AB 1058: Pupil safety: child abuse prevention: training.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-10
Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to take certain actions relating to the detection and reporting of child abuse, including, among other things, developing and disseminating information to local educational agencies, as specified, and state special schools and diagnostic centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and to post on its Internet Web site links to existing training resources. The bill would encourage local educational agencies, as specified, and state special schools and diagnostic centers to participate in training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and also encourage them to provide school employees with that training at least once every 3 years.
Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to take certain actions relating to the detection and reporting of child abuse, including, among other things, developing and disseminating information to local educational agencies, as specified, and state special schools and diagnostic centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and to post on its Internet Web site links to existing training resources. The bill would encourage local educational agencies, as specified, and state special schools and diagnostic centers to participate in training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and also encourage them to provide school employees with that training at least once every 3 years.
Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to take certain actions relating to the detection and reporting of child abuse, including, among other things, developing and disseminating information to local educational agencies, as specified, and state special schools and diagnostic centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to establish guidelines and best practices regarding child abuse prevention, best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and to post on its Internet Web site links to existing training resources. The bill would encourage local educational agencies, as specified, and state special schools and diagnostic centers to participate in child abuse prevention training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and also encourage them to provide school employees with that training in child abuse prevention at least once every 3 years.
Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to take certain actions relating to the detection and reporting of child abuse, including, among other things, developing and disseminating information to local educational agencies, as specified, and state special schools and diagnostic centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to establish guidelines and best practices regarding child abuse prevention, and to post on its Internet Web site links to existing training resources. The bill would also encourage local educational agencies, as specified, and state special schools and diagnostic centers to participate in child abuse prevention training and to require also encourage them to provide school employees to receive with training in child abuse prevention at least once every 3 years.
Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to take certain actions relating to the detection and reporting of child abuse, including, among other things, developing and disseminating information to local educational agencies, as specified, and state special schools and diagnostic centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to establish guidelines and best practices regarding child abuse prevention, and to post on its Internet Web site links to existing training resources. The bill would also encourage local educational agencies, as specified, and state special schools and diagnostic centers to participate in child abuse prevention training and to require school employees to receive training in child abuse prevention at least once every 3 years.
(a)The Legislature finds and declares both of the following:
(1)In 2014, there were over six million pupils in California, and existing research suggests that 600,000 of these pupils will experience some level of abuse, including sexual misconduct, by school personnel.
(2)The problem can be addressed only if school personnel are made aware of the problem and receive appropriate training on how they can better protect children.
(b)The intent of the Legislature in enacting this act is to address training and awareness of school personnel on best practices to prevent circumstances that allow the abuse of a child on school grounds, by school personnel, or in school-sponsored programs.
SEC. 2.Section 44691 of the Education Code is amended to read:44691.(a)The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:
(1)Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
(2)Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:
(A)Information on the identification of child abuse and neglect.
(B)Reporting requirements for child abuse and neglect.
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and post on the departments Internet Web site links to existing training resources.
(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:
(1)Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (c), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
(c)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and are also encouraged to provide all school employees with that training at least once every three years.
(a)The Legislature finds and declares both of the following:
(1)In 2014, there were over six million pupils in California, and existing research suggests that 600,000 of these pupils will experience some level of abuse, including sexual misconduct, by school personnel.
(2)The problem can be addressed only if school personnel are made aware of the problem and receive appropriate training on how they can better protect children.
(b)The intent of the Legislature in enacting this act is to address training and awareness of school personnel on best practices to prevent circumstances that allow the abuse of a child on school grounds, by school personnel, or in school-sponsored programs.
SEC. 2.Section 44691 of the Education Code is amended to read:44691.(a)The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:
(1)Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
(2)Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:
(A)Information on the identification of child abuse and neglect.
(B)Reporting requirements for child abuse and neglect.
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and post on the departments Internet Web site links to existing training resources.
(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:
(1)Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (c), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
(c)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and are also encouraged to provide all school employees with that training at least once every three years.
(a)The Legislature finds and declares both of the following:
(1)In 2014, there were over six million pupils in California, and existing research suggests that 600,000 of these pupils will experience some level of abuse, including sexual misconduct, by school personnel.
(2)The problem can be addressed only if school personnel are made aware of the problem and receive appropriate training on how they can better protect children.
(b)The intent of the Legislature in enacting this act is to address training and awareness of school personnel on best practices to prevent circumstances that allow the abuse of a child on school grounds, by school personnel, or in school-sponsored programs.
SECTION 1.SEC. 2.Section 44691 of the Education Code is amended to read:44691.(a)The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:
(1)Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
(2)Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:
(A)Information on the identification of child abuse and neglect.
(B)Reporting requirements for child abuse and neglect.
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish guidelines and best practices for child abuse prevention, best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and post on the departments Internet Web site links to existing training resources.
(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:
(1)Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (c), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
(c)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in child abuse prevention training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and are also encouraged to provide all school employees with that training in child abuse prevention at least once every three years.
(a)The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:
(1)Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
(2)Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:
(A)Information on the identification of child abuse and neglect.
(B)Reporting requirements for child abuse and neglect.
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish guidelines and best practices for child abuse prevention, and post on the departments Internet Web site links to existing training resources.
(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:
(1)Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (c), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
(c)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in child abuse prevention training and to require that are also encouraged to provide all school employees receive with training in child abuse prevention at least once every three years.
(a)The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:
(1)Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
(2)Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:
(A)Information on the identification of child abuse and neglect.
(B)Reporting requirements for child abuse and neglect.
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish guidelines and best practices for child abuse prevention, and post on the departments Internet Web site links to existing training resources.
(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:
(1)Except as provided in subdivision (c), provide Provide annual training, using the online training module provided by the State Department of Social Services, Services or as provided in subdivision (c), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
(c)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in child abuse prevention training and to require that all school employees receive training in child abuse prevention at least once every three years.
|
Date
|
Status
|
|---|---|
| Aug 27, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (August 27). |
| Oct 10, 2015 | Chaptered by Secretary of State - Chapter 748, Statutes of 2015. |
| Oct 10, 2015 | Approved by the Governor. |
| Sep 25, 2015 | Enrolled and presented to the Governor at 2 p.m. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3173.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 11, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 11, 2015 | Assembly Rule 63 suspended. (Page 3169.) |
| Sep 11, 2015 | Assembly Rule 63 suspended. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2638.). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Feb 26, 2015 | Read first time. To print. |
| Jun 22, 2015 | In committee: Referred to suspense file. |
| Jun 10, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (June 10). Re-referred to Com. on APPR. |
| May 21, 2015 | Referred to Com. on ED. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1337.) |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to third reading. |
| Apr 29, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (April 29). |
| Apr 21, 2015 | Re-referred to Com. on APPR. |
| Apr 20, 2015 | Read second time and amended. |
| Apr 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 8). |
| Mar 19, 2015 | Referred to Com. on ED. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 1058 BAKER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB1058 Baker By Glazer | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 22, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 10, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 7, 2015 | AB 1058 BAKER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 7, 2015 | AB 1058 BAKER Assembly Third Reading Motion to Suspend the Rules By ALEJO | Assembly Floor |
Failed |
|
| Apr 29, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Catholic Conference | ** Support | Sep 9, 2015 |
| California State PTA | ** Support | Sep 9, 2015 |
| Child Abuse Prevention Council of Contra Costa County | ** Support | Sep 9, 2015 |
| Child Abuse Prevention Council of San Joaquin County | ** Support | Sep 9, 2015 |
| Compton Unified School District | * Indeterminate | Apr 8, 2015 |
| Department Of Finance | ** Against | Sep 9, 2015 |
| Partners in Prevention | ** Support | Sep 9, 2015 |
| The Child Abuse Prevention Center | ** Support | Sep 9, 2015 |
| u None received. | ** Against | Jun 22, 2015 |
AB 1058
Page 2
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB 1058
(Baker)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
77-0 |
(May 7, 2015) |
SENATE: |
39-0 |
(September 9, 2015) |
Original Committee Reference: ED.
SUMMARY: Encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and are encouraged to provide all employees receive training in child abuse prevention at least every three years. Specifically, this bill:
Requires the California Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and post on the department’s Internet Web site links to existing training resources.
Encourages school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and are encouraged to provide all school employees receive training in child abuse prevention at least once every three years.
The Senate amendments:
Specify that the CDE's best practices and the child abuse prevention training include sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.
Add Legislative findings and declarations and specify the intent of the Legislature in enacting this act is to address training and awareness of school personnel on best practices to prevent circumstances that allow the abuse of a child on school grounds, by school personnel, or in school-sponsored programs.
EXISTING LAW requires school districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education, and charter schools to do both of the following:
Provide annual training, using the online training module provided by the State Department of Social Services, to their employees and persons working on their behalf who are mandated reporters on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or by both that imprisonment and fine.
Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that person's employment. The process developed may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
School districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education, and charter schools that do not use the online training module provided by the California Department of Social Services shall report to the California Department of Education the training being used in its place. (Education Code 44691)
FISCAL EFFECT: According to the Senate Appropriations Committee, the CDE indicates that 0.5 position and about $59,000 General Fund is needed to establish guidelines and best practices for child abuse prevention with the Department of Social Services and for the CDE to post links to existing training resources on its website. The CDE cites minor ongoing costs to maintain the website and provide technical assistance to local educational agencies.
COMMENTS: This bill encourages schools to provide child abuse prevention training, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs to all employees at least once every three years and requires the CDE to post guidelines and best practices for child abuse prevention on their Web site.
According to the author, AB 1432 (Gatto), Chapter 797, Statutes of 2014, made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper.
Does this training exist? While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
School Authorization: This bill encourages schools to provide child abuse prevention training every three years. Because the education code is permissive, schools can already incorporate this type of training into existing mandated reporter training if they wish to do so.
Previous Legislation: AB 1432 (Gatto), Chapter 797, Statutes of 2014, required local education agencies to annually train employees on their duties regarding the mandated reporting of child abuse and neglect, as specified.
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0002353
AB 1058
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1058
Amended: 9/4/15 in Senate
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 77-0, 5/7/15 - See last page for vote
SUBJECT: Pupil safety: child abuse prevention: training
DIGEST: This bill requires the California Department of Education (CDE) to establish best practices for child abuse prevention and post on its Web site links to existing training resources. Additionally, this bill encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and also encourages them to provide all school employees with training in child abuse prevention at least every three years.
Senate Floor Amendments of 9/4/15 make clarifying changes regarding best practices for child abuse prevention by specifying that they include sexual abuse of children on school grounds, by school personnel, or in school-sponsored programs and also add various legislative findings and declarations.
Existing law:
Establishes the Child Abuse and Neglect Reporting Act which requires all school district teachers and employees to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department. Mandated reporters are required to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow up within 36 hours.
Specifies that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed, including training in child abuse and neglect identification and training in child abuse and neglect reporting. School districts that do not train their employees in the duties of mandated reporters are required to report to CDE the reasons why this training is not provided.
Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, to sign a statement on a form (provided by the employer) to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions. Further, existing law provides that the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and confidentiality rights. (Penal Code § 11164 et seq.)
Requires school districts and COEs to create comprehensive school safety plans for their schools and requires the school safety plans to include child abuse reporting procedures, as specified. (Education Code § 32282)
Requires the Office of Child Abuse Prevention to develop and disseminate information to all school districts and district school personnel regarding the detection of child abuse. The information may be disseminated by the use of literature, as deemed suitable by the CDE. Staff development seminars and any other appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, shall be developed by the CDE. (Education Code § 44691)
This bill:
Requires the CDE, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on its Internet Web site links to existing training resources.
Encourages school districts, COEs, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training and also encourages them to provide all school employees with training in child abuse prevention at least once every three years.
Makes various finding and declarations of the Legislature.
Comments
Need for the bill. According to the author’s office, California has taken important measures to ensure that school administrators, staff, and teachers receive appropriate training on child abuse detection and reporting, yet there are no requirements for training on how to prevent the circumstances on campus that might allow the abuse to happen. AB 1432 (Gatto, Chapter 797, Statutes of 2014) made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper. The author further states that this bill will help to protect children from predators on campus, and it will help protect teachers and staff from false claims of abuse.
Existing training. While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, the CDE indicates that 0.5 positions and about $59,000 General Fund is needed to establish guidelines and best practices for child abuse prevention with the Department of Social Services and for the CDE to post links to existing training resources on its Web site. The CDE cites minor ongoing costs to maintain the Web site and provide technical assistance to local educational agencies.
California Catholic Conference
California State PTA
Child Abuse Prevention Center
Child Abuse Prevention Council of Contra Costa County
Child Abuse Prevention Council of San Joaquin County
Partners in Prevention
Department of Finance
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Lenin Del Castillo / ED. / (916) 651-4105
9/8/15 20:56:25
**** END ****
AB 1058
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1058
Amended: 4/20/15 in Assembly
SENATE EDUCATION COMMITTEE: 8-0, 6/10/15
AYES: Liu, Runner, Block, Leyva, Mendoza, Monning, Pan, Vidak
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 35-29, 5/7/15 (FAIL) - See last page for vote
ASSEMBLY FLOOR: 77-0, 5/7/15 - See last page for vote
SUBJECT: Pupil safety: child abuse prevention: training
DIGEST: This bill requires the California Department of Education (CDE) to establish guidelines and best practices for child abuse prevention and post on its Web site links to existing training resources. Additionally, this bill encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and provide all school employees with training in child abuse prevention at least every three years.
Existing law:
Establishes the Child Abuse and Neglect Reporting Act which requires all school district teachers and employees to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department. Mandated reporters are required to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow up within 36 hours.
Specifies that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed, including training in child abuse and neglect identification and training in child abuse and neglect reporting. School districts that do not train their employees in the duties of mandated reporters are required to report to CDE the reasons why this training is not provided.
Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, to sign a statement on a form (provided by the employer) to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions. Further, current law provides that the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and confidentiality rights. (Penal Code § 11164 et seq.)
Requires school districts and COEs to create comprehensive school safety plans for their schools and requires the school safety plans to include child abuse reporting procedures, as specified. (Education Code § 32282)
Requires the Office of Child Abuse Prevention to develop and disseminate information to all school districts and district school personnel regarding the detection of child abuse. The information may be disseminated by the use of literature, as deemed suitable by the CDE. Staff development seminars and any other appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, shall be developed by the CDE. (Education Code § 44691)
This bill:
Requires the CDE, in consultation with the Office of Child Abuse Prevention in the Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on its Internet Web site links to existing training resources.
Encourages school districts, COEs, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training and provide all school employees with training in child abuse prevention at least once every three years.
Comments
Need for the bill. According to the author’s office, California has taken important measures to ensure that school administrators, staff, and teachers receive appropriate training on child abuse detection and reporting, yet there are no requirements for training on how to prevent the circumstances on campus that might allow the abuse to happen. AB 1432 (Gatto, Chapter 797, Statutes of 2014) made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper. The author further states that this bill will help to protect children from predators on campus, and it will help protect teachers and staff from false claims of abuse.
Existing training. While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, the CDE indicates that 0.5 positions and about $59,000 General Fund is needed to establish guidelines and best practices for child abuse prevention with the Department of Social Services and for the CDE to post links to existing training resources on its Web site. The CDE cites minor ongoing costs to maintain the Web site and provide technical assistance to local educational agencies.
California Catholic Conference
California State PTA
Child Abuse Prevention Center
Child Abuse Prevention Council of Contra Costa County
Child Abuse Prevention Council of San Joaquin County
Partners in Prevention
OPPOSITION: (Verified 8/28/15)
Department of Finance
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Lenin Del Castillo / ED. / (916) 651-4105
8/30/15 19:27:41
**** END ****
AB 1058 (Baker) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1058 (Baker) - Pupil safety: child abuse prevention: training.
|
|
Version: April 20, 2015 |
Policy Vote: ED. 8 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: June 22, 2015 |
Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires the State Department of Education (SDE), in consultation with the State Department of Social Services (DSS), to establish guidelines and best practices for child abuse prevention, and post links to existing training resources on the SDE’s website. This bill also encourages public schools, as specified, to participate in child abuse prevention training and to provide all school employees with this training at least once every three years.
Fiscal Impact:
The SDE indicates that 0.5 position and about $59,000 General Fund is needed to establish guidelines and best practices for child abuse prevention with DSS and for the SDE to post links to existing training resources on its website. The SDE cites minor ongoing costs to maintain the website and provide technical assistance to local educational agencies.
Background:
Current law (established by Chapter 797, Statutes of 2014) requires the SDE, in consultation with the DSS, to do all of the following:
Develop and disseminate information to public schools, as specified, and their school personnel regarding the detection and reporting of child abuse.
Provide statewide guidance on the responsibilities of mandated reporters who are school personnel, in accordance with the Child Abuse and Neglect Reporting Act. The guidance must include information on the identification and reporting requirements of child abuse and neglect.
Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases, including the use of an online training module developed by DSS.
Schools are also required to provide annual training to their employees and persons working on their behalf who are mandated reporters on reporting requirements, using the online training module provided by DSS or other local training option. The training is required to include information that the failure to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to six months in a county jail, or by a fine of $1,000, or both.
Under the existing Child Abuse and Neglect Reporting Act, all school district teachers and employees are considered to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department. Mandated reporters are required to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow-up within 36 hours.
Current law requires school districts and county offices of education to create comprehensive school safety plans for their schools and requires the school safety plans to include child abuse reporting procedures, as specified.
Proposed Law:
This bill requires the SDE, in consultation with the Office of Child Abuse Prevention in the DSS, to establish guidelines and best practices for child abuse prevention, and post links to existing training resources on the SDE’s website.
This bill also encourages school districts, county offices of education, state special schools and diagnostic centers operated by the SDE, and charter schools to participate in child abuse prevention training and to provide all employees with training in child abuse prevention once every three years.
Related Legislation:
AB 1432
(Gatto), Chapter 797, Statutes of 2014, requires local education
agencies to annually train employees on their duties regarding the
mandated reporting of child abuse and neglect, as specified.
Staff Comments:
This bill, among other things, encourages schools to participate in child abuse prevention training and to provide all school employees with training in child abuse prevention at least once every three years. Currently, schools are required to provide annual training to their employees and persons working on their behalf who are mandated reporters. Staff notes that the SDE provides links on its website to information for local educational agencies on various topics relating to child abuse including contacts pertaining to child abuse prevention, information on supporting families, preventative programs, and public awareness.
According to the author’s office, this bill builds upon the work of AB 1432 (which focuses on training mandated reporters of their duties) by requiring that specified training of teachers or other school employees also include child abuse prevention.
-- END --
AB 1058 (Baker) Page 3 of 3
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1058
Author: |
Baker |
||
Version: |
April 20, 2015 Hearing Date June 10, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
||
Subject: Pupil safety: child abuse prevention: training
SUMMARY
This bill requires the California Department of Education (CDE) to establish guidelines and best practices for child abuse prevention and post on its website links to existing training resources. Additionally, this bill encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and provide all school employees with training in child abuse prevention at least every three years.
BACKGROUND
Under the existing Child Abuse and Neglect Reporting Act, all school district teachers and employees are considered to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department. Mandated reporters are required to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow up within 36 hours.
The Child Abuse and Neglect Reporting Act also specifies that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed, including training in child abuse and neglect identification and training in child abuse and neglect reporting. School districts that do not train their employees in the duties of mandated reporters are required to report to CDE the reasons why this training is not provided.
Additionally, current law requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, to sign a statement on a form (provided by the employer) to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions. Further, current law provides that the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and confidentiality rights. (Penal Code § 11164 et seq.)
Current law requires school districts and COEs to create comprehensive school safety plans for their schools and requires the school safety plans to include child abuse reporting procedures, as specified. (Education Code § 32282)
Current law also requires the State Office of Child Abuse Prevention to develop and disseminate information to all school districts and district school personnel regarding the detection of child abuse. The information may be disseminated by the use of literature, as deemed suitable by the California Department of Education (CDE). Staff development seminars and any other appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, shall be developed by the CDE. (Education Code § 44691)
ANALYSIS
This bill:
Requires the CDE, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on its Internet Web site links to existing training resources.
Encourages school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training and provide all school employees with training in child abuse prevention at least once every three years.
STAFF COMMENTS
Need for the bill. According to the author’s office, California has taken important measures to ensure that school administrators, staff, and teachers receive appropriate training on child abuse detection and reporting, yet there are no requirements for training on how to prevent the circumstances on campus that might allow the abuse to happen. AB 1432 (Gatto, Chapter 797, Statutes of 2014) made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper. The author further states that this bill will help to protect children from predators on campus, and it will help protect teachers and staff from false claims of abuse.
Existing training. While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
The bill encourages schools to provide child abuse prevention training; it would be discretionary and not required. However, schools may already incorporate this training into existing mandated reporter training activities.
Related and prior legislation.
AB 1432 (Gatto), Chapter 797, Statutes of 2014, required local education agencies (LEAs) to annually train employees on their duties regarding the mandated reporting of child abuse and neglect, as specified.
AB 135 (Buchanan) from 2014 would have required LEAs to adopt policies and provide employees with regular reminders of their responsibilities as mandated reporters. This measure failed passage in the Senate Appropriations Committee.
AB 1338 (Buchanan) from 2013 would have required the governing board of a school district and county office of education (COE) and the governing body of a charter school, to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters in accordance with the Child Abuse and Neglect and Reporting Act (CANRA) and review the mandated reporting requirements with all school personnel within the first six weeks of each school year. This measure failed passage in the Assembly Appropriations Committee.
SUPPORT
California Catholic Conference
Child Abuse Prevention Center
Child Abuse Prevention Council of Contra Costa County
Child Abuse Prevention Council of San Joaquin County
Partners in Prevention
OPPOSITION
None received.
-- END --
AB 1058
Page 2
ASSEMBLY THIRD READING
AB 1058
(Baker)
As Amended April 20, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Education |
7-0 |
O'Donnell, Chávez, Kim, McCarty, Santiago, Thurmond, Weber |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and are encouraged to provide all employees receive training in child abuse prevention at least every three years. Specifically, this bill:
Requires the California Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on the department's Internet Web site links to existing training resources.
Encourages school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training and are encouraged to provide all school employees receive training in child abuse prevention at least once every three years.
EXISTING LAW requires school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools to do both of the following:
Provide annual training, using the online training module provided by the State Department of Social Services, to their employees and persons working on their behalf who are mandated reporters on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or by both that imprisonment and fine.
Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that person's employment. The process developed may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
School districts, COEs, state special schools and diagnostic centers operated by the CDE, and charter schools that do not use the online training module provided by the California Department of Social Services shall report to the CDE the training being used in its place. (Education Code Section 44691)
FISCAL EFFECT: According to the Assembly Appropriations Committee, the CDE estimates administrative costs of approximately $58,000 General Fund to review existing training resources and post on the department's web site. CDE estimated the costs to implement the originating legislation, AB 1432 (Gatto), Chapter 797, Statutes of 2014, as minor/absorbable, but subsequently incurred increased workload due to the technical assistance needs of local education agencies (LEAs). Due to the need for continuing technical assistance for LEAS and the anticipated workload increase per the requirements of this bill, CDE anticipates the need for these additional resources.
COMMENTS: This bill encourages schools to provide child abuse prevention training to all employees at least once every three years and requires the CDE to post guidelines and best practices for child abuse prevention on their Web site.
According to the author, AB 1432 made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper.
Does this training exist? While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
School Authorization: This bill encourages schools to provide child abuse prevention training every three years. Because the education code is permissive, schools can already incorporate this type of training into existing mandated reporter training if they wish to do so.
Previous Legislation: AB 1432 required local education agencies to annually train employees on their duties regarding the mandated reporting of child abuse and neglect, as specified.
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087 FN: 0000244
AB 1058
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1058
(Baker) – As Amended April 20, 2015
Policy Committee: |
Education |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and to require that all employees receive training in child abuse prevention at least every three years. Specifically, this bill:
Requires the California Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on the department’s Internet Web site links to existing training resources.
Encourages school districts, county offices of education, charter schools and state special schools and diagnostic centers operated by the CDE, to participate in child abuse prevention training and encourages all school employees to receive training in child abuse prevention at least once every three years.
FISCAL EFFECT:
The California Department of Education estimates administrative costs of approximately $58,000 GF to review existing training resources and post on the department's web site.
CDE estimated the costs to implement the originating legislation (AB 1432 Gatto) as minor/absorbable, but subsequently incurred increased workload due to the technical assistance needs of local education agencies (LEAs). Due to the need for continuing technical assistance for LEAS and the anticipated workload increase per the requirements of this bill, CDE anticipates the need for these additional resources.
COMMENTS:
Purpose. AB 1432 (Gatto), Chapter 797, Statutes of 2014 required school districts to ensure teachers and other school employees complete annual training on "identification" and "reporting" requirements when child abuse is suspected. This bill builds upon AB 1432 by encouraging local education agencies (LEAs) to participate in child abuse "prevention training" and encourages all school employees to receive training in child abuse prevention at least once every three years.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 1058
Page 4
Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1058
(Baker) – As Introduced February 26, 2015
SUBJECT: Pupil safety: child abuse prevention: training
SUMMARY: Encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and to require that all employees receive training in child abuse prevention at least every three years. Specifically, this bill:
Requires the California Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to establish guidelines and best practices for child abuse prevention, and post on the department’s Internet Web site links to existing training resources.
Encourages school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools to participate in child abuse prevention training and to require that all school employees receive training in child abuse prevention at least once every three years.
EXISTING LAW:
Establishes Child Abuse and Neglect Reporting Act (CANRA) which specifies the following types of people are mandated reporters, among others:
A teacher.
An instructional aide.
A teacher’s aide or teacher’s assistant employed by a public or private school.
A classified employee of a public school.
An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
An employee of a county office of education or the CDE whose duties bring the employee into contact with children on a regular basis.
An employee of a school district police or security department.
A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school. (Penal Code 11164, et seq.)
Requires the California Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, to do all of the following:
Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the CDE, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse.
Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act. This guidance shall include, but not necessarily be limited to, both of the following:
Information on the identification of child abuse and neglect.
Reporting requirements for child abuse and neglect.
Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the California Department of Social Services. (Education Code 44691)
Requires school districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education, and charter schools to do both of the following:
Provide annual training, using the online training module provided by the State Department of Social Services, to their employees and persons working on their behalf who are mandated reporters on the mandated reporting requirements. Mandated reporter training shall be provided to school personnel hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that person’s employment. The process developed may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.
School districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education, and charter schools that do not use the online training module provided by the California Department of Social Services shall report to the California Department of Education the training being used in its place. (Education Code 44691)
Requires school districts and COEs to create comprehensive school safety plans for their schools; and, requires the school safety plan to include child abuse reporting procedures consistent with Article 2.5 of Chapter 2 of Title 1 of Part 4 of the Penal Code. (Education Code 32282)
Requires an employer having 50 or more employees to provide at least two hours of classroom or other effective interactive training regarding sexual harassment to all supervisory employees in California, and to all new supervisory employees within six months of their assumption of a supervisory position; and, specifies each employer shall provide sexual harassment training and education to each supervisory employee in California once every two years. (Government Code 12950.1)
Requires school districts, county offices of education, state special schools and diagnostic centers operated by the California Department of Education, and charter schools to annually train their employees and persons working on their behalf in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. (Penal Code 11165.7)
Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions; and, specifies the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and of his or her confidentiality rights. The employer shall provide a copy of Sections 11165.7, 11166, and 11167 to the employee. (Penal Code 11166.5)
Requires that when a person is issued a state license or certificate to engage in a profession or occupation that is a mandated reporter, the state agency issuing the license or certificate shall send a statement regarding mandated reporting to the person at the same time as it transmits the document indicating licensure or certification to the person; specifies the statement also shall indicate that failure to comply with the requirements of Section 11166 is a misdemeanor, punishable by up to six months in a county jail, by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine; and, specifies as an alternative, a state agency may cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 1986. (Penal Code 11166.5)
FISCAL EFFECT: Unknown
COMMENTS: This bill encourages schools to provide child abuse prevention training to all employees at least once every three years and requires the CDE to post guidelines and best practices for child abuse prevention on their Web site.
According to the author, AB 1432 (Gatto), Chapter 797, Statutes of 2014 made an important step towards reducing child abuse by requiring school districts to ensure teachers and other school employees complete annual training on the identification and reporting requirements when child abuse is suspected. This bill builds upon the pivotal groundwork of AB 1432 by including in state law the requirement that specified training of teachers or other school employees also includes abuse prevention training, i.e., how to avoid situations that could become compromising or improper.
The
author further states, AB 1058 would require the CDE to establish
guidelines and best practices regarding child abuse prevention. The
CDE would also be required to post on its Internet Website links to
existing child abuse prevention training resources. The bill would
also encourage local educational agencies, as specified, and state
special schools and diagnostic centers to participate in child abuse
prevention training and to encourage districts to require school
employees to receive training in child abuse prevention at least once
every three years as part of the training on reporting requirements
teachers, administrators, and staff must already complete. This bill
will help to protect children from predators on campus, and it will
help protect teachers and staff from false claims of abuse.
Does this training exist? While it is unclear how wide spread the availability of child abuse prevention materials may be, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open.
School Authorization: This bill encourages schools to provide child abuse prevention training every three years. Because the education code is permissive, schools can already incorporate this type of training into existing mandated reporter training if they wish to do so.
Committee Amendment: Staff recommends the bill clarify that child abuse prevention training is encouraged, and not required.
Previous Legislation: AB 1432 (Gatto), Chapter 797, Statutes of 2014, required local education agencies to annually train employees on their duties regarding the mandated reporting of child abuse and neglect, as specified.
AB 1338 (Buchanan) from 2013 would have required the governing board of a school district and county office of education (COE) and the governing body of a charter school, to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters in accordance with the Child Abuse and Neglect and Reporting Act (CANRA) and review the mandated reporting requirements with all school personnel within the first six weeks of each school year.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
Opposition
None on file.
Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087
Discussed in Hearing
48SEC
Assembly Floor
2MIN
Senate Floor
5MIN
Senate Standing Committee on Appropriations
6MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
6MIN
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):
