BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1137
AUTHOR: Huff
INTRODUCED: February 21, 2012
FISCAL COMM: Yes HEARING DATE: March 28, 2012
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Heritage schools electronic registration form.
SUMMARY
This bill modifies the information to be contained in the
electronic registration form which current law requires every
person, firm, association, partnership or corporation operating
a heritage school to submit, under penalty of perjury, to the
Superintendent of Public Instruction (SPI).
BACKGROUND
Current law defines "heritage school" as a school that serves
children who are at least four (4) years and nine (9) months of
age and no older than 18 years of age, and who also attend a
public or private full-time day school. Also included in the
definition is the requirement that heritage schools do all of
the following:
Specify regular hours of operation.
Offer education or academic tutoring, or both, in a foreign
language.
Offer education on the culture, traditions, or history of a
country other than the United States.
Offer culturally enriching activities, including, but not
limited to, art, dancing, games, or singing, based on the
culture or customs of a country other than the United
States.
Maintain membership in a state or national cultural, or
language association.
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Comply with relevant local government regulations, where
applicable.
Do not operate out of a residential home. (EC � 33195.4)
California law requires that every person, firm, association,
partnership, or corporation operating a heritage school as
defined in Section 33195.4 file the electronic Heritage School
Registration (HSR) Form between January 1 and 31 every year
setting forth specified information and containing specified
statements of compliance, under penalty of perjury. (EC �
33195, � 33195.1)
Currently law requires that the heritage school maintain a copy
of the registration form it electronically files with the SPI
and that the school make this form available upon request,
including to the State Department of Social Services, to verify
exemption from child care licensure. (EC � 33195.4)
Current law establishes the Child Abuse and Neglect Reporting
Act in the Penal Code, with the intent and purpose to protect
children from abuse and neglect. Under the Act various
individuals who work with or supervise children are defined as
"mandated reporters," and are required to make a report to
specified agencies whenever, in his/her professional capacity or
within the scope of his/her employment, he/she has knowledge of
or observes a child whom the mandated reporter knows or
reasonably suspects has been the victim of child abuse or
neglect. Among others, "mandated reporters" specifically
includes "an administrator or employee of a public or private
organization whose duties require direct contact and supervision
of children."
(Penal Code � 11165.7)
ANALYSIS
This bill modifies the information to be contained in the
electronic registration form which current law requires every
person, firm, association, partnership or corporation operating
a heritage school to submit to the SPI. More specifically it:
1) Eliminates the ability of an administrative body to submit
a single electronic registration form that includes
information for multiple heritage schools and instead,
requires that an individual electronic registration form
which includes the city and street location at which the
heritage school delivers pupil services be submitted on
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behalf of every heritage school under the effective control
or supervision of a single administrative unit.
2) Expands the information to be included in the electronic
registration form, under penalty of perjury, to include
acknowledgement that the director of the heritage school
and all employees will be mandated reporters and comply
with all applicable requirements of the Child Abuse and
Neglect Reporting Act.
STAFF COMMENTS
1) Need for the bill . SB 1116 (Huff, Chapter 286, Statutes of
2010) established that heritage schools were not child
care centers, relieved the heritage schools from complying
with child care licensing requirements, and established an
alternative registration process/system through the SPI.
This bill is intended to make clarifying changes to the
statutes surrounding heritage schools in an effort to
provide a safer environment for students by ensuring that
each individual school registers with the SPI, and that the
heritage schools acknowledge that they are subject to
requirements of the Child Abuse and Neglect Reporting Act.
2) Greater clarity necessary . This bill requires
acknowledgement by the registrant that the director and
employees of a heritage school "will be" mandated reporters
under the Child Abuse and Neglect Reporting Act. This
language could be interpreted to imply that they are not
already mandated reporters under the Act. As noted in the
background of this analysis, "an administrator or employee
of a public or private organization whose duties require
direct contact and supervision of children," a definition
which captures the function of heritage school staff, is
clearly a mandated reporter.
In order to ensure that there is no confusion about their
status and responsibilities as mandated reporters, staff
recommends the bill be amended as follows:
"Acknowledge that the director of the heritage school and
all employees are mandated reporters and subject to the
requirements established by the Child Abuse and Neglect
Report Act, and that, consistent with the Act, certify
that:
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The employer is aware that they are encouraged to
provide these employees with training in the duties
imposed by the Act.
Employees have signed a statement provided by the
employer that they have knowledge of the Act and will
comply with those provisions.
Employees have been notified by the employer of
their reporting obligations and their confidentiality
rights, pursuant to Penal
Code � 11165.9"
SUPPORT
None received.
OPPOSITION
None received.