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AB-1563 Schools: volunteers: capital maintenance projects.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1563

Introduced  by  Assembly Member Norby

January 30, 2012

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


LEGISLATIVE COUNSEL'S DIGEST


AB 1563, as introduced, Norby. Schools: volunteers: capital maintenance projects.
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 authorize the governing board of a school district to permit a person, except a person required to register as a sex offender, as specified, to serve as an unpaid volunteer for a capital maintenance project in the school district. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2013, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration of that collective bargaining agreement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 the governing board of a school district may permit 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 any 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 which 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) (1) Notwithstanding any other law, the governing board of a school district may permit a person, except a person required to register as a sex offender pursuant to Section 290 of the Penal Code, to serve as an unpaid volunteer for a capital maintenance project in the school district.
(2) To the extent that paragraph (1) conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2013, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, paragraph (1) shall not apply to the school district until expiration of that collective bargaining agreement.

(b)No

(c) A school district may shall not abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu by subdivisions (a) and (b), in place of classified employees who are laid off as a result of the abolition of a position. A school district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu place of filling the classified position.

(c)

(d) It is the intent of the Legislature to permit school districts to use volunteer aides to enhance its their educational program programs, but not to permit displacement of classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements.