BILL ANALYSIS
AB 1319
Page 1
Date of Hearing: April 18, 2007
ASSEMBLY COMMITTEE ON EDUCATION
Gene Mullin, Chair
AB 1319 (Houston) - As Amended: April 12, 2007
[Note: This bill is double referred to the Assembly Judiciary
Committee and will be heard as it relates to issues under its
jurisdiction.]
SUBJECT : Student athletes: steroid testing
SUMMARY : Requires the California Interscholastic Federation
(CIF) to amend its constitution and bylaws to require, as a
condition of participation in interscholastic sports, school
districts to prohibit a pupil from participating in high school
athletics involving a CIF-sanctioned or sponsored athletic
competition unless that pupil has (1) consented, in writing, to
random urinalysis testing for anabolic steroids and (2)
acknowledged, in writing, the description of laws regarding
anabolic steroids. Specifically, this bill :
1)Requires the CIF to adopt rules and administer an anabolic
steroid testing program under which pupils participating in
athletics involving CIF-sanctioned or sponsored athletic
competition are tested randomly for the presence of steroids
in their bodies pursuant to urinalysis.
2)Requires the testing program to satisfy all of the following:
a) Be administered at approximately 10% of the high schools
in this state, selected randomly by CIF, at four different
and random times during each school year.
b) Randomly test at each selected high school,
approximately 10% of the pupils at that school who are
participating in athletics after signing the pledge to
abstain from using anabolic steroids, as specified.
c) Protect confidentiality of test results by authorizing
disclosure of the results only to the pupil, his or her
parent, the CIF, and the athletic director and principal or
assistant principal of the school attended by the pupil,
unless otherwise required by a court order.
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d) Provide for a process of confirming any initial positive
test result through a subsequent test conducted as soon as
practical after the initial test, using a sample that was
obtained at the same time as the sample used for the
initial test.
e) Require the testing of samples to be performed by an
anabolic steroid testing laboratory with a current
certification from the United States Department of Health
and Human Services, the World Anti-Doping Agency, or other
appropriate national or international certifying agency.
3)Requires the California Department of Education (CDE) to
contract with the CIF for the CIF to administer the anabolic
steroid testing program using funds appropriated for this
purpose.
4)Requires CDE to apply to the federal government for any funds
available for purposes of random testing for anabolic steroids
in schools.
EXISTING LAW
1)Establishes the California Interscholastic Federation (CIF) as
a voluntary organization that consists of school and
school-related personnel with responsibility for administering
interscholastic athletic activities in secondary schools.
2)Prohibits specified dietary supplements from being used by a
pupil participating in interscholastic high school sports 60
days after specified information is posted on the Internet Web
site of the State Department of Education, with certain
requirements. The CIF is required to amend its constitution
and bylaws to require that school districts prohibit a pupil
from participating in high school sports on and after July 1,
2006, unless that pupil signs a pledge not to use anabolic
steroids without a prescription from a licensed health care
practitioner or a prohibited dietary supplement and the parent
or guardian of that pupil signs a notification form regarding
those restrictions.
3)Prohibits the marketing, sale, or distribution of prohibited
dietary substances on a schoolsite or at a school-related
event.
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FISCAL EFFECT : Unknown.
COMMENTS : What happens if a student tests positive ? The bill
requires student athletes, as specified, to submit to random
urinalysis testing for steroids, however, the bill is silent on
the effect of testing positive. Will the student be suspended
from school or prohibited from participating in CIF-sanctioned
or sponsored athletic competition? Is there an appeal process if
the student wishes to contest a positive result? Should a
student that tests positive be referred to a school counselor, a
substance abuse professional or other appropriate school staff?
Prior legislative attempts to test students for
performance-enhancing substances raised concerns about random
testing . SB 1630 (Speier) of 2004 required the Department of
Health Services (DHS) to develop a list of performance-enhancing
dietary supplements (PEDS). The bill at one point also contained
language requiring a school district to administer limited
random tests to student athletes involved in specified sports.
The ACLU raised the following concerns:
"Government compelled drug testing in any form implicates
the federal and state right of freedom from unreasonable
searches and seizures. Given that, any drug testing
should, at minimum, be pursued only with proper procedural
guidelines and safeguards. The use of random drug testing
is overly broad and invasive. In fact, studies have shown
that random drug testing does not deter drug use and could
in fact result in a decrease in participation in
extracurricular activities, which are a proven means of
keeping students out of trouble with drugs."
The random testing piece of the bill was eventually deleted. SB
1630 was ultimately vetoed by Governor Schwarzenegger.
CIF policy regarding steroid use . In May 2005, the CIF adopted a
new bylaw which requires, as a condition of membership, that all
participating districts adopt policies prohibiting the use and
abuse of anabolic steroids. Prior to participating in
athletics, student and parents/guardians must sign an agreement
that the student will abide by the district's steroid
prohibition. The new CIF bylaws also prohibit districts from
accepting sponsorships from manufacturers of
performance-enhancing supplements and prohibit coaches from
promoting such substances. By December 31, 2008, coaches must
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also receive training on steroids.
SB 37 (Speier), Chapter 673, Statutes of 2005, prohibited
students participating in athletics from using dietary
supplements, as defined by federal law, and required the state
Department of
Health Services to provide to the CDE, by July 1, 2006, a guide
on prohibited substances. The CDE is then required to notify
districts of the guide's availability. The bill also codified
most aspects of the CIF bylaws into the Education Code.
What are anabolic steroids ? According to the National Institute
on Drug Abuse (NIDA), anabolic steroids are substances related
to the male sex hormones (androgens). They promote growth of
skeletal muscle (anabolic effect) and the development of male
sexual characteristics (androgenic effects), and also have other
effects. They are used by doctors to treat conditions that occur
when the body produces abnormally low amounts of testosterone,
such as delayed puberty and some types of impotence, and also to
treat body wasting in patients with AIDS and other diseases.
Major side effects can include liver tumors and cancer,
jaundice, high blood pressure, kidney tumors, severe acne, and
trembling. In males, side effects may include shrinking of the
testicles and breast development. In females, side effects may
include growth of facial hair, menstrual changes, and deepened
voice. In teenagers, growth may be halted prematurely and
permanently.
How prevalent is steroid use among youth ? According to the
Center for Disease Control and Prevention (CDC) "Youth Risk
Behavior Surveillance" study of high school students in 2001, 5%
of all high school students reported use of steroid
tablets/injections without a doctor's prescription. According
to the NIDA "Monitoring the Future" study, the percentage of
12th grade students reporting steroid use rose from 2.1% in 1991
to 4% in 2002.
Steroid testing in other states . On June 7, 2006, New Jersey
became the first state in the nation to require steroid testing
for high school athletes. The testing policy was developed by
the New Jersey State Interscholastic Athletic Association
(NJSIAA) and was prompted by recommendations made by the New
Jersey Governor's Task Force on Steroid Use and Prevention.
Based on the task force's recommendations, on December 20, 2005,
Governor Cody signed Executive Order 72, which directed the New
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Jersey Department of Education to work in conjunction with the
NJSIAA to develop and implement a program of random testing for
steroids.
Arguments in support . According to the California School Nurses
Association, "Recent data indicates that the use of steroids is
growing among student athletes, and this use begins in middle
and high school. There are both serious misconceptions about
the short and long-term effects of such substances, as well as
disregard of the concerns of many experts. These substances can
do major harm to these athletes, sometimes irreparable. School
nurses feel strongly that it is vital the use of such substances
be curtailed."
Arguments in opposition . According to the California Teachers
Association, "CTA believes in a student's right to due process.
This bill would threaten a student's right to privacy and could
open the door for increased drug testing in educational
settings."
REGISTERED SUPPORT / OPPOSITION :
Support
California School Nurses Association
Opposition
American Civil Liberties Union
California Teachers Association
Analysis Prepared by : Misty Feusahrens / ED. / (916) 319-2087