Amended IN Senate April 01, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1176Introduced by Senator RubioFebruary 20, 2020 An act relating to public school volunteers. to add Section 11105.05 to the Penal Code, relating to criminal records.LEGISLATIVE COUNSEL'S DIGESTSB 1176, as amended, Rubio. Public Criminal records: school volunteers.Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports, known as the Child Abuse Central Index. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law makes it a crime for a person authorized to receive information from a criminal record to knowingly furnish that information to a person who is not authorized by law to receive that information.This bill would authorize specified schools to submit to the department fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. The bill would authorize the department to charge a fee to cover the costs of processing the federal-level criminal record information, but would prohibit the department from charging a fee to cover the costs of state-level criminal record information if a school district is processing applications for parent volunteer candidates. Because this bill would expand the group of persons who can be convicted for knowingly furnishing criminal record information to unauthorized persons, it would expand the scope of an existing crime and therefor impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Existing law authorizes any person, except a person required to register as a sex offender as specified, 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 instructional work, as specified. 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 if the prospective nonteaching volunteer aide has been convicted of certain sex offenses. Existing law authorizes the local law enforcement agency to charge a fee to the requester agency not to exceed the law enforcement agencys actual expense.This bill would state the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) (1) It is essential to our democratic form of government that parents and legal guardians of schoolage children attending public schools and other citizens participate in improving public educational institutions. Specifically, involving parents and legal guardians of pupils in the educational process is fundamental to a healthy system of public education.(2) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.(3) All participants in the educational process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.(4) Family and school collaborative efforts are most effective when they involve parents and legal guardians in a variety of roles at all grade levels, from preschool through high school.(b) Existing law ascertains the rights of parents and legal guardians of pupils enrolled in public schools to volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher, and volunteering in other activities at the school. Although parent volunteers may assist with instruction, primary instructional responsibility remains with the teacher.(c) The Legislature reaffirms a school districts authority to create local policies and procedures for the purpose of implementing state and federal law. As such, school districts are authorized to establish local parent volunteer participation policies that meet the needs of their student population while ensuring their safety and well-being.(d) Existing law authorizes public entities to require background checks for specified individuals to ensure the well-being and safety of minors.(e) It is the intent of the Legislature to minimize the costs associated with background checks for nonteaching parent volunteers at low-income public schools by waiving the fees associated with fingerprinting by the Department of Justice under circumstances when local school district policies require a background check for certain parent volunteers.SEC. 2. Section 11105.05 is added to the Penal Code, to read:11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.
Amended IN Senate April 01, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1176Introduced by Senator RubioFebruary 20, 2020 An act relating to public school volunteers. to add Section 11105.05 to the Penal Code, relating to criminal records.LEGISLATIVE COUNSEL'S DIGESTSB 1176, as amended, Rubio. Public Criminal records: school volunteers.Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports, known as the Child Abuse Central Index. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law makes it a crime for a person authorized to receive information from a criminal record to knowingly furnish that information to a person who is not authorized by law to receive that information.This bill would authorize specified schools to submit to the department fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. The bill would authorize the department to charge a fee to cover the costs of processing the federal-level criminal record information, but would prohibit the department from charging a fee to cover the costs of state-level criminal record information if a school district is processing applications for parent volunteer candidates. Because this bill would expand the group of persons who can be convicted for knowingly furnishing criminal record information to unauthorized persons, it would expand the scope of an existing crime and therefor impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Existing law authorizes any person, except a person required to register as a sex offender as specified, 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 instructional work, as specified. 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 if the prospective nonteaching volunteer aide has been convicted of certain sex offenses. Existing law authorizes the local law enforcement agency to charge a fee to the requester agency not to exceed the law enforcement agencys actual expense.This bill would state the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate April 01, 2020
Amended IN Senate April 01, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1176
Introduced by Senator RubioFebruary 20, 2020
Introduced by Senator Rubio
February 20, 2020
An act relating to public school volunteers. to add Section 11105.05 to the Penal Code, relating to criminal records.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1176, as amended, Rubio. Public Criminal records: school volunteers.
Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports, known as the Child Abuse Central Index. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law makes it a crime for a person authorized to receive information from a criminal record to knowingly furnish that information to a person who is not authorized by law to receive that information.This bill would authorize specified schools to submit to the department fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. The bill would authorize the department to charge a fee to cover the costs of processing the federal-level criminal record information, but would prohibit the department from charging a fee to cover the costs of state-level criminal record information if a school district is processing applications for parent volunteer candidates. Because this bill would expand the group of persons who can be convicted for knowingly furnishing criminal record information to unauthorized persons, it would expand the scope of an existing crime and therefor impose a state-mandated local program.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 no reimbursement is required by this act for a specified reason.Existing law authorizes any person, except a person required to register as a sex offender as specified, 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 instructional work, as specified. 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 if the prospective nonteaching volunteer aide has been convicted of certain sex offenses. Existing law authorizes the local law enforcement agency to charge a fee to the requester agency not to exceed the law enforcement agencys actual expense.This bill would state the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.
Existing law requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by agencies mandated to make those reports, known as the Child Abuse Central Index. Existing law requires the Department of Justice to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation.
Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit to the department fingerprint images and related information of employment and volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law makes it a crime for a person authorized to receive information from a criminal record to knowingly furnish that information to a person who is not authorized by law to receive that information.
This bill would authorize specified schools to submit to the department fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. The bill would authorize the department to charge a fee to cover the costs of processing the federal-level criminal record information, but would prohibit the department from charging a fee to cover the costs of state-level criminal record information if a school district is processing applications for parent volunteer candidates. Because this bill would expand the group of persons who can be convicted for knowingly furnishing criminal record information to unauthorized persons, it would expand the scope of an existing crime and therefor impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Existing law authorizes any person, except a person required to register as a sex offender as specified, 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 instructional work, as specified. 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 if the prospective nonteaching volunteer aide has been convicted of certain sex offenses. Existing law authorizes the local law enforcement agency to charge a fee to the requester agency not to exceed the law enforcement agencys actual expense.
This bill would state the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) (1) It is essential to our democratic form of government that parents and legal guardians of schoolage children attending public schools and other citizens participate in improving public educational institutions. Specifically, involving parents and legal guardians of pupils in the educational process is fundamental to a healthy system of public education.(2) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.(3) All participants in the educational process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.(4) Family and school collaborative efforts are most effective when they involve parents and legal guardians in a variety of roles at all grade levels, from preschool through high school.(b) Existing law ascertains the rights of parents and legal guardians of pupils enrolled in public schools to volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher, and volunteering in other activities at the school. Although parent volunteers may assist with instruction, primary instructional responsibility remains with the teacher.(c) The Legislature reaffirms a school districts authority to create local policies and procedures for the purpose of implementing state and federal law. As such, school districts are authorized to establish local parent volunteer participation policies that meet the needs of their student population while ensuring their safety and well-being.(d) Existing law authorizes public entities to require background checks for specified individuals to ensure the well-being and safety of minors.(e) It is the intent of the Legislature to minimize the costs associated with background checks for nonteaching parent volunteers at low-income public schools by waiving the fees associated with fingerprinting by the Department of Justice under circumstances when local school district policies require a background check for certain parent volunteers.SEC. 2. Section 11105.05 is added to the Penal Code, to read:11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) (1) It is essential to our democratic form of government that parents and legal guardians of schoolage children attending public schools and other citizens participate in improving public educational institutions. Specifically, involving parents and legal guardians of pupils in the educational process is fundamental to a healthy system of public education.(2) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.(3) All participants in the educational process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.(4) Family and school collaborative efforts are most effective when they involve parents and legal guardians in a variety of roles at all grade levels, from preschool through high school.(b) Existing law ascertains the rights of parents and legal guardians of pupils enrolled in public schools to volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher, and volunteering in other activities at the school. Although parent volunteers may assist with instruction, primary instructional responsibility remains with the teacher.(c) The Legislature reaffirms a school districts authority to create local policies and procedures for the purpose of implementing state and federal law. As such, school districts are authorized to establish local parent volunteer participation policies that meet the needs of their student population while ensuring their safety and well-being.(d) Existing law authorizes public entities to require background checks for specified individuals to ensure the well-being and safety of minors.(e) It is the intent of the Legislature to minimize the costs associated with background checks for nonteaching parent volunteers at low-income public schools by waiving the fees associated with fingerprinting by the Department of Justice under circumstances when local school district policies require a background check for certain parent volunteers.
SECTION 1. The Legislature finds and declares all of the following:(a) (1) It is essential to our democratic form of government that parents and legal guardians of schoolage children attending public schools and other citizens participate in improving public educational institutions. Specifically, involving parents and legal guardians of pupils in the educational process is fundamental to a healthy system of public education.(2) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.(3) All participants in the educational process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.(4) Family and school collaborative efforts are most effective when they involve parents and legal guardians in a variety of roles at all grade levels, from preschool through high school.(b) Existing law ascertains the rights of parents and legal guardians of pupils enrolled in public schools to volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher, and volunteering in other activities at the school. Although parent volunteers may assist with instruction, primary instructional responsibility remains with the teacher.(c) The Legislature reaffirms a school districts authority to create local policies and procedures for the purpose of implementing state and federal law. As such, school districts are authorized to establish local parent volunteer participation policies that meet the needs of their student population while ensuring their safety and well-being.(d) Existing law authorizes public entities to require background checks for specified individuals to ensure the well-being and safety of minors.(e) It is the intent of the Legislature to minimize the costs associated with background checks for nonteaching parent volunteers at low-income public schools by waiving the fees associated with fingerprinting by the Department of Justice under circumstances when local school district policies require a background check for certain parent volunteers.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) (1) It is essential to our democratic form of government that parents and legal guardians of schoolage children attending public schools and other citizens participate in improving public educational institutions. Specifically, involving parents and legal guardians of pupils in the educational process is fundamental to a healthy system of public education.
(2) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.
(3) All participants in the educational process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.
(4) Family and school collaborative efforts are most effective when they involve parents and legal guardians in a variety of roles at all grade levels, from preschool through high school.
(b) Existing law ascertains the rights of parents and legal guardians of pupils enrolled in public schools to volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher, and volunteering in other activities at the school. Although parent volunteers may assist with instruction, primary instructional responsibility remains with the teacher.
(c) The Legislature reaffirms a school districts authority to create local policies and procedures for the purpose of implementing state and federal law. As such, school districts are authorized to establish local parent volunteer participation policies that meet the needs of their student population while ensuring their safety and well-being.
(d) Existing law authorizes public entities to require background checks for specified individuals to ensure the well-being and safety of minors.
(e) It is the intent of the Legislature to minimize the costs associated with background checks for nonteaching parent volunteers at low-income public schools by waiving the fees associated with fingerprinting by the Department of Justice under circumstances when local school district policies require a background check for certain parent volunteers.
SEC. 2. Section 11105.05 is added to the Penal Code, to read:11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.
SEC. 2. Section 11105.05 is added to the Penal Code, to read:
### SEC. 2.
11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.
11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.
11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.
11105.05. (a) A school district may submit to the Department of Justice fingerprint images and related information of nonteaching parent volunteer candidates for the purpose of obtaining information as to the existence and nature of any record of child abuse investigations contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Requests for federal-level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.
(b) When requesting state-level criminal offender record information pursuant to this section, the school district shall request subsequent arrest notifications, pursuant to Section 11105.2, for all school nonteaching volunteer parent candidates.
(c) The department shall respond to the school district with information as delineated in subdivision (p) of Section 11105.
(d) (1) The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information. The school district pursuing the fingerprinting images and related information of parent volunteer candidates shall determine locally whether the school district will cover the processing costs associated with the federal-level criminal offender record information, or whether the cost will be incurred by the parent volunteer candidate.
(2) The department shall not charge a fee for state-level criminal offender record information if a school district is processing applications for parent volunteer candidates. This paragraph does not apply to third-party providers or vendors who are processing fingerprinting images.
(3) The department shall update existing fee schedules and other information available to the public to reflect the fees in this section.
(e) For purposes of this section, a designated school nonteaching volunteer must be a parent at a Title 1 school, as provided for in Subchapter 1 (commencing with Section 6301) of Chapter 70 of Title 20 of the United States Code, who voluntarily offers support to a school site with a large concentration of low-income students that needs additional assistance in meeting the student educational goals.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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It is the intent of the Legislature to enact future legislation that would prohibit a fingerprinting fee for parent volunteers.