BILL NUMBER: AB 25 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 31, 2011
INTRODUCED BY Assembly Member Hayashi
( Coauthors: Assembly Members
Buchanan, Hill, Ma, Nestande,
John A. Pérez, and Smyth )
( Coauthors: Senators
Padilla, Steinberg, and Strickland )
DECEMBER 6, 2010
An act to amend Sections 35179.1 and 49032 of, and to add
Section 49475 to, the Education Code, relating to high school
athletics. An act to amend Sections 38131 and 38134 of,
and to add Section 49475 to, the Education Code, relating to
athletics.
LEGISLATIVE COUNSEL'S DIGEST
AB 25, as amended, Hayashi. High school athletics.
Athletics : concussions and head injuries
.
(1) Existing law states the intent of the Legislature to establish
a California High School Coaching Education and Training Program to
be administered by school districts and to emphasize, among other
things, training and certification in cardiopulmonary resuscitation
and first aid. Existing law requires each high school sports coach to
complete a coaching education program developed by his or her school
district or the California Interscholastic Federation that meets
specified guidelines. Existing law makes a high school sports coach
responsible for the costs of taking the prescribed course. Existing
law prohibits a high school sports coach who does not complete a
coaching education program from coaching for more than one season of
interscholastic competition.
This bill, commencing December 31, 2012, would require all high
school sports coaches taking or renewing first aid certification to
take training that includes, among other things, a basic recognition
of the signs, symptoms, and appropriate emergency action steps
regarding potentially catastrophic injuries, including, but not
limited to, head and neck injuries, concussions, and 2nd impact
syndrome. To the extent that this bill would create additional
requirements for school districts relating to this training, it would
impose a state-mandated local program.
(1) Existing law authorizes the governing board of a school
district to grant the use of school facilities or grounds as a civic
center for specified purposes, including sports league activities.
Existing law authorizes the governing board of a school district to
authorize the use of any school facilities or grounds under its
control, when an alternative location is not available, to nonprofit
organizations, and clubs or associations organized to promote youth
and school activities.
This bill would require any organization that uses school
facilities or grounds for youth athletic activities pursuant to these
provisions to provide a statement of compliance with the policies
for the management of concussion and head injury, as specified.
(2) Existing law authorizes school districts to provide specified
medical services in connection with athletic events that are under
the jurisdiction of, or sponsored or controlled by, school districts.
These services include medical or hospital insurance for pupils
injured while participating in athletic activities and ambulance
service for pupils, instructors, spectators, and other individuals in
attendance at athletic activities.
This bill would require a school district that elects to offer
interscholastic athletic programs to immediately
remove from a school-sponsored athletic activity a high
school an athlete who is suspected of sustaining
a concussion or head injury during that activity , and
would prohibit the return of the pupil
athlete to that activity until he or she is evaluated by, and
receives written clearance from, a licensed health care provider
and his or her parent or guardian , as specified.
The bill would require, on a yearly basis, a concussion and head
injury information sheet to be signed and returned by the athlete
and the athlete's parent or guardian prior to the athlete's
initiating practice or competition.
(3) 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. Section 38131 of the
Education Code is amended to read:
38131. (a) There is a civic center at each and every public
school facility and grounds within the state where the citizens,
parent teacher associations, Camp Fire girls, Boy Scout troops,
veterans' organizations, farmers' organizations, school-community
advisory councils, senior citizens' organizations, clubs, and
associations formed for recreational, educational, political,
economic, artistic, or moral activities of the public school
districts may engage in supervised recreational activities, and where
they may meet and discuss, from time to time, as they may desire,
any subjects and questions that in their judgment pertain to the
educational, political, economic, artistic, and moral interests of
the citizens of the communities in which they reside. For purposes of
this section, "veterans' organizations" are those groups included
within the definition of that term as specified in subdivision (a) of
Section 1800 of the Military and Veterans Code.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 38134.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary schoolage.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities , including, but
not limited to, sports league activities for youths that are
arranged for and supervised by entities, including religious
organizations or churches, and in which youths may participate
regardless of religious belief or denomination , provided that
any group using the school facilities or grounds pursuant to this
paragraph provides a statement of compliance with the policies for
the management of concussion and head injury in athletics set forth
in subdivisions (a) and (b) of Section 49475 .
(7) A community youth center.
(8) A ceremony, patriotic celebration, or related educational
assembly conducted by a veterans' organization.
(9) Other purposes deemed appropriate by the governing board.
SEC. 2. Section 38134 of the Education
Code is amended to read:
38134. (a) The governing board of any school district shall
authorize the use of any school facilities or grounds under its
control, when an alternative location is not available, to nonprofit
organizations, and clubs or associations organized to promote youth
and school activities, including, but not limited to:
(1) Girl Scouts, Boy Scouts, Camp Fire, Inc.
(2) Parent-teachers' associations.
(3) School-community advisory councils.
This subdivision shall not apply to any group that uses school
facilities or grounds for fundraising activities that are not
beneficial to youth or public school activities of the district, as
determined by the governing board.
(b) Except as otherwise provided by law, the governing board may
charge an amount not to exceed its direct costs for use of its school
facilities. Each governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs.
(c) The governing board of any school district may charge an
amount not to exceed its direct costs for use of its school
facilities by any entity, including a religious organization or
church, that arranges for and supervises sports league activities for
youths as described in paragraph (6) of subdivision (b) of Section
38131.
(d) The governing board of any school district that authorizes the
use of school facilities or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious denomination an amount at least equal to the
district's direct costs.
(e) In the case of entertainments or meetings where admission fees
are charged or contributions are solicited and the net receipts are
not expended for the welfare of the pupils of the district or for
charitable purposes, a charge shall be levied for the use of school
facilities or grounds which charge shall be equal to fair rental
value.
(f) If any group activity results in the destruction of school
property, the group may be charged for an amount necessary to repay
the damages, and further use of facilities may be denied.
(g) As used in this section, "direct costs" to the district for
the use of school facilities or grounds means those costs of
supplies, utilities, janitorial services, services of any other
district employees, and salaries paid school district employees
necessitated by the organization's use of the school facilities and
grounds of the district.
(h) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the school
facilities or grounds used for the duration of the activity
authorized.
(i) Any school district authorizing the use of school facilities
or grounds under subdivision (a) shall be liable for any injuries
resulting from the negligence of the district in the ownership and
maintenance of those facilities or grounds. Any group using school
facilities or grounds under subdivision (a) shall be liable for any
injuries resulting from the negligence of that group during the use
of those facilities or grounds. The district and the group shall each
bear the cost of insuring against its respective risks ,
and shall each bear the costs of defending itself against claims
arising from those risks. Any group using school facilities or
grounds pursuant to subdivision (a) for the purpose of any youth
athletic activity shall provide a statement of compliance with the
policies for the management of concussion and head injury set forth
in subdivisions (a) and (b) of Section 49475. Notwithstanding
any other provision of law, this subdivision shall not be waived.
Nothing in this subdivision shall be construed to limit or affect the
immunity or liability of a school district under Division 3.6
(commencing with Section 810) of Title 1 of the Government Code
, for injuries caused by a dangerous condition of
public property.
SEC. 3. Section 49475 is added to the
Education Code , to read:
49475. If a school district elects to offer an athletic program,
the school district shall comply with both of the following:
(a) An athlete who is suspected of sustaining a concussion or head
injury in an athletic activity shall be immediately removed from the
activity, and shall not be permitted to return to the activity until
he or she is evaluated by a licensed health care provider, trained
in the management of concussions, acting within the scope of his or
her practice. The athlete shall not be permitted to return to the
activity until he or she receives written clearance to return to the
activity from that licensed health care provider.
(b) On a yearly basis, a concussion and head injury information
sheet shall be signed and returned by the athlete and the athlete's
parent or guardian prior to the athlete's initiating practice or
competition.
SECTION 1. Section 35179.1 of the Education
Code is amended to read:
35179.1. (a) This section shall be known and may be cited as the
1998 California High School Coaching Education and Training Program.
(b) The Legislature finds and declares all of the following:
(1) The increase in the number of pupils who participate in high
school athletics requires a corresponding statewide increase in the
number of coaches.
(2) Well-trained coaches are vital to the success of pupil
athletes.
(3) Hundreds of principals, superintendents, and school board
members participated in developing a strategic plan in conjunction
with the California Interscholastic Federation (CIF) and identified
coaching improvement as a vital investment.
(4) There are many concerns about safety, training, organization,
philosophy, communications, and general management in coaching that
need to be addressed.
(5) School districts, in conjunction with the California
Interscholastic Federation, have taken the initial first steps toward
building a statewide coaching education program by assembling a
faculty of statewide trainers composed of school district
administrators, coaches, and athletic directors using a national
program being used in several states.
(6) Concussions are a serious and growing public health concern,
especially for athletes participating in contact sports.
(7) Concussions can be difficult to detect and, along with other
serious head injuries, can have long-term effects, including suicide,
depression, memory loss, sleep disorders, impairments in attention,
and motor deficits. The effects of these injuries, while not all
preventable, can be mitigated by prompt recognition and appropriate
response.
(8) The competitive interscholastic athletic culture of playing
through pain or "toughing it out" puts pupil athletes at serious
risk.
(9) Concussions have a cumulative effect. Allowing an athlete to
return to play too early after a concussion increases the chance of
more serious brain injury. A concussion can cause rapid brain
swelling that can result in coma or even death.
(10) Currently, coaches, pupil athletes, and parents of pupil
athletes lack appropriate awareness about the prevention,
identification, and treatment of concussions.
(11) According to the federal Centers for Disease Control and
Prevention, at least 3,000,000 sports- and recreation-related
concussions occur in the United States each year.
(c) It is, therefore, the intent of the Legislature to establish a
California High School Coaching Education and Training Program. It
is the intent of the Legislature that the program be administered by
local school districts and emphasize the following components:
(1) Development of coaching philosophies consistent with the goals
of the school, school district, and governing board of the school
district.
(2) Sport psychology: emphasizing communication, reinforcement of
the efforts of young people, effective delivery of coaching regarding
technique, and motivation of the pupil athlete.
(3) Sport pedagogy: how young athletes learn, and how to teach
sport skills.
(4) Sport physiology: principles of training, fitness for sport,
development of a training program, nutrition for athletes, and the
harmful effects associated with the use of steroids and
performance-enhancing dietary supplements by adolescents.
(5) Sport management: team management, risk management, and
working within the context of an entire school program.
(6) Training provided by the American Red Cross, the American
Heart Association, or another organization that provides equivalent
training and certification in all of the following areas:
(A) Valid and current certification in CPR.
(B) Valid and current certification in first aid that includes a
basic recognition of the signs, symptoms, and appropriate emergency
action steps regarding potentially catastrophic injuries, including,
but not limited to, head and neck injuries, concussions, and second
impact syndrome.
(C) Emergency action planning.
(7) Knowledge of, and adherence to, statewide rules and
regulations, as well as school regulations including, but not
necessarily limited to, eligibility, gender equity, and
discrimination.
(8) Sound planning and goal setting.
(d) This section does not endorse a particular coaching education
or training program.
SEC. 2. Section 49032 of the Education Code is
amended to read:
49032. (a) (1) Effective December 31, 2008, each high school
sports coach shall have completed a coaching education program
developed by his or her school district or the California
Interscholastic Federation that meets the guidelines set forth in
Section 35179.1. Commencing on December 31, 2012, each high school
sports coach taking or renewing his or her first aid certification
shall meet the guidelines set forth in paragraph (6) of subdivision
(c) of Section 35179.1.
(2) The coaching education program described by paragraph (1) may
be taught by an athletic director or high school sports coach who is
deemed to be qualified by the California Interscholastic Federation.
(b) Upon completion of the coaching education program, a high
school sports coach shall be deemed to have completed the education
requirement for the remainder of his or her time coaching at the high
school level in any school district in the state.
(c) Each high school sports coach shall be responsible for the
costs of taking the coaching education program.
(d) The training requirements of this section shall count toward
the continuing education required for the renewal of the teaching
credential of a coach who is also a certificated employee.
(e) Notwithstanding subdivision (a), a high school sports coach
who does not meet the requirements of subdivision (a) may be used for
no longer than one season of interscholastic competition.
(f) For the purposes of this section, "high school sports coach"
means an employee or a volunteer who is authorized by a high school
to be responsible for leading a school sports team of pupil athletes.
SEC. 3. Section 49475 is added to the Education
Code, to read:
49475. If a school district elects to offer any interscholastic
athletic programs, the school district shall immediately remove from
any school-sponsored athletic activity any high school athlete who is
suspected of sustaining a concussion or head injury. Following the
removal, the pupil shall not be permitted to return to the activity
until he or she is evaluated by a licensed health care provider
trained in the evaluation and management of concussions, acting
within the scope of his or her practice, and receives written
clearance to return to play from that health care provider and from
his or her parent or guardian.
SEC. 4. 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.