An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

A. B ACKGROUND C HECKS A private school may require volunteers who will have supervisory or disciplinary power over a minor to submit their fingerprints for a Department of Justice (DOJ) background check prior to permitting them to volunteer at the school. 2190 If the school is a non-profit organization, the DOJ should not charge for the background check. 2191 Schools need not require the background check in all situations, but should seriously consider it where the volunteers may have the opportunity to be alone with children. Conducting a background check of volunteers who supervise children is a best practice because it will help screen volunteers and protect the school from a potential negligence claim. LCW Practice Advisor

Schools are often reluctant to require parents who volunteer to undergo background checks. However, particularly where off-campus activities are involved, background checks are highly recommended. Where a school develops a policy requiring background checks and consistently enforces that policy, parents may be more willing to accept it.

B. M ANDATED R EPORTING Schools are not required to inform volunteers of the mandated reporting laws nor are they required to provide mandated reporting training to volunteers. However, the California Legislature has noted that private schools are “encouraged to provide their volunteers whose duties require direct contact with and supervision of children with” mandated reporting training. 2192 We believe that providing mandated reporting information to volunteers is a best practice. It also may be appropriate to provide training in the case of long-term volunteers. C. T UBERCULOSIS R ISK A SSESSMENT AND T ESTING Private schools must obtain and keep on file a certificate showing that, upon initial volunteer assignment, the person submitted to a tuberculosis risk assessment, and, if tuberculosis risk factors were identified, the person was examined and found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. 2193 More frequent assessments may be required at the school’s discretion. 2194 In limited cases, where a school can demonstrate that a volunteer will have neither frequent nor prolonged contact with students, the certificate is not required. 2195 The terms “frequent” and “prolonged” are not defined by statute, though the regulations suggest that for the statute to apply the volunteer must be regularly scheduled on a continuing basis of at least once a month. 2196 Nonetheless, unless the volunteer’s exposure to students and employees will be very limited, we suggest requiring all volunteers to obtain the certificate as a best practice.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 537