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)
Volunteers may supervise students during lunch, breakfast, or other nutritional periods or may serve as nonteaching aides under the immediate supervision and direction of certificated personnel to perform noninstructional work which assists certificated personnel in the performance of teaching and administrative responsibilities. (Education Code 35021, 44814, 44815)
Volunteers may work on short-term facilities projects pursuant to Board policy and the section below entitled “Volunteer Facilities Projects.”
Volunteers providing supervision or instruction of students pursuant to Education Code 45349 shall give evidence of basic skills proficiency. (Education Code 45344.5, 45349)
Any volunteer working with students in a district-sponsored student activity program shall obtain an Activity Supervisor Clearance Certificate or criminal background check in accordance with Board policy. The Superintendent or designee shall determine which volunteer positions in the district are subject to this requirement.
“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 nonteaching aides under the immediate supervision and direction of certificated personnel pursuant to Education Code 35021, including parents/guardians volunteering in a classroom or on a field trip or community members providing noninstructional services. (Education Code 49024)
Individuals who have admitted to, or are under official investigation for, a controlled substance offense shall be restricted from volunteer service for one (1) year from the date of last usage. Individuals who have been convicted of a controlled substance offense must present evidence that they have been rehabilitated for at least five (5) years before the Board shall authorize them for volunteer service (except in the case of lecturers discussing the dangers of controlled substance abuse).
The above restrictions shall not apply to a custodial parent working only with his/her own child.
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 nonteaching aide to perform noninstructional 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)
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. (Education Code 45106, 45347, 45349, 49406)
Persons authorized by the Board to perform volunteer services for the District shall be deemed to be District employees for Workers’ Compensation Insurance purposes. Workers’ Compensation Insurance is provided by law for any injury sustained by the volunteer while engaged in the services of the District under the direction and control of the Governing Board. If injured while serving as a volunteer for the District, the volunteer will file Workers’ Compensation Insurance forms provided by the District Office. (Labor Code 3364.5)
The Board grants the Superintendent the authority to approve volunteers to begin service as soon as they have completed the necessary screening procedures, pending Board ratification at the next Board meeting.
E 1240 – Volunteer Application Form Exhibit