BILL NUMBER: AB 25	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2011
	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 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. Athletics: concussions and head
injuries.
   (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
  supervised recreational  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  
supervised recreational  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
athletic programs to immediately remove from a school-sponsored
athletic activity  for the   remainder of the day
an athlete who is suspected of sustaining a concussion or head injury
during that activity  , and   . The bill 
would prohibit the return of the athlete to that activity until he or
she is evaluated by, and receives written clearance from, a licensed
health care provider, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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   recreational activities pursuant to paragraph
(6) of subdivision (b) of Section 38131  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  for the remainder of the day  , 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.