Duties of Volunteers
Volunteers, may assist certificated personnel in the performance of their duties, in the supervision of students, and in instructional tasks which, in the judgment of the certificated personnel to which the volunteer is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to students (Education Code 45343, 45344, 45349) nor shall they include access to student cumulative records or any other confidential student information.
Volunteers may supervise students during lunch, breakfast, or other nutritional periods or may serve as non-teaching aides under the immediate supervision and direction of certificated personnel to perform non-instructional work which assists certificated personnel in the performance of teaching and administrative responsibilities. (Education Code 35021, 44814, 44815) These volunteers are not to be left alone with students nor are they allowed to supervise students outside the presence of a certificated employee.
Nothing in this regulation shall prohibit authorized parents/guardians from visiting their child's classroom or school campus providing that such a visit has been arranged in advance with the school administrator and is in compliance with Board Policy 1250 Community Relations.
All visitors and volunteers must sign in at the school office, unless otherwise arranged by the principal, and wear a volunteer badge for the duration of the time spent on campus.
Facilities project volunteers may work on short-term facilities projects pursuant to Governing Board policy. Facilities project volunteers may be subject to criminal background checks based on proximity of work and unsupervised access to students and whether they will be working by themselves or with others.
Volunteer Application/Fingerprinting
All volunteers, who volunteer at a school site when students are present, will be required to complete a "Volunteer Application" and must have the express approval of the Principal or district administrator for their participation. As part of this application, the volunteer must provide identifying information, and must certify, under penalty of perjury and in conformance with Education Code 35021, that they are not required to register as a sex offender pursuant to Penal Code 290.
Volunteers who regularly participate on site and/or chaperone on overnight field trips will be asked to complete medical emergency notification information.
Volunteers with unrestricted exposure, who work with children and may be unsupervised by district staff, must submit to a criminal background check including fingerprinting.
All volunteers in child care and development programs shall be fingerprinted for criminal record clearance if they have contact with children, (Health and Safety Code 1596.871) unless the volunteer is always under the direct supervision of staff and is not used to replace or supplement staff in providing direct care to children.
All volunteer programs must follow district Administrative Regulations (AR 1240) regarding school volunteers. In order to provide students with a safe environment and allow for a variety of opportunities for volunteering, volunteer participation is classified into four categories. Depending upon the category, certain processes must be completed by district staff prior to volunteering. All volunteers will be screened annually.
Category A
Volunteers or guests who enter a school for a one-time event. This person has no unsupervised exposure or contact with children. Typical examples could include a guest reader, Principal for a Day participant, guest/resource speaker, Career Day volunteer, or other day or guest-type activity.
Screening requirements:
* Be sponsored or approved by a school site or district administrator
* If not known by the school administrator or other district employee, provide current government-issued photo identification (driver's license, passport, military ID, US or other government identification)
* Sign in on the "Volunteer Sign-in Sheet" in the main office, which includes a criminal disclosure
* Upon approval, be required to display a volunteer identification badge to be surrendered at the conclusion of the day's volunteer activity
Category B
Volunteers with group exposure who have little or no direct unsupervised exposure or contact with children. Typical examples could include non-classroom volunteers such as office helpers, non-classroom assistance, organized functions associated with school organizations such as PTA, school foundation, Site Council. Volunteer conditions are typically public settings, staff or other adults can observe at all times, no solitary time with children, and always within unobstructed view.
Screening requirements:
* Be sponsored or approved by a school site or district administrator
* If not known by the school administrator or other district employee, provide current government-issued photo identification (driver's license, passport, military ID, US or other government identification)
* Complete and submit for approval the district School Volunteer Application
* Be checked by designated site personnel against the California Department of Justice, Sexual Offender (Megan's Law) website (http://www.meganslaw.ca.gov)
* Present a Tuberculosis clearance card
* Sign in on the district approved "Volunteer Sign-in Sheet" in the main office, which includes a criminal disclosure
* Upon approval, be required to display a volunteer identification badge to be surrendered at the conclusion of the day's volunteer activity
Category C
Volunteers with classroom exposure, who work with children and are generally supervised by district staff. This could include direct contact with supervision. Typical examples could include tutoring, classroom reading, classroom assistance, before- and after-school programs depending upon the conditions, and field trip drivers with more than one adult in the vehicle.
Conditions typically are classrooms or areas where staff or other adults can observe at most times. These may occasionally include short solitary time with children, always within an unobstructed view, i.e. the "spill out" room or a picnic table out on the grounds.
Screening requirements:
* Be sponsored or approved by a school site or district administrator
* If not known by the school administrator or other district employee, provide current government-issued photo identification (driver's license, passport, military ID, US or other government identification)
* Complete and submit for approval the district School Volunteer Application
* Be checked by designated site personnel against the California Department of Justice, Sexual Offender (Megan's Law) website (http://www.meganslaw.ca.gov)
* Present a Tuberculosis clearance card
* Sign in on the district approved "Volunteer Sign-in Sheet" in the main office, which includes a criminal disclosure
* Upon approval, be required to display a volunteer identification badge to be surrendered at the conclusion of the day's volunteer activity
Category D
Volunteers with unrestricted exposure, who work with children and may be unsupervised by district staff. This volunteer likely will have direct and unsupervised interaction with children. Typical examples could include volunteer walk-on coaches, senior high support personnel for athletics, off-site tutoring, mentoring, and overnight chaperones. Conditions typically could include an off-campus setting and unsupervised solitary time.
Screening requirements:
* Be sponsored or approved by a school site or district administrator
* Be able to present some form of current government-issued photo identification (driver's license, passport, military ID, US or other government identification)
* Complete and submit for approval the district School Volunteer Application
* Submit fingerprints to both State and National databases - conducted by Santa Clara Unified School District
* Present a Tuberculosis clearance card
* Sign in on the district approved "Volunteer Sign-in Sheet" in the main office, which includes a criminal disclosure
* Upon approval, be required to display a volunteer identification badge to be surrendered at the conclusion of the day's volunteer activity
School sites may be charged a fee, to be sufficient to reimburse the General Fund for the costs of processing the criminal background check. In no event shall the fee exceed the actual costs incurred by the school district. No parent shall be required to pay a fee to comply with the requirements of this regulation.
In addition to the initial background check, the district shall obtain subsequent arrest notification to monitor future arrests of volunteers. The district shall assume all expenses associated with these subsequent notifications. Upon receipt of notice that a volunteer has been arrested or convicted of a serious or violent felony as described in Education Code 45125.1, a sexual offense as defined by Education Code 44010, or a controlled substance offense as described in Education Code 44011, the district will immediately prohibit such volunteer from having any contact with students.
This prohibition does not apply to a volunteer who has obtained a certificate of rehabilitation and pardon pursuant to California Penal Code 4852.01 for a serious or violent felony listed under Education Code 45122.1.
Basic Skills Proficiency
All Volunteers assisting in instruction of students shall be proficient in the areas of instruction.
Consistent with Education Code 49024, any volunteer who supervises, directs, or coaches a student activity program shall be required to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing. The certificate, valid for five years, requires a character and fitness review by the CCTC and submission of fingerprints, which will be used for both state and federal criminal record checks.
Student activity programs include, but are not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by the district or a school booster club, such as cheer team, drill team, dance team, and marching band.
This requirement shall not apply to volunteer supervisors for breakfast, lunch, or other nutritional periods or to volunteer non-teaching aides under the immediate supervision and direction of certificated personnel pursuant to Education Code 35021.
The Superintendent or designee shall not assign any person required to register as a sex offender pursuant to Penal Code 290 as a volunteer who assists certificated personnel in the performance of their duties; supervises students during lunch, breakfast, or other nutritional period; or serves as a non-teaching aide to perform non-instructional tasks. In addition, a person who is required to register as a sex offender because of a conviction for a crime where the victim was a minor under age 16 shall not serve as a volunteer in any capacity in which he/she would be working directly and in an unaccompanied setting with minors on more than an incidental and occasional basis or have supervision or disciplinary power over minors. (Education Code 35021, 45349; Penal Code 290.95)
The Superintendent or designee may require all volunteers to disclose their status as a registered sex offender and/or provide the district with sufficient information in order to allow verification of this status on the Department of Justice's Megan's Law web site.
No volunteer shall be assigned to supervise or instruct students unless he/she has submitted evidence of an examination within the past 60 days to determine that he/she is free of active tuberculosis. Volunteers who test negative shall thereafter be required to take a tuberculosis test every four years in accordance with Education Code 49406.
The Superintendent or designee may exempt from tuberculosis testing requirements those volunteers who serve less than a school year and whose functions do not require frequent or prolonged contact with students. (Education Code 49406)
Volunteer Facilities Projects
All volunteer facilities projects shall have approximate start and completion dates and shall be approved in advance by the Superintendent or designee and the principal.
The Superintendent or designee shall ensure that volunteers possess the appropriate license and/or have sufficient expertise appropriate to the project. He/she shall also ensure that such projects comply with building and safety codes and other applicable laws and collective bargaining agreements. The district shall provide on-site assistance and supervision for such projects as necessary. Projects shall be inspected upon completion to ensure that the work was done satisfactorily.
Regulation SANTA CLARA UNIFIED SCHOOL DISTRICT
approved: October 10, 1996 Santa Clara, California
revised: May 27, 2010
revised: July 8, 2010
reviewed: September 12, 2013