BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   AB 709|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
                                 THIRD READING

          Bill No:  AB 709
          Author:   Brownley (D)
          Amended:  4/6/11 in Assembly
          Vote:     21

           SENATE EDUCATION COMMITTEE  :  9-0, 6/22/11
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Runner, Vacancy
          ASSEMBLY FLOOR  :  78-0, 5/19/11 (Consent) - See last page 
            for vote

           SUBJECT  :    School enrollment immunization records for 
          foster youth

           SOURCE  :     Author

           DIGEST  :    This bill clarifies that foster youth must be 
          immediately enrolled in a school even if the pupil is 
          unable to produce his/her immunization records prior to 

           ANALYSIS  :    

          Existing law:

          1. Requires a school to immediately enroll a foster child 
             even if the foster child has outstanding fees, fines, 
             textbooks, or other items or moneys due to the school 


                                                                AB 709

             last attended or is unable to produce records or 
             clothing normally required for enrollment, such as 
             previous academic records, medical records, and proof of 
             residency, other documentation, or school uniforms.

          2. Prohibits the governing authority of a school from 
             unconditionally admitting any pupil of any private or 
             public elementary or secondary school, child care 
             center, day nursery, nursery school, family day care 
             home, or development center, unless prior to  admission 
             he/she has been fully immunized against the following 

             A.    Diphtheria.

             B.    Haemophilus influenzae type b.

             C.    Measles.

             D.    Mumps.

             E.    Pertussis (whooping cough).

             F.    Poliomyelitis.

             G.    Rubella.

             H.    Tetanus.

             I.    Hepatitis B.

             J.    Varicella (chickenpox).

             K.    Any other disease deemed appropriate by the 
                Department of Health Services.

             L.    Beginning July 1, 2011, for pupils in grades 7-12, 
                pertussis including all boosters.  

          3. Exempts from immunization requirements pupils whose 
             parent or guardian files with the governing authority of 
             a school a letter or affidavit stating that the 
             immunization is contrary to his/her beliefs.  A pupil 
             may also be exempt if the parent or guardian provides a 



                                                                AB 709

             written statement from a licensed physician to the 
             effect that the physical condition of the child is such, 
             or medical circumstances relating to the child are such, 
             that immunization is not considered safe.  

          This bill clarifies that foster youth must be immediately 
          enrolled in a school even if the pupil is unable to produce 
          his/her immunization records prior to enrollment.  
          Specifically, this bill:

          1. Specifically includes "records or other proof of 
             immunization history" as medical records in relation to 
             the immediate enrollment of foster youth.

          2. Makes a conforming change to the Health and Safety Code 
             to clearly require schools to admit foster youth whose 
             immunization records are unavailable or are missing.

          3. States legislative intent that foster youth be 
             immediately enrolled in and allowed to attend school 
             even if he/she is unable to produce records normally 
             required for school enrollment.

          The Health and Safety Code and the related regulations 
          allow for an exemption from the requirement that a pupil be 
          fully immunized prior to enrollment in school for a pupil 
          whose parent submits an affidavit stating that the 
          immunizations are contrary to the pupil's beliefs or for a 
          pupil whose parent submits a statement from a physician 
          indicating that a particular immunization is not considered 
          safe for the child.  However, the regulations do not 
          mention the existing allowable exemption for pupils in 
          foster care whose records are missing or cannot be 
          produced, as stipulated in the Education Code.  The 
          inconsistencies between the two different Codes appear to 
          be leading to confusion in the field relative to the 
          application of these laws, and foster youth continue to 
          encounter barriers to enrollment when their immunization 
          records are missing.  This bill seeks to reconcile the two 
          Codes and thus remove any unnecessary barriers and delays 
          foster youth may encounter enrolling in school.  



                                                                AB 709

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  6/23/11)

          Advancement Project
          California Communities United Institute
          California Court Appointed Special Advocates Association
          California State Association of Counties
          County Welfare Directors Association
          Kern County Superintendent of Schools
          Los Angeles County Office of Education
          National Association of Social Workers, California Chapter
          National Center for Youth Law
          Paramount Unified School District
          Public Counsel

           ASSEMBLY FLOOR  :  78-0, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED:  Alejo, Gorell

          CPM:kc  6/29/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****



                                                                AB 709