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.Action ItemsACSOLCalifornia

Senate Schools Bill (SB 26) Amended – HEARING April 25

HEARING DATE: April 25 – Senate Public Safety Committee at 8:30 a.m. in Room 3191 (as of 4/8)

Sen. Connie Leyva has amended again Senate Bill 26 (SB 26) which would affect whether and when registrants could visit school campuses. As amended, the bill would require registrant parents to be supervised by a school official when they visit a school campus. In addition, the bill would limit visits by registrants who are not parents to times when students are not present.

“The bill, as amended, would harm children by effectively denying them the support of their parents during school activities and events,” stated ACSOL executive director Janice Bellucci. “The bill would also prohibit registrants who are minors from attending school.”

The amended bill has been referred to the Senate Public Safety Committee which has only two bill hearing dates remaining this session for bills that originate in the Senate. As a result, the bill will be heard by that committee on either April 18 or April 25.

“It is time to send letters and make phone calls to the members of the Senate Public Safety Committee,” stated ACSOL president Chance Oberstein. “In addition, please join us to speak at the committee hearing on either April 18 or April 25.”

SB 26

SENATE PUBLIC SAFETY COMMITTEE

Senator Nancy Skinner (Chair)
Committee on Public Safety
State Capitol, Room 2031
Sacramento, CA  95814
Phone:  (916) 651-4009
Fax:  (916) 327-1997

Senator Joel Anderson (Vice Chair)
State Capitol, Room 5052
Sacramento, CA 95814
Phone: 916.651.4038
Fax: 916.651.4938

Senator Steven Bradford
State Capitol, Room 4085
Sacramento, CA 95814
Phone: (916) 651-4035
Fax: (916) 651-4935

Senator Hannah-Beth Jackson
Capitol Office
State Capitol, Room 2032
Sacramento, CA 95814
Phone: (916) 651-4019

Senator Holly J. Mitchell
State Capitol, Room 5080
Sacramento, CA 95814
Phone: (916) 651-4030
Fax: (916) 651-4930

Senator Jeff Stone
State Capitol, Room 4062
Sacramento, CA 95814
Phone: (916) 651-4028
Fax: (916) 651-4928

Senator Scott D. Wiener
State Capitol, Room 4066
Sacramento, CA 95814
Phone: (916) 651-4011

BACKGROUND

  • Bill author Sen. Connie Leyva
  • Co-authors include Sens. Galgiani and Beall
  • Bill passed by Sen. Education Committee on March 29

REASONS TO OPPOSE SB 26

  • Bill needlessly harms children by denying them parental support at school events
    • Bill stigmatizes and harms students by requiring parents to be supervised by school officials during all campus visits, including graduation and athletic events
    • Denies parents the right to fully participate in the education of their children – rights recognized by California law (Cal. Educ. Code § 51101, 49091.10)
    • Harms schools due to requirement to provide supervisors for visits by registrant parents
  • Bill limits constitutionally protected and legitimate reasons to access school grounds, such as
    • Religious free exercise and expression, when houses of worship meet at schools
    • Transporting one’s child safely to and from school
    • Participation in organizations that rent meeting space at schools, such as 12-step
    • Visits by registrants who are not parents and perform services for the school, such as deliveries and trash pick-up
  • Bill is a meaningless and disruptive gesture that will not increase public safety
    • No reported case of a registrant harming a child on campus during school
    • Most sexual assaults committed by someone not listed on a registry
    • Children sexually assaulted by family members, teachers, coaches and clergy in more than 90 percent of such assaults; many registrants have never harmed a child
    • Registrants on parole re-offend at a rate of less than 1 percent according to CDCR
    • Irrationally assumes that registrants are a safety risk every time they access school grounds, when in fact they seek access for legitimate purposes such as parenting
  • Existing state law adequately protects children on school campuses
    • Registrants on parole or probation already observe school-related release conditions
    • California law already prevents Registrants from supervising children as volunteers, and criminalizes disruptive activity and entering school grounds without lawful business
  • Bill bans access by registrants who are not parents when children are present
    • Adult and technical schools
    • Sidewalks and other public rights-of-way adjacent to schools

Join the discussion

  1. USA

    I have 2 children in school. The Senator is clearly not that bright. Escorts? This bill will never pass! We have numerous issues in Ca and its disturbing to see this. Very sad.

    • Timmr

      You made me think. This bill takes away local autonomy by forcing school districts to pay for chaperones when registrants attend school events or simply to have a parent/teacher conference. They may have to choose between paying an “adult sitter” or having new books. It doesn’t give them the choice, does it, therefore it is an unfunded mandate.

      • KM

        Exactly! When you combine the language of SB26 and the rights guaranteed to all parents under California law, the schools will not have a choice and will be required to provide chaperones. Failure to provide them, for ANY reason will inevitably result in lawsuits.

      • Lake County

        I doubt there was any intention for the school to hire someone to act as monitors. I assume the author believes that the school will have a volunteer official or teacher acting as monitor. It will just be another one of the unpaid tasks teachers are expected to do.

        • State should pay for it

          It could saddle the school district with the cost to provide the chaperone(s) and add to the school levy needed to be passed when schools need more things to educate the local community’s children. The bill should have language added to it “the cost of doing this will come out of the state’s education budget” to augment the school district’s funding for this specific item and costs will be tracked. That will get the state to think about this in lean budget times.

          The first time the school district cannot provide a chaperone because there is no more funding for one, I can see the school district being sued for being in violation of the state constitution in allowing a parent to be a part of the child(ren)’s education. Then it becomes a point where the school district then has to abide by the constitution and violate the law. A brewhaha brewing if one thinks about it.

          I doubt the Sen thought about this.

        • Timmr

          I don’t know who they mean as a school official or how closely one has to be supervised. The senator didn’t think this through. I don’t think “official” means a teacher or janitorial staff but someone who can speak in an official capacity for the school or one of those law enforcement personel now emoloyed in many schools. Does this mean this official would have to sit next to a parent during an entire graduation ceremony, play or sports event? What about more than one registrant? Two or more chaparones or group the registrants together. Hey, look there, there is the freak show of registrants, bet the student of the registrants would be devestated by that. The logistics could also be expensive, especially for poorer districts. Many have real threats like guns and gangs to worry about. Are they going to staff babysitting a person whose offense was having teen sex 20 years ago or make sure the kids aren’t knifing each other?

    • Gwen

      How embarrassing for the children who will have an escorted parent(s) with the whole school knowing why. Shame on you Senator Connie Levya.

    • Eddie

      I have had a big part in my daughters school activities with her plays and function, now she is a mother, herself and, I also have two boys in school, who I pick up, I am able to partisapate in their Scholl science project s on Scholl campus this bill if past would hurt my boys snice they rely on me to be a part of there life at home and in School, I’ve been a registered sex offender for 35 yrs. What we should be fighting for is much longer sentences ..

  2. James

    Just a note:

    As difficult as it is for us to watch these battles over Bills being fought out, or dropped as with the Tiered Registry Bill, it must be Infinitely more difficult for Janice who has to continue fighting such stupidity for us day after day.

    I want to say thank you again to Janice, (and Chance)….we know your job is hard, but we appreciate all you do…and we stand behind you, being ever so grateful.

    Thanks again….for everything!

    Thanks.

    Best Wishes, James

    • Janice Bellucci

      You are very welcome, James.

    • nathan kliewer

      Agree as well.

    • JCrsn

      Agreed.
      Janice and Co. do so much for us and at great expense of time and effort. I was just talking to my family before about how much we appreciate the incredible support that we are so fortunate enough to get in the face of such terrifying horrors involved in this ridiculously flawed system.
      I feel badly for registrants in other states who don’t have CA RSOL in their home states to help fight these battles.
      Thank you Janice and Co.

  3. Shortsighted CA Senator thinking

    This also prevents grandparents and other family members from going to school activities where the child(ren) are involved. Society is trying to teach family values, so how does this help? It doesn’t.

    This is ridiculous of the Senator to be thinking of such shortsightedness when it is hard enough already for kids to parents involved when both are working, etc. She really needs to read the data presented here and probably already given to her. By looking outward, she is ignoring the people inward who could be problems, e.g. teachers, coaches, etc, much like our country did when 9/11 happened as we looked outward and not inward.

    • Nondescript

      “she is ignoring the people inward who could be problems, e.g. teachers, coaches”

      The Senator probably doesn’t want to focus on the real threat and the pervasiveness of improprieties by school staff. Her husband Al was a Catholic high school athletic coach. (Local article states he was fired and went on to coach at college level)

  4. USA

    I plead to a summary probation battery/expunged 20 something years ago. Massage parlor related. I’ve never had legal issues prior or after. I have children in band, sports and both are outstanding students. I’m heavily involved in my children’s academics. I feel sorry for the legislator. She clearly isn’t educated. This is a very dumb proposal! I think this is a good reason why the tiered system needs to be passed! Wake up California

  5. commenter1

    This proposed law is very similar to current Illinois law which reads as follows:

    720 ILCS 5/11-9.3
    (a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, UNLESS the offender is a parent or guardian of a student attending the school AND the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion AND notifies the principal of the school of his or her presence at the school OR UNLESS the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender’s visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal’s office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.

    Some school superintendents do not permit parents on the registry to visit a school for any reason other than parent/teacher conferences even though the statute grants them the discretion to allow visits for other reasons such as watching a child perform in a concert or in an athletic event at the school.

    Below is the text of the agreement that my daughter’s principal had me sign recently. He came up with this standard agreement for all of the schools in the district since other registered parents were requesting to attend events at other schools in the district.

    Letter of Understanding

    Pursuant to District Board of Education Policy 8:30 with the approval of the superintendent the following conditions must be satisfied by _________________ before he may request permission to attend various school events held at _____________________ School in which his student is directly involved.

    1) A written request must be sent to the ____________ School principal two (2) weeks in advance of any intended visit to __________ School premises for the express purpose of watching his student participate in extracurricular activities or to attend meetings regarding his student’s education. In the event that ___________ should need to be on school property to attend to an academic situation (illness, conference, etc.) for his student and is unable to provide the two weeks of notice for the request, the principal, vice-principal, or deans of students may be contacted via telephone and may grant the necessary permission. The drop off or pick up of his student from school property is only permissible with prior approval.
    2) The ________________ School principal will respond to all requests via e-mail. If approved, the principal will identify the name of the school authority who will be supervising his attendance. Please note that a copy of all e-mail correspondences will also be sent to the _________________ School Administrative team, the Superintendent, and the Assistant Superintendent of Human Resources, and the designated supervisor for that event.
    3) Any request to attend any __________________ School school-related events in which his student is participating that is hosted by another school must be directed to that host school for permission. If permission is granted by the appropriate school authority, _____________________ School will not be responsible to provide the necessary supervising personnel at that site. If his student is participating in a school sponsored event off campus, but not at another school (park, library, etc.), ________________ must request permission from the ________________ School principal as delineated in 1) above.
    4) If an administrator is normally not present during an event and one can be arranged by the principal, the parent will incur any expense associated with the hiring of required supervision. The supervision rate will be commensurate with the summer school teacher hourly rate of pay ($37.36 per hour). A minimum of two hours compensation will be billed regardless of the duration of the event. A corresponding bill will be sent via e-mail subsequent to each occurrence. Payment must be remitted to the principal’s secretary within 2 weeks of receipt of said bill. If supervision cannot be arranged by the principal, the request will be denied.
    5) If a request to attend is approved by the principal, ________________’s arrival time on school premises is not to exceed more than 30 minutes prior to the scheduled start of the event. Similarly, ___________ must depart the premises immediately following the conclusion of said event. Furthermore, upon arrival at any approved event, ______________ will immediately make contact with the designated school supervisor inside the Main Office of the building. If the Main Office is closed, the meeting will take place in the foyer immediately outside of the Main Office unless another arrangement is made. Additionally, ______________ will remain in the line of sight of the designated school supervisor at all times during the duration of his attendance.
    6) In the event that an activity has multiple performances (ex. musicals, concerts, plays, etc.) permission may be granted for not more than one (1) such performance.
    7) Requests to attend any events in which his student is not directly participating will not be approved.
    8) The District superintendent or principal of ____________________ School reserves the right to rescind approval for attendance at anytime. Similarly, the provisions of this letter of understanding may be modified by the superintendent or principal at anytime.

    I have read, understand and agree to abide by the aforementioned conditions.

    __________________________________ _________________________ _______________________
    Signature of Parent Date E-mail address Cell Phone #

  6. a mom

    Senator Nancy Skinner’s room at the capitol is 2059, in case anyone is writing!

    • Janice Bellucci

      Please send letters addressed to Sen. Skinner to the Senate Public Safety Committee in Room 2031 and not her personal office so that the total number of letters will be included in the committee analysis. Thank you.

  7. curiouser

    Just saw where they pushed this back to the final hearing date (4/25/17).

    • Janice Bellucci

      We need as many people as possible to speak at the April 25 hearing on this bill! Please bring your spouse and children, too. During the hearing, you need to speak for only 60 seconds and the only information you need to provide is name, city of residence and that you oppose the bill. The hearing will start at 9:30 a.m. and we will gather at the Starbucks across the street from the Capitol at 9 a.m., then walk together to the hearing. Or you can meet us there. Either way, it’s time to Show Up – Stand Up – Speak Up in order to stop this terrible bill.

      • JCrsn

        Janice,
        Will there also be a gathering for the April 18th AB 558 hearing in Sacramento as well?

      • Janice Bellucci

        Please note that the time of this hearing has changed to 8:30 a.m. Therefore, we will meet at the same Starbucks at 8 a.m. Or you could meet us at the hearing room at 8:15 a.m.

  8. Aero1

    Lol its funny realy ..so every school is going to have a cop running names of everybody that attends a assembly or play or graduation its never gonna happen the only way this bill would affect you is if your on school campus being weird or causing awkward attention to yourself

  9. PR

    I am just getting ready now to write my letter in opposition to this bill. My phone calls will come after that. I watched and listened to the presentation of this bill to the education committee. What bothered me the most and still does is that #1 Connie Levy made the statement that this bill only will only have an impact on the worse of the worse the “violent predators”. This is total misrepresentation on her part. And #2 her statement regarding reasons to be on a school campus, if you are working for example as a janitor! Her attitude is nothing more than deplorable. And for an individual that has been elected to a public office, as she was, she frankly has no excuse for herself. It is once again time for all to become involved to stand united, speak out and to fight this bill.

  10. Harry

    With all the hysteria of 290 parents on campus, yet door is open for the real dangers on the school grounds. http://www.foxnews.com/us/2017/04/10/san-bernardino-elementary-school-shooting-2-adults-dead-2-students-critically-injured-in-suspected-murder-suicide.html

    • pgm111

      I had this exact same thought when I heard news of the murders/suicide today.

    • Harry

      FYI, North Park Elementary School in San Bernardino is in Misfit Leyva, District.

    • PR

      Harry I thought exactly the same thing when I heard the news announcement of this tragedy. Connie Levy needs a reality check…………..

  11. USA

    Well stated Harry!

  12. David

    Yeah Harry, let’s get this sh!t straight: some crazy@ss MF with a history of both domestic violence and weapons charges is allowed to walk right into an elementary school and go straight to his wife’s classroom, armed with a large caliber handgun.
    And we’re the oh-so-scary badguys???!!! WTF?!!!
    Oh yes, I’m irate!

  13. Timmr

    I think it is significant that this bill states it is creating a new crime, criminalizing what was legal behavior before. What other former offenders than registrants have special crimes made exclusively for them? We have a bifurcated legal system, one especially for us, (oh how thoughtful of them!) and one for everyone else.

  14. Nondescript

    I just read the amended, amended bill. What a hot mess. This Senator seems like a novice to me. She rambled on about violent felony predators at the other committee but included 243.4 (which is a misdemeanor intentional touching of an adult against their will) as being one of the offenses which are banned under all circumstance from ever stepping foot onto school grounds( except to vote, I guess)

    And then her bills analysis goes on to define a school official/ supervision Here it is for those who haven’t read it-

    “What does supervise mean and who is a school official? This bill does not provide guidance or parameters as to what constitutes “supervision,” such as being within visual range, nor does the bill define school official. It is possible that a school official could be limited to the schoolsite principal or other administrator, or be as broad as any person employed by that school.”

    So basically the school janitor, librarian or cafeteria worker can sign you in and you are good to go. What a waste of legislative time . She should be censured.

    • Janice Bellucci

      Yes, this bill is a mess! We need to clean up the mess by stopping this bill. There is still time to send letters of opposition to the Senate Public Safety Committee by E-mail to staffer Zandra Chavez at Zandra.Chavez@sen.ca.gov. Letters sent to the committee are counted and the number of letters (not the names of the letters’ authors) are included in the committee report. Please send letters TODAY if possible.

      • steve

        Sent

        • Janice Bellucci

          Thank you, Steve, for sending your letter! We hope that many others will join him!!

          • Concerned Mom

            I’m about to send the letter and email. I’d never done this before. Do I need to include my full name and address? I’m concerned with privacy issues for my kids.

            • steve

              Don’t worry about it. I have three kids and have always put my name on these letters. Kids were never affected.

      • Harry

        Done

      • David

        Thanks for that email address, Janice! I sent a strongly worded (but polite) message and will follow-up with phone calls tomorrow.

  15. NPS

    All this talk about “violent felons” yet the bill targets only people convicted of a sex offense; all this to keep the children safe. Tell that the parent of a 9-year old child who was shot and killed in San Bernardino yesterday. The gunman was able to just walk on campus; no background check required as his offenses were for weapons, drug offenses, domestic violence. So they all get a pass for school entrance? No reports of an RC victimizing a student on campus, but there’s plenty of reports of school shootings. Leyva needs to rethink her bill and think about who the truly dangerous suspects are.

    • ReadyToFight

      I agree. That could have been any one of our children shot and killed.
      But they’ll keep pushing that Sex Offender fear as long as they can get away with it without fear of push back.
      False sense of security. Meanwhile, anyone else can stroll through undetected and commit murder. I’m embarrassed for our Law makers and I’m sad for all the kids left unprotected by a system that focuses on revenge and nothing else.

    • New Person

      Here’s what the SCOTUS made standard:

      1) 80% re-offense rate.
      2) All sex offenders can be classified as a group; not individually

      A couple of years ago, a local paper had an ad looking for firefighters. All can apply except sex offender and some violent felons. Yet even then, violent felons had exceptions for the public job.

      So in the eyes of Leyva, perpetuating the 80% monstrosity that are the group of sex offenders is easier to identify than applying it to all violent felons. Why? B/c the myth is easier to understand than truth b/c the myth came first.

      My query is… what can the Public Safety Committee prove that registration is a valid scheme in light of CASOMB’s report, Dr. Ira and Tara Ellman’s findings, and the Snyder case revealing there is no need for public safety if there is nothing to re-visit to corroborate the necessity of the registry.

      That’s the problem here – lack of judicial and regulatory review. There should be. Otherwise, ignorance is easier to perpetuate than admitting a wrong doing.

  16. Nondescript

    Perhaps we are focusing too much on parental rights…

    Article 12 of the Convention on the Rights of the Child states that children have the right to participate in decision-making processes that may be relevant in their lives and to influence decisions taken in their regard—within the family, the school or the community.
    As one of “the persons concerned,” the child should be heard in any judicial or administrative proceeding”

    It would be great if registrants would bring their school aged children to the committee hearing. Flood the room with our children and let that speak for itself. That would make a huge impact.

    • Timmr

      Great idea. They have problems seeing us as anything but offenders. They might notice that children would be adversely affected by this bill.

  17. Janice Bellucci

    Yes, please bring your children and grandchildren to the April 25 hearing! They need to be seen and heard by the author of the bill as well as by members of the Public Safety Committee.

  18. PR

    I mailed my letters yesterday. I am going to find a few more people to send letters. And tomorrow I am making phone calls.

  19. Curiouser

    I just saw where Leyva amended her “bill” on April 18. In this new version, she specifically EXCLUDES registered pupils from any restriction. Small “Equal Protection” issue, maybe?

  20. Lake County

    You can watch live streaming video of both SB 26 and SB 421 from this Senate Page:
    http://senate.ca.gov/calendar
    Click on live streaming.
    Starts at 8:30am

    • Lake County

      SB 26 Passed the committee, but with requests for more changes. Many people showed up and spoke against this bill. It sounded like this bill may not have passed without the expectation that changes would be made lowering the number of crimes that would cause people to be completely banned.

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