BILL ANALYSIS                                                                                                                                                                                                    




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          |SENATE RULES COMMITTEE            |                       SB 1178|
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                                    THIRD READING


          Bill No:  SB 1178
          Author:   Vidak (R)
          Introduced:2/18/16  
          Vote:     27 - Urgency

           SENATE EDUCATION COMMITTEE:  8-0, 3/30/16
           AYES: Liu, Block, Huff, Leyva, Mendoza, Monning, Pan, Vidak
           NO VOTE RECORDED: Hancock

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Superintendent of Public Instruction:  child abuse  
                     and neglect:  poster


          SOURCE:    Author

          DIGEST:   This bill, an urgency measure, requires the  
          Superintendent of Public Instruction (SPI) to develop a poster  
          that notifies children of the appropriate resources available  
          for reporting child abuse or neglect. 

          ANALYSIS:  
          
          Existing law:

          1)Establishes the Child Abuse and Neglect Reporting Act and  
            requires 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.  Mandated  
            reporters are required to 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.  (Penal Code  11165.7)








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          2)Requires the California Department of Education (CDE), in  
            consultation with the Office of Child Abuse Prevention, to: 

             a)   Develop and disseminate information to all school  
               districts, county offices of education, state special  
               schools and diagnostic centers, charter schools and their  
               school personnel regarding the detection and reporting of  
               child abuse. 

             b)   Provide statewide guidance on the responsibilities of  
               mandated reporters who are school personnel.

             c)   Develop the appropriate means of instructing school  
               personnel in the detection of child abuse and neglect, as  
               specified. 

             d)   Establish best practices for school personnel to prevent  
               abuse, as specified. 

          3)Requires CDE to adopt guidelines to be disseminated to parents  
            or guardians of pupils that describe the procedures that a  
            parent or guardian can follow in filing a complaint of child  
            abuse with the school or a child protective services agency  
            against a school employee or other person that commits an act  
            of child abuse against a student at a schoolsite.  (EC   
            33308.1)

          This bill:

       1)Requires the SPI to develop a poster that notifies children of  
            the appropriate resources available for reporting child abuse  
            or neglect.  Specifically this bill:

               a)        Requires the SPI to:

                   i)             Include the appropriate telephone number  
                 to report child abuse or neglect.  

                   ii)            Post on the department's Internet Web  
                 site specified versions of the poster for public  
                 download. 








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               b)        Authorizes the SPI to partner with government  
               agencies and nonprofit entities for purpose of design and  
               content. 

               c)        Requires that the poster:

                   i)      Be no smaller than 8.5 inches by 11 inches.

                   ii)            Be produced in Spanish, English and  
                 three other languages to be determined by the SPI. 

                   iii)    Direct children to call "911" in case of an  
                 emergency.

       2)Encourages school districts, charter schools and private schools  
            to post the appropriate version or versions in an area of the  
            school where students frequent. 

       3)Makes the bill an urgency measure in order to meet the deadline  
            requirement established by the bill. 
          
          Comments

       1)Need for the bill.  According to the author, while mandated  
            reporting laws train school staff to identify the signs of  
            suspected child abuse, children who do not exhibit these signs  
            may not receive the help they need.  The author asserts that  
            after posters were placed in Texas schools, the number of  
            calls reporting suspected cases of abuse significantly  
            increased than in prior years.  This bill seeks to provide  
            children with greater access to child abuse reporting  
            information by encouraging schools to display a poster,  
            developed by the SPI, in areas where children congregate. 

       2)Information directed to students.  It appears that very little  
            information related to child abuse awareness is directed to  
            children in schools.  Health education content standards,  
            developed by CDE, include strategies to promote child abuse  
            awareness directly to students.  However, information included  
            in the standard does not ensure actual instruction.  Other  
            tools and resources related to identifying the signs of child  








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            abuse or reporting cases of suspected child abuse are geared  
            toward adults who are mandated reporters such as teachers and  
            other school employees.  

       3)Is this the appropriate remedy?  Notwithstanding the seriousness  
            of this issue, is legislation necessary for the development of  
            a poster?  Could the author simply request that the  
            Superintendent of Public Instruction undertake the activities  
            outlined in the bill?  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified   4/12/16)


          Children's Advocacy Centers of California 


          OPPOSITION:   (Verified 4/12/16)


          None received





          Prepared by:  Olgalilia Ramirez / ED. / (916) 651-4105
          4/13/16 15:37:01


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