BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1137|
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THIRD READING
Bill No: SB 1137
Author: Huff (R)
Amended: 04/10/12
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 03/28/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Heritage schools: electronic registration form
SOURCE : Author
DIGEST : This bill modifies the information to be
contained in the electronic registration form which
existing 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).
ANALYSIS : Existing law defines "heritage school" as a
school that serves children who are at least four years and
nine 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:
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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.
Comply with relevant local government regulations,
where applicable.
Do not operate out of a residential home.
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 Form between
January 1 and 31 every year setting forth specified
information and containing specified statements of
compliance, under penalty of perjury.
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 Department of Social Services, to
verify exemption from child care licensure.
Existing 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
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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."
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 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.
Comments
According to the Senate Education Committee analysis, 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
PQ:nl 5/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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