BILL ANALYSIS Ó AB 1058 Page 1 (Without Reference to File) CONCURRENCE IN SENATE AMENDMENTS AB 1058 (Baker) As Amended September 4, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 77-0 | (May 7, 2015) |SENATE: |39-0 | (September 9, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 1058 Page 2 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 AB 1058 Page 3 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. AB 1058 Page 4 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 AB 1058 Page 5