BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2621            
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          |Author:    |Gomez                                                |
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          |Version:   |May 31, 2016                             Hearing     |
          |           |Date:    June 8, 2016                                |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Lenin DelCastillo                                    |
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          Subject:  Employee Codes of Conduct


            SUMMARY
          
          This bill requires a local educational agency (LEA) or an entity  
          providing private school instruction that maintains an employee  
          code of conduct to provide a written copy of that document to  
          the parent or guardian of each enrolled student at the beginning  
          of each school year and also post it on their Web site.

            BACKGROUND
          
          Current law:

          1)   Provides that under the existing Child Abuse and Neglect  
               Reporting Act, all school district teachers and employees  
               are considered to be "mandated reporters," including  
               instructional aides, teacher assistants, classified  
               employees, and employees of a school district police or  
               security department.  Requires mandated reporters report to  
               any law enforcement department knowledge or observations  
               they may have of a child they know or reasonably suspect to  
               have been the subject of child abuse or neglect.  The  
               individual report must be made by telephone immediately or  
               as soon as practicable with a written or electronic follow  
               up within 36 hours.  

          2)   Specifies that employers are strongly encouraged to provide  
               their employees who are mandated reporters with training in  







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               the duties imposed, including training in child abuse and  
               neglect identification and training in child abuse and  
               neglect reporting.  School districts that do not train  
               their employees in the duties of mandated reporters are  
               required to report to the California Department of  
               Education (CDE) the reasons why this training is not  
               provided. 

          3)   Requires any mandated reporter, with the exception of child  
               visitation monitors, prior to commencing his or her  
               employment, to sign a statement on a form (provided by the  
               employer) to the effect that he or she has knowledge of the  
               mandated reporting procedures and will comply with those  
               provisions.  Further, current law provides that 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 confidentiality rights.  (Penal  
               Code § 11164, et seq.)

          4)   Requires each school district and county office of  
               education to be responsible for the overall development of  
               all comprehensive school safety plans for its schools.  The  
               schoolsite council is required to write and develop a  
               comprehensive school safety plan relevant to the needs and  
               resources of that particular school.  (Education Code §  
               32281)

          5)   Requires the comprehensive school safety plan to include  
               (1) an assessment of the current status of school crime  
               committed on school campuses and at school-related  
               functions and (2) identification of appropriate strategies  
               and programs that will provide or maintain a high level of  
               school safety and detail procedures for complying with  
               existing laws; disaster procedures; policies regarding  
               suspension or expulsion; a discrimination and harassment  
               policy; and, a safe and orderly environment conducive to  
               learning.  (EC § 32282)

          6)   Requires the comprehensive school safety plan to be  
               evaluated at least once a year.  (EC § 32282)

          7)   Requires the schoolsite council or school safety planning  
               committee to hold a public meeting to allow public comment,  
               and requires the notification of specified people and  








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               entities prior to this meeting.  Current law requires each  
               school to submit its school safety plan to the school  
               district or county office of education for approval and  
               requires a school district or County Office Education to  
               notify the California Department of Education (CDE) by  
               October 15 of every year of any school that is not in  
               compliance.  (EC § 32288)

          8)   Requires each school to include a description of key  
               elements of the school safety plan in the annual school  
               accountability report card.  
               (EC § 32286)

          9)   Current law requires, if the Superintendent of Public  
               Instruction determines that there has been a willful  
               failure to make any report required in school safety plan  
               statutes to do both of the following:

               a)        Notify the school district or county office of  
                    education in which the willful failure has occurred.

               b)        Make an assessment of up to $2,000 against that  
                    school or county office, which may be done by  
                    deducting funding from the district's or county  
                    office's future apportionment.  (EC § 32287)

          10)  Requires the State Office of Child Abuse Prevention to  
               develop and disseminate information to all school districts  
               and district school personnel regarding the detection of  
               child abuse.   The information may be disseminated by the  
               use of literature, as deemed suitable by the CDE. Staff  
               development seminars and any other 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 shall be developed by the CDE.  

          11)  Encourages local educational agencies to participate in  
               training on the prevention of abuse, including sexual  
               abuse, of children on school grounds, by personnel, or 

          in school-sponsored programs, and are also encouraged to provide  
          all school employees with that training at least once every  
          three years.  








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          (Education Code § 44691)  

            ANALYSIS
          
          This bill:

          1)   Requires a local educational agency (LEA), or a person,  
               firm, association, partnership, or corporation offering or  
               conducting private school instruction at the elementary or  
               high school level, that maintains an employee code of  
               conduct with pupils, to provide a written copy of that  
               document to the parent or guardian of each enrolled pupil  
               at the beginning of each school year.

          2)   Requires the LEA or entity offering or conducting private  
               school instruction to post the employee code of conduct on  
               each of its school's Web sites or, if a school within the  
               LEA does not have its own Web site, to post it on the LEA's  
               Web site in a manner that is accessible to the public  
               without a password.

          3)   Provides that an LEA may satisfy the requirement to provide  
               a written copy to the parent or guardian by including the  
               document in the existing parental notification required  
               pursuant to Education Code § 48980.

          4)   Defines an LEA as a school district, county office of  
               education, or charter school.

          5)   Specifies that the bill's provisions shall not be construed  
               to require an LEA, a school, or a private school to create  
               a Web site if it does not have one.

          6)   Provides that the bill's provisions do not apply to a  
               private school composed of parents or legal guardians  
               working exclusively with their own children.

          STAFF COMMENTS
          
          1)   Need for the bill.  The author's office indicates that  
               "parents and students are not always aware of the many  
               codes of conduct that apply to teachers.  Schools across  
               California have different forms of the code of conduct with  
               students.  School employees may be engaging in seemingly  








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               ordinary events with students that the parent is aware of  
               and it could be violating the code of conduct.  Events like  
               meeting off campus for coffee to discuss a term paper,  
               being friends on social media, or even providing a pupil a  
               ride home from school can appear innocent, but could easily  
               provide a venue for traumatic incidents such as sexual  
               assault."  

          2)   Purpose of the documents.  According to information  
               provided by the author's office, this bill is intended to  
               address an incident that occurred at a private school in  
               which a teacher "had a series of incidents where he was  
               slowly going beyond an understood but undocumented code of  
               conduct with students.  The teacher gradually escalated his  
               inappropriate conduct and in a few circumstances would  
               engage in a sexual relationship with his students."  The  
               author's office indicates that requiring schools to  
               distribute their codes of conduct, if they have one, may  
               help reduce the incidents of inappropriate behavior and  
               thereby protect students and other teachers or school  
               employees.  
               
          3)   Existing training.  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.  Schools may already incorporate any of this  
               child abuse prevention training into existing mandated  
               reporter training activities.

          4)   Previous legislation.

               AB 1058 (Baker, Chapter 748, Statutes of 2015) required the  
               California Department of Education (CDE) to establish  
               guidelines and best practices for child abuse prevention  
               and post on its Web site links to existing training  
               resources.  Additionally, this bill encourages school  
               districts, county offices of education (COEs) and charter  








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               schools to participate in child abuse prevention training  
               and provide all school employees with training in child  
               abuse prevention at least every three years.  

               AB 1432 (Gatto, Chapter 797, Statutes of 2014) required  
               school districts to annually train employees on their  
               duties regarding the mandated reporting when child abuse  
               and neglect is suspected.

               AB 135 (Buchanan) from 2014 would have required LEAs to  
               adopt policies and provide employees with regular reminders  
               of their responsibilities as mandated reporters.  This  
               measure failed passage in the Senate Appropriations  
               Committee.


               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.   
               This measure failed passage in the Assembly Appropriations  
               Committee.


            SUPPORT
          
          None received.

            OPPOSITION
           
           None received.

                                      -- END --