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Date: November 23, 2009 Attention: ASCIP Members Subject: Background & Fingerprinting for Volunteers AB1025 - Updated Download a printer-friendly version. On a frequent basis, ASCIP Staff receives questions concerning a school's duties and obligations to conduct fingerprinting and background checks for volunteers, coaches, contractors and similar non-employees. In 2009, Governor Schwarzenegger chaptered Assembly Bill 1025 which requires that all non-certificated persons assuming a paid or volunteer position to "supervise, direct, or coach a pupil activity program sponsored by, or affiliated with, a school district" obtain an Activity Supervisor Clearance (ASC) Certificate (ASCC) from the California Commission on Teacher Credentialing (CTC). This bill defines Pupil Activities as 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. AB 1025 enhances existing volunteer requirements under California Education Code Section 45125 by adding the ASC certificate. To obtain an ASC certificate, non-certificated persons must submit fingerprints and background information to the California Commission on Teacher Credentialing. Temporary certificates may be issued during the time that the ASC is being processed to ensure continuity in pupil activity programs. Member districts utilizing paid or volunteer positions to supervise direct or coach pupil activity programs should request a copy of the non-certificated person's ASC certificate prior to assigning them to a pupil activity. Member districts should also consider integrating the proof of ASC certification into new hire and/or new volunteer paperwork. This bill also imposes certain limitations on existing credentialed employees and the number of class periods they may coach in addition to their current assignments. On February 9, 2010, the CTC held a webinar to clarify the provisions of this new regulation. The CTC stated that AB1025 and the corresponding Education Code Section 44258.7 will remain as written. The CTC clarified that this regulation does not apply to charter schools. In addition, the CTC offered a brief checklist to determine who is required to hold an ASCC. It is important to note that Education Code Section 45125 still requires fingerprinting for select volunteers, aides, coaches that do not supervise, direct or coach student activities. The ASCC is an additional requirement for those that do supervise, direct or coach. All ASCIP Members are encouraged to become familiar with these new requirements and take steps to address such concerns as soon as possible. AB 1025 requirements take effect July 1st, 2010. ASCIP Staff is available to answer questions regarding this new regulation. |