Understanding the Implications of AB 346 Conway

1. 1 Understanding the Implicationsof AB 346 (Conway) Laura Preston, Legislative Advocate Association of California School Administrators Diane Marshall-Freeman, Partner Fagen Friedman & Fulfrost

2. 2 History AB 1025 (Conway) Became law on January 1, 2010 but did not take effect until July 1, 2010 Introduced to close perceived loophole in fingerprinting requirements regarding walk-on coaches Legislative process expanded the scope of the law while interested parties were led to believe the bill only dealt with walk-on coaches Questions from members got ACSA involved in determining scope of legislation

3. 3 History AB 1025, (Conway) cont. AB 1025 final version stated: All non-certificated employees and volunteers who coach, direct or supervise a student activity/program sponsored by or affiliated with a school district are required to submit both DOJ and FBI fingerprints to the Commission on Teacher Credentialing (CTC) and obtain an Activities Supervisor Clearance Certificate (ASCC).

4. 4 Unintended Consequences Required a double set of fingerprints in order to receive the ASCC ($106.00) Classified employees would need to go to the CTC for the first time �Affiliated With� included Boys and Girls Clubs, Scouts, Little League, Park and Recreation Districts, anyone who had a facility use agreement with the school district Students who worked in their own districts part time or volunteered now required to receive the ASCC

5. 5 Unintended Consequences, cont. Thousands of volunteers began notifying school districts they would no longer volunteer Increased liability for school districts if a volunteer applied only through the CTC No mechanism for CTC to notify school district of subsequent arrest Unclear who needed to receive the ASCC

6. 6 What Happened Next ACSA organized meetings with stakeholders and CTC to clarify issues CTC Coded Correspondence ACSA, school district management, CIF and labor interest groups began work to �fix� problems with AB 1025 Over 20 sets of amendments Outside stakeholders got involved July 1, 2010 was rapidly approaching

7. 7 What Happened Next, cont. Tried to extend implementation of AB 1025 by one year, giving all stakeholders an opportunity to redraft provisions Amended AB 346 (Conway) to extend implementation date. Governor�s Office and others concerned about student safety during the one-year suspension; blocked our efforts After intense negotiations, AB 346 was amended

8. 8 AB 346 Far from a perfect bill Legislation expands scope of individuals who require fingerprinting Increases student safety Fixes major problems associated with AB 1025 Is the law unless another bill is introduced to amend statute in the future 1. Removes �affiliated with� 2. Gives school districts the choice to require DOJ and FBI prints or go to the CTC to receive the ASCC

9. 9 Provisions of AB 346 Clarifies that fingerprinting consortiums can print for purposes of receipt of the ASCC or for the DOJ/FBI prints Fingerprint requirements are for school district-sponsored activities only Eliminates �direct, supervise or coach� requirement thereby expanding who will need to be fingerprinted Even if a district requires the fingerprints, there is no financial obligation for the district to pay for the prints

10. 10 Provisions of AB 346, cont. Provides exemptions from the fingerprinting requirement for: Non-teaching volunteer aides under the direct supervision of a credentialed employee Parents volunteering in a classroom or on a field trip or a community member providing non-instructional services Volunteer supervisors for breakfast, lunch, or other specified nutritional periods

11. 11 Provisions of AB 346, cont. The school district may require the fingerprinting. If the district requires the fingerprinting, there is no need to go to the CTC, be fingerprinted again, and receive the ASCC AB 346 still allows for the CTC to issue the ASCC if a district chooses not to require the fingerprints AB 346 is not retroactive

12. 12 Please Note � If a school district has not fingerprinted an individual and opts for that person to go to the CTC to receive the ASCC, there is no mechanism for the CTC to notify the school district upon a subsequent arrest until the certificate is actually revoked. The school district will be liable for having a person at an onsite event without the knowledge that an offense has been committed. In order to avoid this problem, a school district who decides to have a volunteer go to the CTC should also consider fingerprinting that person again in order to be notified immediately by DOJ if something occurs.

13. 13 What You Need to Know Students who are enrolled in a schooldistrict are not required to be fingerprinted in order to volunteer or work part time in that district If the district has already required DOJ and FBI fingerprints for classified employees or volunteers, you have met the law and nothing more needs to be done This legislation applies to more people than just coaches

14. 14 What You Need to Know, cont. If a non certificated employee or volunteer has already been fingerprinted by the DOJ, for purposes of AB 346 this individual would only need to be fingerprinted by the FBI If a new applicant or volunteer will serve in the capacity outlined in AB 346, they must be fingerprinted by both the DOJ and the FBI The district decides which individuals are fingerprinted

15. 15 What You Need to Know, cont. AB 346 states that any non certificated individual who is assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district must be fingerprinted by the DOJ and the FBI

16. 16 What You Need to Know, cont. AB 346 Assembly analysis clarifies legislative intent on who should be fingerprinted Head coaches, assistant coaches, auxiliary coaches, and anyone who will be alone with a student in an official capacity during a pupil activity sponsored by a school district is to be both DOJ and FBI fingerprinted

17. 17 What You Need to Know, cont. Legislative intent further states that non-teaching volunteer aides, parents who volunteer in a classroom or on a field trip, community volunteers providing non-instructional services are not required to be fingerprinted and will fall under the local district policy regarding non-teaching volunteer aides

18. 18 Helpful Hints AB 346 is intended to require fingerprints from individuals who are working alone with students in school-sponsored activities Examples given during legislative discussions: coaches, (including the head coach), offensive line coach, defensive line coach, Spanish Club leader, Chess Club leader, band leader, cheer leading coach, etc

19. 19 Helpful Hints Although AB 346 mentions Booster Clubs, it is in the context of hiring coaches for various events, not for their extended activities (i.e. fundraisers) Remember, CTC is unable to notify school districts if subsequent problems arise and an individual has only been printed by the CTC Potential school district liability Remember to use common sense!

20. 20 Questions From the Field Question: What was the legislative intent regarding paraeducators, Behavior Specialists, Bus Drivers? Answer: These jobs were never discussed in the context of the bill. These are educational programs not school-sponsored activities so are not required to be fingerprinted by both the DOJ and FBI. Question: Would a paraeducator whose job includes changing a developmentally delayed adult�s diaper in a restroom that is not under the direct, immediate supervision of a certificated person be covered? Answer: The original fingerprinting law relates to adults who are in contact with minors. Therefore, a paraeducator changing a developmentally delayed adult�s diaper would not be required to be fingerprinted. Also, this is not a school-sponsored activity. **

21. 21 More Questions Question: Would a bus driver be covered if no certificated person was on the bus? Answer: If the individual is an employee of the district, they would already be fingerprinted by the DOJ. If they are not an employee of the district and to determine whether FBI prints are needed would be a decision of the school district. But riding a bus is not a student activity and not the intent of AB 346. Question: Would a physical therapist providing services in a room adjacent to the classroom be covered? Answer: This was never contemplated in discussions surrounding the bill, and again this is not a school-sponsored activity. **

22. 22 More Questions Question: Would a paraeducator whose job includes monitoring a developmentally delayed teenager�s employment without the presence of a certificated person be covered? Answer: This is considered an instructional program and not a school-sponsored activity, so no fingerprinting is required. ** Question: Do those adults providing school internships have to be fingerprinted by the DOJ and the FBI? Answer: It was never the intent to have private or public employers have to be fingerprinted at all under the provisions of AB 346. These are not school-sponsored activities and are considered an instructional program.

23. 23 More Questions Question: As a county office of education, we provide after-school workers to our school site through a grant the county office received. Would these individuals needs to be both DOJ and FBI printed? Answer: AB 346 only applies to school districts. If the school district was the sponsor of the after school program, then those employees/volunteers who are alone with students would need to be fingerprinted by both the DOJ and the FBI. In this example, the county office is the sponsor and receiver of the funds to provide the program. There is no FBI requirement. Question: Does AB 346 only apply to coaches? Answer: No, the bill does expand those who must be fingerprinted. However, remember, the threshold is if you are alone with students in a school-sponsored student activity then you should be fingerprinted. If a non-credentialed employee or volunteer only works in a classroom under the direct supervision of a certificated employee, then there is no requirement. Refer back to additional exemptions.

24. 24 More Questions Question: Does AB 346 require high school students to be fingerprinted in order to volunteer or work for the school district? Answer: If the student is enrolled in the school district that he/she is volunteering or working in, then there is no fingerprint requirement per current law. Question: Will college students working with my school-sponsored programs be required to receive the ASCC? Answer: If the district opts to require the community college students to be DOJ/FBI fingerprinted, then it is not necessary to have to be fingerprinted again and receive the ASCC.

25. 25 More Questions Question: What are the requirements for a school district program that is contracted with a city, parks and recreation district, etc. to provide services to the school district? Answer: AB 346 addresses a "school-sponsored student activity." In determining whether the provisions of AB 346 apply, a school district should assess whether the activity is "school-sponsored" even though another agency is involved. ** Question: Can a school district require certain groups of volunteers or employees to go to the CTC and others be required to be fingerprinted without going to the CTC? Answer: Yes. It is left to the school district to make this determination.

26. 26 More Questions Question: Does every volunteer have to be fingerprinted in a school-sponsored activity? Answer: If they are not working directly and alone with students, then no. Question: Are Booster Club fundraising activities, like car washes, required to fall under the provisions of AB 346? Answer: I assure you, that is not the intent of AB 346. The language mentioned school Booster Clubs because there are times they pay the school district for a walk-on coach stipend.

27. 27 More Questions Question: Are volunteer drivers who take students on field trips or athletic events in their own vehicles required to be fingerprinted under AB 346? Answer: AB 346 provides exemptions for parents and volunteers who go on fieldtrips. This issue of driving a student was really never contemplated and should be addressed by the school board policy. Question: Does AB 346 apply to only new hires or volunteers? Answer: AB 346 is not retroactive after July 9, 2010 and only applies to non-certificated employees and volunteer who assume the school district defined positions after July 9, 2010.

28. 28 More Questions Question: Will non-credentialed employees working in adult education or other programs with adult students be required to be fingerprinted by DOJ/FBI? Answer: No. Existing fingerprint laws relate to minor students. AB 346 does not change this statute. And again, this is not a school-sponsored activity. Question: Does AB 346 require all of the service providers in a special education programs to be fingerprinted by DOJ/FBI?  Answer: This is not a school-sponsored activity. This should be clarified by the school district governing board. **

29. 29 Participant Questions�

30. 30 If you have any additional questions, please contact Laura Preston at lpreston@acsa.org or Diane Marshall-Freeman at dmarshall-freeman@fagenfriedman.com ACSA membership, an investment in you and in education. For more information, please contact Member Services at (800)608-ACSA or log on to www.acsa.org

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