District receives training after state law makes governing-board members mandatory reporters

The Yuma Union High School District governing board received mandatory-reporting training during a special meeting when an attorney explained recent state changes that add governing-board members to the list of mandatory reporters.

The training, led virtually by attorney Jennifer McClellan and introduced by Superintendent Tim Brienza, explained that the change was enacted by Senate Bill 1437 and references criminal and education statutes cited in the presentation. "There’s been a recent change in in laws in Arizona, and it's really Senate Bill 1437 that made a change, which is now a state law, that district governing board members are required to be trained in mandatory reporting," Brienza said. McClellan told the board: "The reporting obligation is to report to the authorities if you develop a reasonable belief that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense, or neglect."

The training laid out who board members must notify and when. McClellan said mandatory reporters must contact local law enforcement, the Arizona Department of Child Safety (when a family member is involved), and tribal authorities where applicable; school employees should also report to the State Board of Education when the suspected perpetrator is a school employee. She emphasized the statutory timing: "The statutory language says that you shall immediately report, and it is the individual who forms the reasonable belief that is the mandatory reporter." The presenter said it is not sufficient for a board member simply to tell the superintendent to make the call — the board member who forms the belief has the duty to report, though she recommended making the report together with staff when possible.

McClellan described the kinds of incidents that trigger a report under the criminal statute noted in the presentation (listed in the slides as ARS 13 36 20) and the related education statute referenced in the slides (noted as Title 15 15 5 1 4). She explained that "reportable offenses" include listed sex offenses and that the standard for reporting physical injury is low — bruising, pressure sores, burns, bleeding and fractures can all be reportable if suspected to be nonaccidental. The attorney also said reporters have immunity from liability unless they act with malice, and that criminal penalties can apply for failure to report.

A notable procedural clarification covered the role of school resource officers (SROs): McClellan said the new statutes state that "a report to a school resource officer or a school safety officer does not satisfy the reporting requirements prescribed by this section." The district was advised to call dispatch and notify the SRO at the same time when making a report and to document the dispatch/call number as evidence that the mandatory report was made.

Board members raised questions during the session. Board member Mellon asked whether the duty covers student-to-student incidents and self-harm; McClellan replied that the duty applies to minor-to-minor nonaccidental physical injury and that the law includes a narrow exception for consensual sexual activity between minors in a specified age range (described in the training as conduct involving a minor older than age 14 and under 18). On self-harm she said the relevant question is whether neglect of a student's behavioral-health needs is suspected; if so, a report could be required.

Superintendent Brienza told the board the district has an existing policy numbered 4204 that covers mandatory reporting and recordkeeping. The district also circulated a sign-in sheet so attendees could document participation in the training.

Board members did not take a formal action on the item during the meeting; the presentation functioned as training and informational guidance for their reporting duties going forward.