Bill Text: CA AB940 | 2013-2014 | Regular Session | Amended

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Bill Title: Schools: volunteers: school facility maintenance or improvement.

Sponsorship: Partisan Bill (Republican 9)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB940 Detail]

Download: California-2013-AB940-Amended.html

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BILL NUMBER: AB 940	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Morrell
    (   Coauthors:   Assembly Members 
 Conway,   Gaines,   Gorell,   Grove,
  Harkey,   Jones,   Nestande,  
and Wilk   ) 

                        FEBRUARY 22, 2013

   An act to amend Section 35021 of the Education Code, relating to
school volunteers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 940, as amended, Morrell. Schools: volunteers: school facility
maintenance or improvement.
   Existing law authorizes the governing board of any school district
to permit a person, except a person required to register as a sex
offender, as specified, to volunteer to supervise pupils during the
school lunch period or any breakfast period or nutrition period, or
to serve as a nonteaching volunteer aide under the immediate
supervision and direction of the certificated personnel of the
district, as specified. Existing law prohibits a school district from
abolishing any of its classified positions and utilizing those
volunteers for those services in place of classified employees laid
off as a result of the abolition of a position.
   This bill would delete this prohibition. The bill would authorize
the governing board of a school district, as defined, to permit a
person, except a person required to register as a sex offender, as
specified, to volunteer time or resources under the supervision of a
district employee for the maintenance or improvement of a school
facility, as provided. The bill would prohibit a collective
bargaining agreement entered into after January 1, 2014, from
prohibiting a school district from using volunteers.
   Existing law provides that it is the intent of the Legislature to
permit a school district to use volunteer  aids 
 aides  to enhance its educational program but not to permit
displacement of classified employees nor to allow a district to
utilize volunteers in lieu of normal employee requirements.
   This bill would instead state that it is the intent of the
Legislature to permit a school district to use volunteers to enhance
its educational program or facilities but not to encourage
displacement of classified employees nor to encourage districts to
use volunteers in lieu of normal employee requirements.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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 
 a  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 a school district 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 that 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) Notwithstanding any other law,  any   a
 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 a school district to volunteer time or resources
under the supervision of a district employee for the maintenance or
improvement of a school facility. With respect to this work, the
volunteer 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.
   (c) Notwithstanding any other law, a collective bargaining
agreement entered into after January 1, 2014, shall not prohibit a
school district from using or encouraging volunteers pursuant to this
section or any other section permitting or encouraging volunteers to
participate in a school.
    (d) It is the intent of the Legislature to permit a school
district to use volunteers to enhance its educational program or
facilities but not to encourage displacement of classified employees
nor to encourage districts to use volunteers in lieu of normal
employee requirements.
   (e) For purposes of this section "school district" includes
 any   a  county office of education or
charter school.