BILL NUMBER: AB 2226 CHAPTERED 09/13/06 CHAPTER 235 FILED WITH SECRETARY OF STATE SEPTEMBER 13, 2006 APPROVED BY GOVERNOR SEPTEMBER 13, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE JUNE 20, 2006 AMENDED IN SENATE JUNE 1, 2006 AMENDED IN ASSEMBLY MAY 2, 2006 AMENDED IN ASSEMBLY APRIL 17, 2006 INTRODUCED BY Assembly Member Garcia (Coauthors: Assembly Members Coto and Wyland) FEBRUARY 22, 2006 An act to add Section 49452.7 to the Education Code, relating to diabetes screening. LEGISLATIVE COUNSEL'S DIGEST AB 2226, Garcia Diabetes screening. Existing law requires the governing body of each county or counties to establish a community child health and disability prevention program for the purpose of providing early and periodic assessments of the health status of children in the county or counties. Existing law requires the health screening and evaluation part of each program to include for each child screening tests for vision, hearing, anemia, tuberculosis, diabetes, and urinary tract conditions. Existing law requires the governing board of each school district to exclude from school, for not more than 5 days, any 1st grade pupil who has not provided either a certificate documenting that the child has received the appropriate health screening and evaluation services or a waiver signed by the child's parents or legal guardian indicating that they do not want, or are unable, to obtain these services. Existing law establishes, until January 1, 2008, a 3-year pilot program and requires any school district that volunteers to participate in the program to screen pupils for the risk of developing type 2 diabetes mellitus in conjunction with a screening program for scoliosis. Existing law specifies individuals who may perform and supervise the screenings, and prescribes procedures for the screening process, including, but not limited to, compliance with standards and procedures developed by the State Department of Education. The program provides for parent or legal guardian notification of any pupil suspected of being at elevated risk of developing type 2 diabetes mellitus, as described. This bill would, on and after July 1, 2010, require each school district to provide a type 2 diabetes information sheet developed by the State Department of Education to the parent or legal guardian of incoming 7th grade pupils. By increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all of the following: (1) The State of California has the second highest rate of overweight and low-income children in the nation. (2) Since the early 1970s the childhood obesity rate has more than doubled for preschool children, aged two to five years, inclusive, and for adolescents, aged 12 to 19 years, inclusive, and it has more than tripled for children aged 6 to 11 years, inclusive. (3) The average weight for a 10-year-old boy in 1963 was 74.2 pounds, and by 2002, it was nearly 85 pounds. The average weight for a 10-year-old girl in 1963 was 77.4 pounds, and by 2002, it was nearly 88 pounds. (4) African-American, Hispanic, and Native American adolescents have higher rates of obesity than the rest of the population. Up to 24 percent of African-American and Hispanic children are above the 95th percentile in weight. (5) Fifty percent of overweight children and teens remain overweight as adults. (6) Childhood obesity has been linked to diabetes, hypertension, and heart disease. Type 2 diabetes, which until recently affected only adults, now affects a growing number of children and accounts for almost 50 percent of new diabetes cases among children in some communities in the nation. (7) Diabetes is the sixth leading cause of death in the United States and is associated with several health risks. These health risks include heart disease and stroke, high blood pressure, kidney disease, nervous system damage, gum disease, and blindness. (8) Early detection and proper diagnosis of type 2 diabetes among adolescents enables teens to be treated at a stage where long-term health damage has not yet occurred. (9) With early detection, these risks can be subverted for people affected by prediabetes, and for those already diagnosed with diabetes, these risks can be reduced through proper exercise, nutrition, and weight management. (10) In 2005, 176,500 people aged 20 years or younger were diagnosed with diabetes. This accounts for 0.22 percent of all people aged 20 years or younger. (11) In addition, 2,000,000 adolescents aged 12-19 have prediabetes and with early detection and proper management of glucose levels, people can delay or even prevent type 2 diabetes from ever developing. (12) The prevalence of diabetes is 1.7 times higher in Latinos than non-Latino whites. (13) Two and one-half million or 9.5 percent of all Latino Americans aged 20 or older have diabetes. (14) Approximately 24 percent of Mexican-Americans in the United States and 26 percent of Puerto Ricans between the ages of 45 and 74 have diabetes. (15) An estimated 44 percent of Latinos over 65 will have diabetes by 2020. SEC. 2. Section 49452.7 is added to the Education Code, to read: 49452.7. (a) On and after July 1, 2010, the school district shall provide an information sheet regarding type 2 diabetes to the parent or guardian of incoming 7th grade pupils. The information sheet may be provided to the parent or guardian of incoming 7th graders with the information provided pursuant to Section 48980. The information sheet shall include, but shall not be limited to, all of the following: (1) A description of type 2 diabetes. (2) A description of the risk factors and warning signs associated with type 2 diabetes. (3) A recommendation that pupils displaying or possibly suffering from risk factors or warning signs associated with type 2 diabetes should be screened for type 2 diabetes. (4) A description of treatments and prevention methods of type 2 diabetes. (5) A description of the different types of diabetes screening tests available. (b) The information sheet shall be developed by the State Department of Education in coordination with any other entity the department deems appropriate. The information sheet shall be made available to each school district through the State Department of Education's Web site and any other Web site the department deems appropriate, as well as by providing written copies of the information sheet to the school district upon written request to the department. (c) It is the intent of the Legislature that school districts, to the extent that resources or funds, or both, are available, provide information to parents regarding locations at which parents may receive diabetes screening and education services at free or reduced costs from public or private sources. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.