BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1058


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1058 (Baker)


          As Amended  September 4, 2015


          Majority vote


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          |ASSEMBLY:  | 77-0 | (May 7, 2015) |SENATE: |39-0  | (September 9,   |
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          Original Committee Reference:  ED.


          SUMMARY:  Encourages school districts, county offices of  
          education (COEs) and charter schools to participate in child  
          abuse prevention training and are encouraged to provide 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 best  
            practices for school personnel to prevent abuse, including  
            sexual abuse, of children on school grounds, by school  








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            personnel, or in school-sponsored programs, 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 including sexual abuse, of children on  
            school grounds, by school personnel, or in school-sponsored  
            programs, and are encouraged to provide all school employees  
            receive training in child abuse prevention at least once every  
            three years.


          The Senate amendments: 


          1)Specify that the CDE's best practices and the child abuse  
            prevention training include sexual abuse, of children on  
            school grounds, by school personnel, or in school-sponsored  
            programs.
          2)Add Legislative findings and declarations and specify the  
            intent of the Legislature in enacting this act is to address  
            training and awareness of school personnel on best practices  
            to prevent circumstances that allow the abuse of a child on  
            school grounds, by school personnel, or in school-sponsored  
            programs.


          EXISTING LAW 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:


          1)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  








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            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 $1,000, or by  
            both that imprisonment and fine.

          2)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.

          3)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)

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the CDE indicates that 0.5 position and about $59,000  
          General Fund is needed to establish guidelines and best  
          practices for child abuse prevention with the Department of  
          Social Services and for the CDE to post links to existing  
          training resources on its website.  The CDE cites minor ongoing  
          costs to maintain the website and provide technical assistance  
          to local educational agencies.


          COMMENTS:  This bill encourages schools to provide child abuse  
          prevention training, including sexual abuse, of children on  
          school grounds, by school personnel, or in school-sponsored  
          programs to all employees at least once every three years and  
          requires the CDE to post guidelines and best practices for child  
          abuse prevention on their Web site.










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          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. 


          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  
          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. 


          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.


          Analysis Prepared by:                                             
                          Chelsea Kelley / ED. / (916) 319-2087  FN:  
          0002353










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