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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