Bill Text: CA AB1058 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupil safety: child abuse prevention: training.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 748, Statutes of 2015. [AB1058 Detail]
Download: California-2015-AB1058-Chaptered.html
BILL NUMBER: AB 1058 CHAPTERED
BILL TEXT
CHAPTER 748
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 9, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Baker
(Principal coauthor: Assembly Member Gatto)
FEBRUARY 26, 2015
An act to amend Section 44691 of the Education Code, relating to
pupil safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1058, Baker. Pupil safety: child abuse prevention: training.
Existing law requires the State Department of Education, in
consultation with the Office of Child Abuse Prevention in the State
Department of Social Services, to take certain actions relating to
the detection and reporting of child abuse, including, among other
things, developing and disseminating information to local educational
agencies, as specified, and state special schools and diagnostic
centers regarding the detection and reporting of child abuse.
This bill would require the State Department of Education to
establish best practices for school personnel to prevent abuse,
including sexual abuse, of children on school grounds, by school
personnel, or in school-sponsored programs, and to post on its
Internet Web site links to existing training resources. The bill
would encourage local educational agencies, as specified, and state
special schools and diagnostic centers to participate in training on
the prevention of abuse, including sexual abuse, of children on
school grounds, by school personnel, or in school-sponsored programs,
and also encourage them to provide school employees with that
training at least once every 3 years.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares both of the
following:
(1) In 2014, there were over six million pupils in California, and
existing research suggests that 600,000 of these pupils will
experience some level of abuse, including sexual misconduct, by
school personnel.
(2) The problem can be addressed only if school personnel are made
aware of the problem and receive appropriate training on how they
can better protect children.
(b) The intent of the Legislature in enacting this act is to
address training and awareness of school personnel on best practices
to prevent circumstances that allow the abuse of a child on school
grounds, by school personnel, or in school-sponsored programs.
SEC. 2. Section 44691 of the Education Code is amended to read:
44691. (a) The State Department of Education, in consultation
with the Office of Child Abuse Prevention in the State Department of
Social Services, shall do all of the following:
(1) Develop and disseminate information to all school districts,
county offices of education, state special schools and diagnostic
centers operated by the State Department of Education, and charter
schools, and their school personnel in California, regarding the
detection and reporting of child abuse.
(2) Provide statewide guidance on the responsibilities of mandated
reporters who are school personnel in accordance with the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This
guidance shall include, but not necessarily be limited to, both of
the following:
(A) Information on the identification of child abuse and neglect.
(B) Reporting requirements for child abuse and neglect.
(3) 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 to
be provided by the State Department of Social Services.
(4) Establish best practices for school personnel to prevent
abuse, including sexual abuse, of children on school grounds, by
school personnel, or in school-sponsored programs, and post on the
department's Internet Web site links to existing training resources.
(b) School districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools shall do both of the following:
(1) Provide annual training, using the online training module
provided by the State Department of Social Services or as provided in
subdivision (c), to their employees and persons working on their
behalf who are mandated reporters, as defined in Section 11165.7 of
the Penal Code, pursuant to this section and subdivision (d) of
Section 11165.7 of the Penal Code on the mandated reporting
requirements. Mandated reporter training shall be provided to school
personnel hired during the course of the school year. This training
shall include information that failure to report an incident of known
or reasonably suspected child abuse or neglect, as required by
Section 11166 of the Penal Code, is a misdemeanor punishable by up to
six months confinement in a county jail, or by a fine of one
thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Develop a process for all persons required to receive training
pursuant to this section 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. The process developed under
this paragraph may include, but not necessarily be limited to, the
use of a sign-in sheet or the submission of a certificate of
completion to the applicable governing board or body of the school
district, county office of education, state special school and
diagnostic center, or charter school.
(c) School districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools that do not use the online training
module provided by the State Department of Social Services shall
report to the State Department of Education the training being used
in its place.
(d) School districts, county offices of education, state special
schools and diagnostic centers operated by the State Department of
Education, and charter schools are encouraged to participate in
training on the prevention of abuse, including sexual abuse, of
children on school grounds, by school personnel, or in
school-sponsored programs, and are also encouraged to provide all
school employees with that training at least once every three years.
