BILL NUMBER: SB 614 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 6, 2011
INTRODUCED BY Senator Kehoe
(Principal coauthor: Senator Alquist)
FEBRUARY 18, 2011
An act to amend Section 8483.3 120335
of the Education Health and Safety
Code, relating to child care
immunization, and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 614, as amended, Kehoe. Child care: After School
Education and Safety Program: age- and gender-appropriate
self-defense and safety awareness training. Childhood
immunization.
Existing law, commencing July 1, 2011, until June 30, 2012,
prohibits a defined governing authority from unconditionally
admitting or advancing any pupil to the 7th through 12th grade levels
of any private or public elementary or secondary school unless the
pupil has been fully immunized against pertussis, including all
pertussis boosters appropriate for the pupil's age.
This bill would make the commencement date of this provision,
instead, January 1, 2012, and would make related changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the After School Education and Safety Program Act of
2002, enacted by initiative statute, establishes the After School
Education and Safety Program to serve pupils in kindergarten and
grades 1 to 9, inclusive, at participating public elementary, middle,
junior high, and charter schools. The existing act provides a
formula for determining an amount to be continuously appropriated
from the General Fund to the State Department of Education for
purposes of the program. Existing law requires applicants for grants
pursuant to the program to certify that the program will provide
opportunities for physical activity.
This bill would specify that those opportunities for physical
activity may include age- and gender-appropriate self-defense and
safety awareness training.
The existing act authorizes the Legislature to amend certain of
its provisions to further its purposes by majority vote of each
house.
This bill would set forth a legislative finding and declaration
that the proposed amendments further the purposes of the existing
act.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120335 of the Health
and Safety Code , as amended by Section 2 of Chapter 434
of the Statutes of 2010, is amended to read:
120335. (a) As used in this chapter, but excluding Section
120380, and as used in Sections 120400, 120405, 120410, and 120415,
the term "governing authority" means the governing board of each
school district or the authority of each other private or public
institution responsible for the operation and control of the
institution or the principal or administrator of each school or
institution.
(b) The governing authority shall not unconditionally admit any
person as a 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 his or her first
admission to that institution he or she has been fully immunized. The
following are the diseases for which immunizations shall be
documented:
(1) Diphtheria.
(2) Haemophilus influenzae type b.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Commencing July 1, 2011, notwithstanding subdivision (b), full
immunization against hepatitis B shall not be a condition by which
the governing authority admits or advances any pupil to the 7th grade
level of any private or public elementary or secondary school.
(d) Commencing July 1, 2011 January 1,
2012 , the governing authority shall not unconditionally admit
or , advance , or allow to
continue to attend classes any pupil to
in the 7th through 12th grade levels, inclusive, of any
private or public elementary or secondary school unless the pupil has
been fully immunized against pertussis, including all pertussis
boosters appropriate for the pupil's age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become inoperative on June 30, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.
(g) The department may adopt emergency regulations to implement
subdivisions (c) and (d) including, but not limited to, requirements
for documentation and immunization status reports, in accordance with
the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The initial adoption of emergency
regulations shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Emergency regulations adopted pursuant to this subdivision
shall remain in effect for no more than 180 days.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to prevent significant educational disadvantages to
students and significant fiscal hardships to schools related to
absenteeism due to the lack of student verification of pertussis
immunization at the start of the 2011-12 school year, it is necessary
that this act take effect immediately.
SECTION 1. Section 8483.3 of the Education
Code, as amended by Section 18 of Chapter 380 of the Statutes of
2006, is amended to read:
8483.3. (a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California.
(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:
(1) Percentage of pupils eligible for free and reduced lunch.
(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may
include arts, career technical education, recreation, technology, and
other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional
environment and opportunities for relationship building, and promote
active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other extended
learning opportunities.
(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity, which may include age-
and gender-appropriate self-defense and safety awareness training.
(8) Inclusion of a nutritional snack.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.
SEC. 2. The Legislature finds and declares that
this act furthers the purposes of the After School Education and
Safety Program Act of 2002.