Are students required to be fingerprinted in Calfiornia if they volunteer at their own school?

With the passage of the ASCC certificate, many people now believe that students must be fingerprinted if they volunteer to tutor other students at their own school or at a school within their district.   Originally, the ASCC requirements looked at fingerprinting the Directors of pupil activities and later was broadened to any person involved with pupil activities.   Tutoring programs are key programs in school districts across California and the United States.  They help build community within the school, teach leadership and offer many other benefits. Requiring students in the same school district to be fingerprinted may actually thwart many a program.

Students are still offered an exemption thru Education Code Section 45125(a)(1).


45125.  (a) (1) Except as provided in Section 45125.01, the
governing board of any school district shall require each person to
be employed in a position not requiring certification qualifications,
except a secondary school pupil employed in a temporary or part-time
position by the governing board of the school district having
jurisdiction over the school attended by the pupil, to have two
fingerprint cards bearing the legible rolled and flat impressions of
the person's fingerprints together with a personal description of the
applicant prepared by a local public law enforcement agency having
jurisdiction in the area of the school district, which agency shall
transmit the cards, together with the fee required by subdivision
(f), to the Department of Justice; except that any district, or
districts with a common board, may process the fingerprint cards if
the district so elects.

This is the ASCC certificate requirement language also found in California Ed Code.

49024. (a) Prior to assuming a paid or volunteer position to work
with pupils in a pupil activity program sponsored by a school
district, all noncertificated candidates shall obtain an Activity
Supervisor Clearance Certificate from the Commission on Teacher
Credentialing pursuant to subdivision (f) of Section 44258.7.
(b) A pupil activity program sponsored by a school district
includes, but is not limited to, scholastic programs, interscholastic
programs, and extracurricular activities sponsored by a school
district or school booster club, including, but not limited to, cheer
team, drill team, dance team, and marching band.
(c) Volunteer supervisors for breakfast, lunch, or other
nutritional periods pursuant to Sections 44814 and 44815, and
nonteaching volunteer aides, as defined in Section 35021, under the
immediate supervision and direction of certificated personnel of the
district, shall not be required to obtain an Activity Supervisor
Clearance Certificate. For purposes of this section, a nonteaching
volunteer aide includes a parent volunteering in a classroom or on a
field trip or a community member providing noninstructional services.
(d) Candidates may be issued a temporary certificate in accordance
with Sections 44332 and 44332.5 while the application is being
(e) This 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 in subdivision (a).
(f) This section shall become operative on July 1, 2010.

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