section 44836 of   add Section 44836.5 to  the Education Code, relating to public school volunteers. LEGISLATIVE COUNSEL'S DIGEST AB 2034, as amended, Knight. Public school volunteers: persons convicted of sex or controlled substance offenses.  (1) Existing   Existing  law prohibits school district governing boards from employing or retaining in employment persons in public school service who have been convicted of a designated sex offense or controlled substance offense unless the conviction is reversed and the person is acquitted of the offense in a new trial, or the charges against him or her are dismissed. This bill would  also prohibit school district governing boards from allowing   establish the Safe School Volunteers   Program, under which the governing board of a school district that opted, as prescribed, on or before June 30, 2011, to participate would be required, on and after July 1, 2011, to perform, or arrange for the performance of, background checks for persons, other than pupils of that district, who seek to voluntarily participate in any district activities. The bill would prohibit  persons who have been convicted of  these   the designated sex or controlled substance  offenses, and who have not been subsequently acquitted or had the charges against them dismissed, from voluntarily participating in  school  activities  of that district  .  Because this bill would impose new duties on school districts, it would constitute a state-mandated local program.   (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 44836.5 is added to the   Education Code  , to read:   44836.5. (a) The Safe School Volunteers Program is hereby established. (b) The governing board of a school district may opt to participate in the Safe School Volunteers Program by enacting a resolution to that effect at a regularly scheduled public meeting on or before June 30, 2011. (c) On and after July 1, 2011, a school district that has opted to participate in the Safe School Volunteers Program shall perform, or arrange for the performance of, background checks for persons, other than pupils of that district, who seek to voluntarily participate in any district activities. Any person who would be prohibited from employment or retention in employment under Section 44836 shall also be prohibited from voluntary participation in any activities of the district under this section.   SECTION 1.   Section 44836 of the Education Code is amended to read: 44836. (a) (1) The governing board of a school district shall not employ or retain in employment persons in public school service who have been convicted, or who have been convicted following a plea of nolo contendere to charges, of any sex offense as defined in Section 44010. The governing board of a school district also shall not allow a person to whom this paragraph is applicable to voluntarily participate in any district activities. (2) If a person's conviction of a sex offense as defined in Section 44010 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment or ability to voluntarily participate in district activities thereafter. If the dismissal was pursuant to Section 1203.4 of the Penal Code and the victim of the sex offense was a minor, this section does prohibit the person's employment and voluntary participation in district activities. (b) (1) The governing board of a school district also shall not employ or retain in employment persons in public school service who have been convicted of any controlled substance offense as defined in Section 44011. The governing board of a school district also shall not allow a person to whom this paragraph is applicable to voluntarily participate in any district activities. (2) If a person's conviction for a controlled substance offense as defined in Section 44011 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment or ability to voluntarily participate in district activities thereafter. (c) Notwithstanding subdivision (b), the governing board of a school district may employ a person convicted of a controlled substance offense in a position requiring certification qualifications if that person holds an appropriate credential issued by the Commission on Teacher Credentialing.   SEC. 2.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.