Bill Text


Bill PDF |Add To My Favorites | print page

AB-1058 Pupil safety: child abuse prevention: training. (2015-2016)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB1058:v95#DOCUMENT

Assembly Bill No. 1058
CHAPTER 748

An act to amend Section 44691 of the Education Code, relating to pupil safety.

[ Approved by Governor  October 10, 2015. Filed with Secretary of State  October 10, 2015. ]

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.