Today's Law As Amended


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SB-1183 Teachers: mandated reporting.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 44278 is added to the Education Code, to read:

44278.
 (a) On and after January 1, 2011, the holder of a teaching or services credential issued by the commission shall complete an approved training program by January 1, 2012, and every two years thereafter, in the duties imposed on mandated reporters under Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(b) The holder of a teaching or services credential, as part of his or her application to renew his or her credential, shall submit verification to the commission that he or she has complied with the training requirements set forth in subdivision (a). On and after January 1, 2012, the commission shall not renew the credential of any person who has not completed the training in accordance with subdivision (a).
(c) For purposes of this section, an approved training program may include, but is not limited to, mandated reporter training offered online by the Office of Child Abuse Prevention or another agency approved by the State Department of Social Services, training conducted by a local educational agency, training offered by a local educational agency, or any other training approved by the commission.

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) The  Develop   Office of Child Abuse Prevention in the State Department of Social Services shall develop and disseminate information to all school districts and school district personnel in California regarding the detection of child abuse. The information may be disseminated by the use of literature, as deemed suitable by the State Department of Education. 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, including, but not limited to, an online training module to be provided by the State Department of Social Services. shall be developed by the State Department of Education. The Office of Child Abuse Prevention or another state or local entity working with the State Department of Social Services to provide training for mandated reporters shall make those resources available to school districts and school district personnel. 
(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.