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: 8/15/11 in Senate 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 enrollment. Senate Floor Amendments of 8/15/11 clarify that this bill does not alter the obligation of school districts to obtain a foster child's immunization records or to ensure the immunization of foster youth. ANALYSIS : CONTINUED AB 709 Page 2 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 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 diseases: 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. AB 709 Page 3 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 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. 4. States that the provisions of this bill do not alter the obligation of school districts to obtain a foster child's immunization records or to ensure the immunization of foster youth. Comments 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 AB 709 Page 4 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/13/11) 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 AB 709 Page 5 CPM:kc 8/13/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****