BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: SB 1137 AUTHOR: Huff INTRODUCED: February 21, 2012 FISCAL COMM: Yes HEARING DATE: March 28, 2012 URGENCY: No CONSULTANT:Kathleen Chavira SUBJECT : Heritage schools electronic registration form. SUMMARY This bill modifies the information to be contained in the electronic registration form which current law requires every person, firm, association, partnership or corporation operating a heritage school to submit, under penalty of perjury, to the Superintendent of Public Instruction (SPI). BACKGROUND Current law defines "heritage school" as a school that serves children who are at least four (4) years and nine (9) months of age and no older than 18 years of age, and who also attend a public or private full-time day school. Also included in the definition is the requirement that heritage schools do all of the following: Specify regular hours of operation. Offer education or academic tutoring, or both, in a foreign language. Offer education on the culture, traditions, or history of a country other than the United States. Offer culturally enriching activities, including, but not limited to, art, dancing, games, or singing, based on the culture or customs of a country other than the United States. Maintain membership in a state or national cultural, or language association. SB 1137 Page 2 Comply with relevant local government regulations, where applicable. Do not operate out of a residential home. (EC § 33195.4) California law requires that every person, firm, association, partnership, or corporation operating a heritage school as defined in Section 33195.4 file the electronic Heritage School Registration (HSR) Form between January 1 and 31 every year setting forth specified information and containing specified statements of compliance, under penalty of perjury. (EC § 33195, § 33195.1) Currently law requires that the heritage school maintain a copy of the registration form it electronically files with the SPI and that the school make this form available upon request, including to the State Department of Social Services, to verify exemption from child care licensure. (EC § 33195.4) Current law establishes the Child Abuse and Neglect Reporting Act in the Penal Code, with the intent and purpose to protect children from abuse and neglect. Under the Act various individuals who work with or supervise children are defined as "mandated reporters," and are required to make a report to specified agencies whenever, in his/her professional capacity or within the scope of his/her employment, he/she has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Among others, "mandated reporters" specifically includes "an administrator or employee of a public or private organization whose duties require direct contact and supervision of children." (Penal Code § 11165.7) ANALYSIS This bill modifies the information to be contained in the electronic registration form which current law requires every person, firm, association, partnership or corporation operating a heritage school to submit to the SPI. More specifically it: 1) Eliminates the ability of an administrative body to submit a single electronic registration form that includes information for multiple heritage schools and instead, requires that an individual electronic registration form which includes the city and street location at which the heritage school delivers pupil services be submitted on SB 1137 Page 3 behalf of every heritage school under the effective control or supervision of a single administrative unit. 2) Expands the information to be included in the electronic registration form, under penalty of perjury, to include acknowledgement that the director of the heritage school and all employees will be mandated reporters and comply with all applicable requirements of the Child Abuse and Neglect Reporting Act. STAFF COMMENTS 1) Need for the bill . SB 1116 (Huff, Chapter 286, Statutes of 2010) established that heritage schools were not child care centers, relieved the heritage schools from complying with child care licensing requirements, and established an alternative registration process/system through the SPI. This bill is intended to make clarifying changes to the statutes surrounding heritage schools in an effort to provide a safer environment for students by ensuring that each individual school registers with the SPI, and that the heritage schools acknowledge that they are subject to requirements of the Child Abuse and Neglect Reporting Act. 2) Greater clarity necessary . This bill requires acknowledgement by the registrant that the director and employees of a heritage school "will be" mandated reporters under the Child Abuse and Neglect Reporting Act. This language could be interpreted to imply that they are not already mandated reporters under the Act. As noted in the background of this analysis, "an administrator or employee of a public or private organization whose duties require direct contact and supervision of children," a definition which captures the function of heritage school staff, is clearly a mandated reporter. In order to ensure that there is no confusion about their status and responsibilities as mandated reporters, staff recommends the bill be amended as follows: "Acknowledge that the director of the heritage school and all employees are mandated reporters and subject to the requirements established by the Child Abuse and Neglect Report Act, and that, consistent with the Act, certify that: SB 1137 Page 4 The employer is aware that they are encouraged to provide these employees with training in the duties imposed by the Act. Employees have signed a statement provided by the employer that they have knowledge of the Act and will comply with those provisions. Employees have been notified by the employer of their reporting obligations and their confidentiality rights, pursuant to Penal Code § 11165.9" SUPPORT None received. OPPOSITION None received.