BILL ANALYSIS �
AB 1432
Page 1
ASSEMBLY THIRD READING
AB 1432 (Gatto)
As Amended May 23, 2014
Majority vote
EDUCATION 5-0 PUBLIC SAFETY 5-0
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|Ayes:|Buchanan, Olsen, |Ayes:|Ammiano, Jones-Sawyer, |
| |Gonzalez, Nazarian, | |Quirk, Skinner, Stone |
| |Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 13-1
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Holden, | | |
| |Linder, Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones | | |
| | | | |
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SUMMARY : Requires annual mandated reporter training of all school
district, county office of education (COE), charter school, state
special school and diagnostic center personnel within the first six
weeks of each school year or within six weeks of employment; and,
requires the California Department of Education (CDE) in
consultation with the Department of Social Services (DSS) to develop
and disseminate information on child abuse; develop guidelines on
mandated reporter responsibilities and reporting requirements; and,
develop a means of instructing school personnel. Specifically, this
bill :
1)Deletes the requirement for the State Office of Child Abuse
Prevention to develop and disseminate information to all school
districts and district school personnel in California regarding
the detection of child abuse; deletes the authorization for the
information to be disseminated by the use of literature, as deemed
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suitable by the CDE; and, deletes the requirement for the CDE to
develop staff development seminars and any other appropriate means
of instructing school personnel in the detection of child abuse
and neglect and the proper action that school personnel should
take in suspected cases of child abuse and neglect.
2)Requires the CDE, in consultation with the State Office of Child
Abuse Prevention in the DSS, to do all of the following:
a) Develop and disseminate information to all school districts,
COEs, and charter schools, state special schools and diagnostic
centers and their school personnel in California, regarding the
detection and reporting of child abuse.
b) Provide statewide guidelines on the reporting requirements
for child abuse and the responsibilities of mandated reporters
in accordance with the Child Abuse and Neglect Reporting Act,
including identification of child abuse and reporting
requirements.
c) Develop appropriate means of instructing school personnel in
the detection of child abuse and neglect and the proper action
that school personnel should take in suspected cases of child
abuse and neglect, including, but not limited to, an online
training module.
3)Requires school districts, COEs, charter schools, state special
schools and diagnostic centers to annually provide training using
the online training module provided by the CDE to their employees
and persons working on their behalf who are mandated reporters;
requires mandated reporter training to be provided to school
personnel hired during the course of the school year; and,
requires the training to include information on child abuse and
neglect identification and child abuse and neglect reporting and
that failure to report an incident of known or reasonably
suspected child abuse or neglect, is guilty of a misdemeanor
punishable by up to six months confinement in a county jail, or by
a fine of $1,000, or by both that imprisonment and fine.
4)Requires school districts, COEs, charter schools, state special
schools and diagnostic centers to develop a process for all
persons required to receive training, to provide proof of
completing the training, within the first six weeks of each school
year or within the first six weeks of that person's employment;
and, specifies the process developed may include the use of a
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sign-in sheet or the submission of a certificate of completion to
the governing board or body.
5)Specifies that school districts, COEs, charter schools, state
special schools and diagnostic centers that do not use the online
training module provided by the CDE shall report to the CDE the
training being used in its place.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
one-time General Fund administrative costs to CDE of approximately
$60,000 to establish statewide guidelines. Ongoing costs of
approximately $20,000 to update statewide guidelines. Minor costs
to CDE and DSS to update existing training module. Unknown, likely
minor, General Fund and Proposition 98 (1988) mandated costs to
comply with training requirements.
COMMENTS : This bill requires annual mandated reporter training of
all school district, COE, charter school, state special school and
diagnostic center personnel within the first six weeks of each
school year or within six weeks of employment. Requires CDE and DSS
to develop and disseminate information to all school districts, COEs
and charter schools on child abuse; develop guidelines on mandated
reporter responsibilities and reporting requirements; and, develop a
means of instructing school personnel.
According to the author, "In recent years, there has been an
alarming increase in incidents of unreported child abuse where one
or more additional school employees were aware of the incident-
illustrating gaping holes in these mandated reporters' knowledge of
CANRA [California Child Abuse Neglect Reporting Act]. In the Redwood
City School District, a teacher was arrested in the abuse of two
five-year-old special needs students. In the wake of this horrible
incident, five staff members were fired for failing to report the
abuse despite their knowledge of it."
Further the author states, "Despite the Child Abuse and Neglect
Reporting Act's clear reporting requirements, school districts are
merely 'encouraged' rather than required to provide employees who
qualify as mandated reporters with training on either abuse
identification or abuse reporting. The absence of training is a
failure of our system that leaves millions of students at risk every
single day."
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Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN:
0003712