BILL ANALYSIS �
SB 1137
Page 1
Date of Hearing: June 13, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1137 (Huff) - As Amended: April 10, 2012
SENATE VOTE : 36-0
SUBJECT : Heritage schools: electronic registration form.
SUMMARY : Requires the director and all employees at heritage
schools to be mandated reporters under the Child Abuse and
Neglect Reporting Act; and, specifies that each heritage school
must file a separate electronic registration form with the
Superintendent of Public Instruction (SPI), regardless of
whether one entity runs multiple schools. Specifically, this
bill :
1)Requires a heritage school electronic registration form to
include:
a) The address of the location at which the heritage school
delivers services to pupils.
b) Acknowledgement that the director of the heritage school
and all employees are mandated reporters and subject to the
requirement established by the Child Abuse and Neglect
Reporting Act and, consistent with that act, certification
that:
i) The employer is aware that it is encouraged to
provide its employees with training in the duties imposed
by the act.
ii) Employees have signed a statement provided by the
employer that the employees have knowledge of that act
and will comply with its provisions.
iii) Employees have been notified by the employer of
their reporting obligations and confidentiality rights.
2)Specifies that if two or more heritage schools are under the
supervision of a single administrative unit, the
administrative unit shall submit an electronic registration
form on behalf of every heritage school under its supervision.
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EXISTING LAW :
1)Defines a heritage school as a school that serves children who
are between the ages of four years and nine months and 18
years, who attend a public or private full-time day school,
that does all of the following:
a) Specifies regular hours of operation.
b) Offers education or academic tutoring, or both, in a
foreign language.
c) Offers education on the culture, traditions, or
history of a country other than the United States.
d) Offers 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.
e) Maintains membership in a state or national cultural
or language association.
f) Complies with relevant local government regulations.
g) Does not operate out of a residential home. (Education
Code 33195.4)
2)Requires every person, firm, association, partnership or
corporation offering or conducting heritage school instruction
to file, between the first and 15th day of October of each
year, beginning October 1, 2010, an affidavit or statement,
under penalty of perjury, with the SPI.
3)Requires the affidavit or statement to include a statement
that the heritage school is in compliance with requirements
for fingerprinting and a criminal record summary; and,
requires the affidavit or statement to be available to parents
of all pupils enrolled in the school or considering whether to
enroll, if an instructor also serves as the administrator.
4)Establishes the Child Abuse and Neglect Reporting Act, 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 include "an administrator or
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employee of a public or private organization whose duties
require direct contact and supervision of children." (Penal
Code 11165.7)
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill requires the director and all employees of
a heritage school to acknowledge that they are mandated
reporters under the Child Abuse and Neglect Reporting Act. The
bill also requires all heritage schools to submit an electronic
registration form to the SPI, regardless of whether one entity
operate multiple schools. The bill further clarifies the
address information required to be submitted as part of the
electronic registration form.
Definition of Heritage Schools . Heritage schools educate
children on foreign languages, culture, and customs. They seek
to preserve the culture and language of immigrants, fostering
tolerance and diversity. Traditionally many of them have been
referred to as Chinese, Greek, or Japanese Schools. Heritage
schools have expanded recently to include many other cultures.
According to the Senate Human Services Committee analysis of
prior legislation, heritage schools come in many sizes,
settings, and organizational structures with one thing in
common: they exist to educate children to speak languages other
than English and to learn about a foreign culture and customs.
Some heritage schools are only open after school during the
school year; others are also open all day on school holidays and
during vacations. Some are; in essence, drop in programs
requiring no sign-in or sign-out of children. Others,
particularly when operating all day during school vacations,
provide care and supervision.
Background on the Child Abuse and Neglect Reporting Act . The
first child abuse reporting law in California was enacted in
1963. The early laws mandated only physicians to report physical
abuse. Over the years, numerous amendments have expanded the
definition of child abuse and the persons required to report.
Procedures for reporting categories of child abuse have also
been clarified. In California, certain professionals are
required to report known or suspected child abuse. Under the
law, the following types of abuse must be reported by all
legally mandated reporters:
i) A physical injury inflicted by other than accidental
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means on a child.
ii) Child sexual abuse.
iii) Willful cruelty or unjustified punishment.
iv) Unlawful corporal punishment or injury, willfully
inflicted, resulting in a traumatic condition.
v) Neglect of a child, whether "severe" or "general."
Who is Currently a Mandated Reporter? Legally mandated
reporters include a wide variety of positions, including people
in public positions such as: a teacher; an instructional aide, a
teacher's aide, or a teacher's assistant employed by any public
or private school, a classified employee of any public school;
an administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any
public or private school; an administrator of a public or
private day camp; an administrator or employee of a public or
private youth center, youth recreation program, or youth
organization; an administrator or employee of a public or
private organization whose duties require direct contact and
supervision of children; among others. It seems clear that the
director and employees at a heritage school fall under the
current definition of a mandated reporter since they are "an
administrator or employee of a public or private organization
whose duties require direct contact and supervision of
children."
Previous Legislation : SB 1116 (Huff), Chapter 286, Statutes of
2010, requires heritage schools to file an electronic
registration form with the Superintendent of Public Instruction
detailing specific information relative to personnel and the
course of study; and, requires heritage school employees to be
fingerprinted, among other things.
SB 129 (Huff), from 2009, which was held on the Senate
Appropriations Committee suspense file, was substantially
similar to SB 1116 (Huff).
SB 379 (Huff), from 2009, which was held on the Senate
Appropriations Committee suspense file, would have exempted
heritage schools from child day care licensure.
AB 1888 (Huff), from 2008, which was held on the Assembly
Appropriations Committee suspense file, would have exempted
heritage schools from child care licensure requirements.
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AB 344 (Huff), from 2007, which was never heard, would have
exempted heritage schools from child care licensure
requirements.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087