Amended in Senate May 21, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 135


Introduced by Assembly Member Buchanan

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(Coauthors: Assembly Members Bonilla, Chávez, Fong, Quirk-Silva, Waldron, and Wilk)

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(Coauthors: Senators Fuller and Vidak)

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January 16, 2013


An act to add Section 44692 to the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 135, as amended, Buchanan. School employees: child abuse: reporting.

Existing law 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. Existing law, the Child Abuse and Neglect Reporting Act, designates certain persons, including teachers, as mandated reporters. Existing law requires a mandated reporter to make a report if the person has knowledge of or observes a child whom the person knows or reasonably suspects has been the victim of child abuse or neglect.begin insert Existing law also provides that the California School for the Blind and the California School for the Deaf are under the administration of the State Department of Education.end insert

This bill would require the governing board of each school district and county office of education,begin delete andend delete the governing body of each charter school,begin insert and, for purposes of the California School for the Blind and the California School for the Deaf, the department,end insert to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters. The bill would require each school district, charter school, and county office ofbegin delete educationend deletebegin insert education, the California School for the Blind, and the California School for the Deafend insert to, at minimum, review the mandated reporting requirements of school employees with all school personnel within the first 6 weeks of each school year, at a regularly scheduled staff meeting. By expanding the duty of school districts, charter schools, and county offices of education, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 44692 is added to the Education Code,
2to read:

3

44692.  

(a) The governing board of each school district and
4county office of education,begin delete andend delete the governing body of each charter
5school,begin insert and, for purposes of the California School for the Blind
6and the California School for the Deaf, the department,end insert
shall adopt
7a policy on the reporting of child abuse and the responsibilities of
8mandated reporters, as defined in Section 11165.7 of the Penal
9Code, in accordance with the requirements of the Child Abuse and
10Neglect Reporting Act (Article 2.5 (commencing with Section
1111164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).

12(b) Each school district, charter school, and county office of
13begin delete educationend deletebegin insert education,end insertbegin insert the California School for the Blindend insertbegin insert, and the
14California School for the Deaf,end insert
shall, at a minimum, review the
15mandated reporting requirements of school employees, pursuant
16to the Child Abuse and Neglect Reporting Act (Article 2.5
17(commencing with Section 11164) of Chapter 2 of Title 1 of Part
P3    14 of the Penal Code), with all school personnel within the first six
2weeks of each school year, as part of a regularly scheduled staff
3meeting.

4

SEC. 2.  

If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.



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