BILL ANALYSIS Ó
AB 1058
Page 1
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.
AB 1058
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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
AB 1058
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Opposition
None on file.
Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087