BILL ANALYSIS �
AB 135
Page 1
ASSEMBLY THIRD READING
AB 135 (Buchanan)
As Amended January 6, 2014
Majority vote
EDUCATION 7-0 APPROPRIATIONS 16-0
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Gatto, Bigelow, Allen, |
| |Gonzalez, Nazarian, | |Bocanegra, Bradford, Ian |
| |Weber, Williams | |Calderon, Campos, Eggman, |
| | | |Gomez, Holden, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the governing board of each school district
and county office of education (COE) and the governing body of
each charter school to adopt a policy on the reporting of child
abuse and the responsibilities of mandated reporters in
accordance with the requirements of the Child Abuse and Neglect
Reporting Act (CANRA); and, requires each school district,
charter school, and county office of education, at a minimum, to
review the mandated reporting requirements of school employees,
pursuant to CANRA, with all school personnel within in the first
six weeks of each school year, as part of a regularly scheduled
staff meeting.
EXISTING LAW :
1)Establishes CANRA which specifies the following types of
people are mandated reporters, among others:
a) A teacher.
b) An instructional aide.
c) A teacher's aide or teacher's assistant employed by a
public or private school.
d) A classified employee of a public school.
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e) An administrative officer or supervisor of child welfare
and attendance, or a certificated pupil personnel employee
of a public or private school.
f) An employee of a COE or the California Department of
Education (CDE) whose duties bring the employee into
contact with children on a regular basis.
g) An employee of a school district police or security
department.
h) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public
or private school. (Penal Code Section 11164, et seq.)
2)Specifies that employers are strongly encouraged to provide
their employees who are mandated reporters with training in
the duties imposed. This training shall include training in
child abuse and neglect identification and training in child
abuse and neglect reporting; and, specifies that school
districts that do not train their employees in the duties of
mandated reporters under the child abuse reporting laws shall
report to the CDE the reasons why this training is not
provided. (Penal Code Section 11165.7)
3)Requires that when a person is issued a state license or
certificate to engage in a profession or occupation that is a
mandated reporter, the state agency issuing the license or
certificate shall send a statement regarding the duties of a
mandated reporter to the person at the same time as it
transmits the document indicating licensure or certification
to the person, as specified. (Penal Code Section 11166.5)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time General Fund/Proposition 98 (GF/98) state
reimbursable mandated costs, of at least $500,000, to school
districts, COEs, and governing bodies of charter schools to
adopt a policy on the reporting of child abuse, as specified.
There were 1,016 districts and COEs in 2011-12. Likewise, there
are 1,066 charter schools in the state; it is unknown, however,
how many are governed by the same body. Annual GF/98 state
reimbursable mandated costs, of approximately $50,000, for
school districts and COEs (charter school costs are not
reimbursable) to provide a copy of the policy to all school
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employees at a regularly scheduled staff meeting.
COMMENTS : According to the author, too many incidents across
the state have shown us that school personnel are not always
aware of their duty to report incidents of child abuse and
neglect. This results in individual criminal and civil
liability for the employee, liability for the district, and most
importantly, does not protect children. Currently, all
teachers, aides, classified and administrative employees have a
duty to report under CANRA. Failure to make a report can result
in jail time and/or a $1,000 fine. The law is clear, but school
employees need regular reminders of their responsibilities to
maintain a safe school environment for children. AB 135
requires all school districts, COEs and charter schools to have
a policy on mandated reporting and to review that policy with
all employees annually.
The Bay Area News Group conducted a survey of school districts
regarding their mandated reporter training policies and
practices. According to the Contra Costa Times, "Fewer than half
the districts in Alameda, Contra Costa, San Mateo and Santa
Clara counties that responded to the survey said they offer
their employees the sort of training that experts encourage and
the law suggests: annual instruction in how to recognize signs
of sexual or other physical abuse, and clear reminders of the
legal requirement to report to authorities even the suspicion of
mistreatment." The survey results also underscore that
vagueness in the law has exacerbated the districts' failings.
All told, only 29 districts said they have provided annual
training about abuse and the law to all employees. The law
strongly encourages training without saying how often it should
be provided, but experts agree it should be frequent.
According to Child Abuse Mandated Reporter Training Project
(CAMRTP) in California, it is estimated that four children die
each day in this country as a result of child abuse and neglect.
The Federal Child abuse Reporting act was passed in 1974 to
address this issue. Over the years, numerous amendments have
expanded the definition of child abuse and the list of persons
who are required to report suspected child abuse. The CAMRTP is
funded by the California Department of Social Services (CDSS),
Office of Child abuse Prevention (OCAP) and the goal of this
project is to have free training available for mandated child
abuse reporters so they may carry out their responsibilities
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properly. Currently the CAMRTP provides free online training
modules that are specifically tailored for educators.
Reports to CDE : While districts are required to report to CDE if
they are not providing training to employees regarding their
duties as mandated reporters, CDE has never to date received a
report from a school district regarding why they do not provide
training for mandated reporters.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0002994