California Assembly Bill AB2034 Amended / Bill

 BILL NUMBER: AB 2034AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2010 AMENDED IN ASSEMBLY MARCH 16, 2010 INTRODUCED BY Assembly Member Knight (Principal coauthor: Senator Runner) FEBRUARY 17, 2010 An act to  add Section 44836.5 to   amend Sections 35021, 35021.1, 35021.2, 44836, and 49024 of  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.  Existing law authorizes any person, except a person required to register as a sex offender pursuant to a designated provision, to be permitted by the governing board of a school district to serve as a nonteaching volunteer aide under the immediate supervision and direction of certificated personnel of the district to perform noninstructional work that serves to assist the certificated personnel of the district in their teaching and administrative responsibilities. Existing law authorizes a school district or county office of education to request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of a designated sex offense.  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.  Existing law requires, prior to assuming a paid or volunteer position to supervise, direct, or coach a pup  il activity program sponsored by, or affiliated with, a school district, noncertificated candidates to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing.  This bill would  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   specify that each of these provisions apply to charter schools. The bill would also  prohibit persons who have been convicted of 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 activities of that district   serving as nonteaching volunteer aides  . Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 35021 of the   Education Code   is amended to read:  35021. (a) Notwithstanding any other law, any person, except a person required to register as a sex offender pursuant to Section 290 of the Penal Code, may be permitted by the governing board of  any   a  school district  , county office of education, or charter school  to perform the duties specified in Section 44814 or 44815, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district to perform noninstructional work which serves to assist the certificated personnel in performance of teaching and administrative responsibilities. With respect to this noninstructional work, the nonteaching volunteer aide shall serve without compensation of any type or other benefits accorded to employees of the district, except as provided in Section 3364.5 of the Labor Code. (b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu of filling the classified position. (c) It is the intent of the Legislature to permit school districts to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements.  SEC. 2.   Section 35021.1 of the   Education Code   is amended to read:  35021.1.  (a)    A school district  or   ,  county office of education  , or a charter school  may request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of any sex offense as defined in Section 44010  . A   ,   controlled substance offense as defined in Section 44011, or a violent or serious offense as defined in Section 45122.1. A person who would be prohibited from employment or retention in employment under Section 44836 or 45122.1 shall be prohibited from serving as a nonteaching volunteer aide.   (b)    A  plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency.  SEC. 3.   Section 35021.2 of the   Education Code   is amended to read:  35021.2. (a) When a school district  or   ,  county office of education  , or charter school  pursuant to Section 11105.3 of the Penal Code requests from the Department of Justice records involving criminal offenses committed by a prospective volunteer, the school district or county office of education may request that the Department of Justice provide subsequent arrest notification service pursuant to Section 11105.2 of the Penal Code. The Department of Justice shall comply with a request made pursuant to this section. (b) This section also applies to a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level that requests, pursuant to Section 11105.3 of the Penal Code, records involving criminal offenses committed by a prospective volunteer.  SEC. 4.   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. (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 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. (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. (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 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.  (d) Notwithstanding Section 47610, this section applies to a charter school.   SEC. 5.   Section 49024 of the   Education Code   is amended to read:  49024. (a) Prior to assuming a paid or volunteer position to supervise, direct, or coach a pupil activity program sponsored by, or affiliated with, a school district, all noncertificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7. (b) A pupil activity program sponsored by, or affiliated with, a school district includes, but is not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by a school district or school booster club, including, but not limited to, cheer team, drill team, dance team, and marching band. (c) Volunteer supervisors for breakfast, lunch, or other nutritional periods pursuant to Sections 44814 and 44815, and nonteaching volunteer aides under the immediate supervision and direction of certificated personnel of the district pursuant to Section 35021, shall not be required to obtain an Activity Supervisor Clearance Certificate. (d) Candidates may be issued a temporary certificate in accordance with Sections 44332 and 44332.5 while the application is being processed.  (e) Notwithstanding Section 47610, this section applies to a charter school.   (e)   (f)  This section shall become operative on July 1, 2010.  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.