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
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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
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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."
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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
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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
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None on file.