BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: AB 2560 AUTHOR: Bonilla AMENDED: April 22, 2014 FISCAL COMM: Yes HEARING DATE: June 4, 2014 URGENCY: No CONSULTANT:Lenin Del Castillo SUBJECT : Teacher credentialing: child abuse reporting. SUMMARY This bill requires the Commission on Teacher Credentialing to require a credential applicant (initial or renewal) to read and attest by signature a statement regarding his or her duties as a mandated reporter. 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 the State Department of Education the reasons why this training is not provided. Additionally, current law requires any mandated reporter, with the exception of child visitation monitors, prior to AB 2560 Page 2 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 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. (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 State Department of Education (SDE). 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 SDE. (Education Code § 44691) ANALYSIS This bill : 1) Provides that the Commission on Teacher Credentialing (CTC) require an applicant who submits an initial or renewal application online or in paper form, as part of the application process, to read and attest by signature or electronic signature a statement that the applicant for the credential understands the duties imposed on a holder of a teaching credential or a services credential pursuant to the Child Abuse and Neglect Reporting Act (CANRA), including, but not limited to, the duty of a holder of a teaching credential or a services credential to report to any police department, sheriff's department, county probation department authorized to receive reports, or county welfare department, whenever he or she, in his or her professional capacity or within AB 2560 Page 3 the scope of his or her employment, has knowledge of or observes a child whom the holder of a teaching credential or a services credential knows or reasonably suspects has been the victim of child abuse or neglect. 2) Specifies that the statement shall be substantially in the following form: "As a document holder authorized to work with children, it is part of my professional and ethical duty to report every instance of child abuse or neglect known or suspected to have occurred to a child with whom I have professional contact. I understand that I must report immediately, or as soon as practicably possible, by telephone to a law enforcement agency or a child protective agency, and will send a written report and any evidence relating to the incident within 36 hours of becoming aware of the abuse or neglect of the child. I understand that reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person is not a substitute for making a mandated report to a law enforcement agency or a child protective agency. I understand that the reporting duties are individual and no supervisor or administrator may impede or inhibit my reporting duties. I understand that once I submit a report, I am not required to disclose my identity to my employer. I understand that my failure to report an instance of suspected child abuse or neglect as required by the Child Abuse and Neglect Reporting Act under Section 11166 of the Penal Code is a misdemeanor punishable by up to six months in jail or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. I acknowledge and certify that as a document holder, I will fulfill all the duties required of a mandated reporter." AB 2560 Page 4 STAFF COMMENTS 1) Need for the bill . According to the author's office, there has been a growing trend where mandated reporters have reported suspected child abuse or neglect only to school administration and not to law enforcement or child protective services. In 2013, in the Mt. Diablo Unified School District, there were cases of suspected abuse reported by several teachers to a school principal. However, the school principal never communicated the suspected abuse to authorities and instead, the school attempted to internally address the alleged abuse. The abuse continued and when law enforcement was finally informed, it was discovered that more than a dozen children had been abused. 2) Child Abuse and Neglect Reporting Act . The Child Abuse and Neglect Reporting Act (Penal Code § 11166) specifies the duties of a mandated reporter which include the requirements for him or her to immediately report to law enforcement or CPS any suspected child abuse or neglect and to submit a report within 36 hours upon receiving information concerning the incident. Once law enforcement becomes aware of the report, they are responsible for investigating the child abuse incident. The Child Abuse and Neglect Reporting Act also states that reporting suspected child abuse or neglect to an employer, supervisor, school principal, school counselor, or coworker is not a substitute for making a mandated report to law enforcement or CPS. The author's office indicates that AB 2560 clarifies that teachers, as mandated reporters, are required to report suspected child abuse or neglect immediately to law enforcement and not to school administration. This bill specifically requires teachers, when they renew their teaching credential every 5 years through the California Commission on Teacher Credentialing, to read a statement that outlines his or her responsibilities as a mandated reporter. This bill also requires a teacher to self-attest by electronic signature that he or she understands the obligation to report directly to the police department, sheriff's department, county probation department, or county welfare department any AB 2560 Page 5 suspected child abuse or neglect. According to the author's office, it is important that mandated reporters, such as teachers, report the suspected abuse to the correct entity so immediate action can be taken to ensure all students are safe on campus. 3) Related legislation : AB 135 (Buchanan) requires local education agencies to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters and to review that policy with employees on an annual basis. AB 135 passed this Committee on May 14, 2014, and is pending in the Senate Appropriations Committee. AB 1432 (Gatto) which is pending in the Senate Rules Committee, requires mandated reporter training of all school district, county office of education, charter school, and state special schools' personnel within the first six weeks of each school year or within six weeks of employment and also requires the State Department of Education to develop and disseminate information, as specified, on child abuse. SUPPORT Antioch Unified School District Association of California School Administrators California School Boards Association California State PTA California State Sheriffs' Association California Teachers Association Child Abuse Prevention Center Commission on Teacher Credentialing Concord Police Department Contra Costa County Office of Education County of Los Angeles Sheriff's Department EdVoice Monument Crisis Center Mt. Diablo Unified School District Office of the District Attorney, Contra Costa County Superintendent of Public Instruction OPPOSITION AB 2560 Page 6 None on file.