|
ASCIP RISK ALERT! Date: July
16, 2010 Attention: ASCIP
Members Subject: Activity
Supervisor Clearance Certificate Amendments In October 2009,
Governor Schwarzenegger chaptered Assembly Bill 1025 which required that all non-certificated persons assuming a paid
or volunteer position to Òsupervise, direct, or coach a pupil activity program
sponsored by, or affiliated with, a
school districtÓ obtain an Activity Supervisor Clearance Certificate
(ASCC) from the California Commission on Teacher Credentialing (CTC). Opposition to this
bill grew quickly due to its enormous impact on financial and human
resources. As a result, the
Association of California School Administrators proposed language amendments under
Assembly Bill 346 which was chaptered by Governor Schwarzenegger on July 9,
2010. AB346 amends and
clarifies much of the existing language in California Education Code section
49024. The language broadened the scope of individuals that are required to
obtain an ASCC (or obtain DOJ and FBI fingerprinting) from those individuals that
Òsupervise, direct, or coach a pupil activityÓ to those individuals who Òwork
with pupils in a pupil activity.Ó In
addition, AB346 only places the above requirements on programs that are
actually Òsponsored byÓ a school district or school booster club as opposed to
those that are Òaffiliated withÓ the school district. The real impact of
AB346 can be found in the addition of subsection (e) to Ed. Code 49024, which
states that Òthis section does not apply to a candidate who is required
by the school district to clear a Department of Justice and Federal Bureau of Investigation
criminal background check prior to beginning the paid or volunteer activities
described ÉÓ Subsection (e) provides school districts with an alternative to
the ASCC requirement by imposing the requirement of a DOJ and FBI background check. Important note: Districts must require both the DOJ and the FBI
background check to bypass the ASCC process. AB1025 and AB346 enhance
existing volunteer requirements under California Education Code Section 45125
by adding the ASC certificate or requiring the addition of the FBI background
check. To obtain an ASCC, 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 ASCC is being processed to
ensure continuity in pupil activity programs. Member districts
are encouraged to review their Board policies and incorporate the DOJ and FBI
background check requirement or the ASCC process. Member districts utilizing paid or volunteer positions to work
with pupils in a pupil activity program should request a copy of the non-certificated
personÕs ASC certificate prior to assigning them to a pupil activity. Member districts should also consider
integrating the proof of ASCC certification into new hire and/or new volunteer
paperwork. For more information on
the ASCC process, visit http://www.ctc.ca.gov/credentials/CREDS/ASCC.html All ASCIP Members
are encouraged to become familiar with these new requirements and take steps to
address such concerns as soon as possible. AB1025 and AB346 requirements took
effect July 1st, 2010. ASCIP Staff is
available to answer questions regarding this new regulation. Related Risk Alerts: |