BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1058


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          Date of Hearing:   April 8, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1058  
          (Baker) - As Introduced February 26, 2015


          SUBJECT:  Pupil safety:  child abuse prevention:  training


          SUMMARY:  Encourages school districts, county offices of  
          education (COEs) and charter schools to participate in child  
          abuse prevention training and to require that all employees  
          receive training in child abuse prevention at least every three  
          years.  Specifically, this bill:  


          1)Requires the California Department of Education (CDE), in  
            consultation with the Office of Child Abuse Prevention in the  
            State Department of Social Services, to establish guidelines  
            and best practices for child abuse prevention, and post on the  
            department's Internet Web site links to existing training  
            resources.


          2)Encourages school districts, county offices of education,  
            state special schools and diagnostic centers operated by the  
            CDE, and charter schools to participate in child abuse  
            prevention training and to require that all school employees  
            receive training in child abuse prevention at least once every  
            three years.










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          EXISTING LAW:  

          1)Establishes Child Abuse and Neglect Reporting Act (CANRA)  
            which specifies the following types of people are mandated  
            reporters, among others:

             a)   A teacher.

             b)   An instructional aide.

             c)   A teacher's aide or teacher's assistant employed by a  
               public or private school.

             d)   A classified employee of a public school.

             e)   An administrative officer or supervisor of child welfare  
               and attendance, or a certificated pupil personnel employee  
               of a public or private school.

             f)   An employee of a county office of education or the CDE  
               whose duties bring the employee into contact with children  
               on a regular basis.

             g)   An employee of a school district police or security  
               department.

             h)   A person who is an administrator or presenter of, or a  
               counselor in, a child abuse prevention program in a public  
               or private school. (Penal Code 11164, et seq.)

          2)Requires the California Department of Education, in  
            consultation with the Office of Child Abuse Prevention in the  
            State Department of Social Services, to do all of the  
            following:

             a)   Develop and disseminate information to all school  
               districts, county offices of education, state special  
               schools and diagnostic centers operated by the CDE, and  
               charter schools, and their school personnel in California,  








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               regarding the detection and reporting of child abuse.

             b)   Provide statewide guidance on the responsibilities of  
               mandated reporters who are school personnel in accordance  
               with the Child Abuse and Neglect Reporting Act.  This  
               guidance shall include, but not necessarily be limited to,  
               both of the following:

               i)     Information on the identification of child abuse and  
                 neglect.

               ii)    Reporting requirements for child abuse and neglect.

             c)   Develop 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, including, but  
               not limited to, an online training module to be provided by  
               the California Department of Social Services. (Education  
               Code 44691)  

          3)Requires school districts, county offices of education, state  
            special schools and diagnostic centers operated by the  
            California Department of Education, and charter schools to do  
            both of the following:

             a)   Provide annual training, using the online training  
               module provided by the State Department of Social Services,  
               to their employees and persons working on their behalf who  
               are mandated reporters on the mandated reporting  
               requirements. Mandated reporter training shall be provided  
               to school personnel hired during the course of the school  
               year. This training shall include information that failure  
               to report an incident of known or reasonably suspected  
               child abuse or neglect, as required is a misdemeanor  
               punishable by up to six months confinement in a county  
               jail, or by a fine of one thousand dollars ($1,000), or by  
               both that imprisonment and fine.









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             b)   Develop a process for all persons required to receive  
               training to provide proof of completing the training within  
               the first six weeks of each school year or within the first  
               six weeks of that person's employment. The process  
               developed may include, but not necessarily be limited to,  
               the use of a sign-in sheet or the submission of a  
               certificate of completion to the applicable governing board  
               or body of the school district, county office of education,  
               state special school and diagnostic center, or charter  
               school.

             c)   School districts, county offices of education, state  
               special schools and diagnostic centers operated by the  
               California Department of Education, and charter schools  
               that do not use the online training module provided by the  
               California Department of Social Services shall report to  
               the California Department of Education the training being  
               used in its place. (Education Code 44691)  

          4)Requires school districts and COEs to create comprehensive  
            school safety plans for their schools; and, requires the  
            school safety plan to include child abuse reporting procedures  
            consistent with Article 2.5 of Chapter 2 of Title 1 of Part 4  
            of the Penal Code. (Education Code 32282)

          5)Requires an employer having 50 or more employees to provide at  
            least two hours of classroom or other effective interactive  
            training regarding sexual harassment to all supervisory  
            employees in California, and to all new supervisory employees  
            within six months of their assumption of a supervisory  
            position; and, specifies each employer shall provide sexual  
            harassment training and education to each supervisory employee  
            in California once every two years.  (Government Code 12950.1)

          6)Requires school districts, county offices of education, state  
            special schools and diagnostic centers operated by the  
            California Department of Education, and charter schools to  
            annually train their employees and persons working on their  
            behalf in the duties of mandated reporters under the child  








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            abuse reporting laws. The training shall include, but not  
            necessarily be limited to, training in child abuse and neglect  
            identification and child abuse and neglect reporting.  (Penal  
            Code 11165.7)

          7)Requires any mandated reporter, with the exception of child  
            visitation monitors, prior to commencing his or her  
            employment, and as a prerequisite to that employment, shall  
            sign a statement on a form provided to him or her by his or  
            her employer to the effect that he or she has knowledge of the  
            mandated reporting procedures and will comply with those  
            provisions; and, specifies 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 of his or her  
            confidentiality rights.  The employer shall provide a copy of  
            Sections 11165.7, 11166, and 11167 to the employee. (Penal  
            Code 11166.5)

          8)Requires that when a person is issued a state license or  
            certificate to engage in a profession or occupation that is a  
            mandated reporter, the state agency issuing the license or  
            certificate shall send a statement regarding mandated  
            reporting to the person at the same time as it transmits the  
            document indicating licensure or certification to the person;  
            specifies the statement also shall indicate that failure to  
            comply with the requirements of Section 11166 is a  
            misdemeanor, punishable by up to six months in a county jail,  
            by a fine of one thousand dollars ($1,000), or by both that  
            imprisonment and fine; and, specifies as an alternative, a  
            state agency may cause the required statement to be printed on  
            all application forms for a license or certificate printed on  
            or after January 1, 1986.  (Penal Code 11166.5)

          FISCAL EFFECT:  Unknown


          COMMENTS:  This bill encourages schools to provide child abuse  
          prevention training to all employees at least once every three  
          years and requires the CDE to post guidelines and best practices  








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          for child abuse prevention on their Web site.


          According to the author, AB 1432 (Gatto), Chapter 797, Statutes  
          of 2014 made an important step towards reducing child abuse by  
          requiring school districts to ensure teachers and other school  
          employees complete annual training on the identification and  
          reporting requirements when child abuse is suspected. This bill  
          builds upon the pivotal groundwork of AB 1432 by including in  
          state law the requirement that specified training of teachers or  
          other school employees also includes abuse prevention training,  
          i.e., how to avoid situations that could become compromising or  
          improper. 


          The author further states, AB 1058 would require the CDE to  
          establish guidelines and best practices regarding child abuse  
          prevention. The CDE would also be required to post on its  
          Internet Website links to existing child abuse prevention  
          training resources. The bill would also encourage local  
          educational agencies, as specified, and state special schools  
          and diagnostic centers to participate in child abuse prevention  
          training and to encourage districts to require school employees  
          to receive training in child abuse prevention at least once  
          every three years as part of the training on reporting  
          requirements teachers, administrators, and staff must already  
          complete.  This bill will help to protect children from  
          predators on campus, and it will help protect teachers and staff  
          from false claims of abuse. 

          Does this training exist?  While it is unclear how wide spread  
          the availability of child abuse prevention materials may be,  
          there are some online training programs currently available.  
          These training materials focus on training teachers on what  
          types of behavior may cross the line in terms of appropriateness  
          and provide examples of behavior that could protect the teacher  
          from false child abuse claims. Examples include not sending  
          personal emails and texts to students, not giving students rides  
          in cars, and not being alone in a classroom with a student  








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          without the door open.

          School Authorization: This bill encourages schools to provide  
          child abuse prevention training every three years.  Because the  
          education code is permissive, schools can already incorporate  
          this type of training into existing mandated reporter training  
          if they wish to do so. 

          Committee Amendment: Staff recommends the bill clarify that  
          child abuse prevention training is encouraged, and not required.


          Previous Legislation: AB 1432 (Gatto), Chapter 797, Statutes of  
          2014, required local education agencies to annually train  
          employees on their duties regarding the mandated reporting of  
          child abuse and neglect, as specified.


          AB 1338 (Buchanan) from 2013 would have required the governing  
          board of a school district and county office of education (COE)  
          and the governing body of a charter school, to adopt a policy on  
          the reporting of child abuse and the responsibilities of  
          mandated reporters in accordance with the Child Abuse and  
          Neglect and Reporting Act (CANRA) and review the mandated  
          reporting requirements with all school personnel within the  
          first six weeks of each school year. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Catholic Conference










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          Opposition


          None on file.




          Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087