BILL ANALYSIS Ó AB 1967 Page 1 ASSEMBLY THIRD READING AB 1967 (John A. Pérez) As Amended April 26, 2012 Majority vote EDUCATION 10-1 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Brownley, Norby, Ammiano, |Ayes:|Fuentes, Blumenfield, | | |Buchanan, Butler, Carter, | |Bradford, Charles | | |Eng, Grove, Halderman, | |Calderon, Campos, Davis, | | |Williams | |Gatto, Ammiano, Hill, | | | | |Lara, Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Wagner |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Requires the Instructional Quality Commission (IQC) and the State Board of Education (SBE) to ensure the health and science frameworks, adopted in the course of the next submission cycle include the subject of organ procurement and tissue donation, as appropriate. FISCAL EFFECT : According to the Assembly Appropriations Committee, potential General Fund (GF) administrative costs, likely between $175,000 and $250,000, to the State Department of Education's IQC to complete the requirements of this measure. This assumes a portion or all of the Commission's funding is restored to complete the development of the health curriculum framework, as specified. Governor Schwarzenegger vetoed all GF funding for the Curriculum Development and Supplemental Materials Commission (now the IQC) in 2009. To date, this funding has not been restored. COMMENTS : This bill requires the Instructional Quality Commission (IQC) and the State Board of Education (SBE) to ensure the health and science frameworks, adopted in the course of the next submission cycle include the subject of organ procurement and tissue donation, as appropriate. Electing to be an Organ Donor: Currently, there are two ways to register as an organ donor in California. First, each application for a new or renewal driver's license or identification card AB 1967 Page 2 provides a place for the applicant to indicate if he or she wants to be an organ donor. If the person affirms this desire, the pink donor dot symbol is pre-printed on the driver's license or identification card. Second, the Donate Life California Web site provides a way to register as an organ donor online. According to Donate Life California, there are more than 100,000 people on the National Organ Transplant Waiting List, more than 21,000 of whom live in California. Nationwide, approximately 18 people die each day awaiting life-saving organ transplants, and a new name is added to the national waiting list every 13 minutes. One organ donor can save up to eight lives and one tissue donor can improve lives of up to 50 others. Nationwide, minorities represent 49% of organ transplant candidates and more than 60% of kidney transplants. In California, Latinos make up 32% of those waiting for life-saving transplants, Asians/Pacific Islanders 16%, and African Americans another 14%. Health Education Standards & Graduation Requirements: Neither the health education standards nor the frameworks include any information about organ procurement or tissue donation. The health curriculum framework was scheduled to be revised to align it to the 2008 health standards but due to the fiscal situation in the state and resulting budget actions, the development of curriculum frameworks and adoption of instructional materials has been suspended until the 2015-16 school year. AB 2 X4 (Evans), Chapter 2, Statutes of 2009-10 Fourth Extraordinary Session, prohibits the SBE from adopting or following any of the procedures to adopt instructional materials, including following the procedures related to framework development, through the 2012-13 school year. SB 70 (Budget and Fiscal Review Committee), Chapter 7, Statutes of 2011, extended this prohibition to the 2015-16 school year. The revision and adoption of a health framework may be several years away given the existing fiscal challenges. Despite the delay in the adoption of a health framework, the Assembly should consider whether it is important to include organ and tissue donation in the next revision of the health framework. California does not require the completion of a health course as a condition for graduation from high school. Districts are authorized to offer health education courses to students and may require students to complete health education coursework as a district graduation requirement. According to Donate Life California, since 2006, more than 80 California high schools have voluntarily hosted AB 1967 Page 3 organ donation presentations in their classrooms. A number of recent bills have sought to amend the curriculum standards and frameworks, and some have required instruction in a particular subject matter. Because the education code is permissive, districts can offer health education already, and many if not most already do offer health education in high school. Science Education Standards & Graduation Requirements: Neither the science education standards nor the frameworks include information about organ procurement or tissue donation. SB 300 (Hancock), Chapter 624, Statutes of 2011, requires the science curriculum standards to be revised by July 30, 2013, so there may be a revision of the standards in the near future. The science curriculum framework was scheduled to be updated in 2010 but due to the fiscal situation in the state and resulting budget actions, the development of curriculum framework and adoption of instructional materials has been suspended until the 2015-16 school year (as noted above). The revision and adoption of a science framework may be several years away given the existing fiscal challenges. High school students are required to complete two years of science as a graduation requirement. It is unclear, however, which science disciplines are most appropriate for a discussion on organ procurement or tissue donation. For example, it may be appropriate in a biology class, but may not be appropriate in a physics or chemistry course. The bill specifies that this topic shall be included in science disciplines, as appropriate. Previous legislation: AB 1118 (John A. Pérez), of 2011, which was held on the Assembly Appropriations suspense file, would have required the Curriculum Development and Supplemental Materials Commission and the SBE to ensure the health framework, adopted in the course of the next submission cycle, includes the subject of organ procurement and tissue donation in the instruction provided to pupils in grades 9-10. Further it would have required a school district, commencing with the 2012-13 school year, to provide pupils who are enrolled in health classes in grades 9 and 10 at least 15 minutes of instruction in organ procurement and tissue donation, as specified. Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087 AB 1967 Page 4 FN: 0003863