BILL NUMBER: AB 2165	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2008

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 20, 2008

   An act to add Chapter 7 (commencing with Section 500) to Part 1 of
Division 1 of Title 1 of the Education Code, relating to
interscholastic and intercollegiate athletics.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2165, as amended, Karnette. Interscholastic and intercollegiate
athletics: safety equipment.
   Existing law provides that the governing board of a school
district has general control of, and is responsible for, all aspects
of the interscholastic athletic policies, programs, and activities in
its district, including, but not limited to, eligibility, season of
sport, number of sports, personnel, and sports facilities.
   Existing law authorizes the governing board of a community college
district to enforce rules and regulations relating to eligibility
for and participation in intercollegiate athletics.
   This bill would  require   encourage 
the governing body of a public or private school that offers
kindergarten or any of grades 1 to 12, inclusive, and participates in
interscholastic athletics administered by the California
Interscholastic Federation or another voluntary interscholastic
athletic association, or the governing body of a community college or
the governing board of a public or private college or university
that participates in intercollegiate athletics administered by the
 California Community College Athletic Association, 
National Collegiate Athletic Association  ,  or another
voluntary intercollegiate athletic association, to  require
  consider requiring  a pupil or student to wear a
fitted mouth guard, as defined, while engaged in an interscholastic
or intercollegiate athletic competition in football, basketball,
soccer, wrestling, field hockey,  and   or
lacrosse. 
   By requiring school districts and community college districts to
perform additional duties in order to comply with that requirement,
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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Studies show that teenagers and youths are more susceptible
than adults to immediate harm from brain injuries because their brain
tissue is less developed and more easily damaged.
   (b) Girls are at a higher risk of suffering a concussion than
boys, suffering 68 percent more concussions than boys in soccer and
three times more concussions than boys in basketball.
   (c) According to a study published in the Journal of Athletic
Training, football has the highest rate of concussions in high school
sports with 47 concussions occurring per 100,000 player games or
practices. Girls soccer has the second highest rate of concussions in
high school sports with 36 concussions occurring per 100,000 player
games or practices. Boys soccer and girls basketball have the third
and fourth highest rate of concussions in high school sports with 22
and 21 concussions per 100,000 player games or practices,
respectively.
   (d) In the sport of football alone, since 1997, at least 50 high
school or younger athletes have been killed or sustained serious head
injuries on the field.
   (e) The use of a fitted mouth guard may reduce the risk of
sports-related concussions.
   (f) The National Collegiate Athletic Association requires mouth
guards for all football, field hockey, lacrosse, and ice hockey
players.
   (g) The American Dental Association recommends mouth guards for 29
high school sports because they may reduce the severity and
incidence of concussions.
  SEC. 2.  Chapter 7 (commencing with Section 500) is added to Part 1
of Division 1 of Title 1 of the Education Code, to read:
      CHAPTER 7.  ATHLETIC SAFETY EQUIPMENT


   500.  (a) The governing body of a public or private school that
offers kindergarten or any of grades 1 to 12, inclusive, and
participates in interscholastic athletics administered by the
California Interscholastic Federation or another voluntary
interscholastic athletic association, or the governing body of a
community college or public or private college or university that
participates in intercollegiate athletics administered by the 
California Community College Athletic Association,  National
Collegiate Athletic Association  ,  or another voluntary
intercollegiate athletic association,  shall require
  is encouraged to consider requiring  a pupil or
student to wear a fitted mouth guard while engaged in an
interscholastic or intercollegiate athletic competition in any of the
following sports:
   (1) Football.
   (2) Basketball.
   (3) Soccer.
   (4) Wrestling.
   (5) Field hockey.
   (6) Lacrosse.
   (b) For purposes of this section, "fitted mouth guard" means a
thermoplastic mouth-formed protector that is preformed by a
manufacturer  or dentist  and then fitted to the mouth of a
pupil or student. 
  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.