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. 





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              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 




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               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:




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                        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.