BILL ANALYSIS Ó
AB 320
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Date of Hearing: March 20, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 320 (Nazarian) - As Introduced: February 12, 2013
SUBJECT : Tobacco use programs.
SUMMARY : Requires all school districts and county offices of
education (COEs) to adopt and enforce a tobacco-free campus
policy; and, changes the allocation of funds under the Tobacco
Use Prevention and Education (TUPE) program from average daily
attendance (ADA) to enrollment based funding. Specifically this
bill :
1)Requires all school districts and COEs to prominently display
signs stating "Tobacco use is prohibited" at all entrances to
school property.
2)Specifies the district policy shall prohibit the use of
products containing tobacco and nicotine, including but not
limited to, smokeless tobacco, snuff, chew, clove cigarettes,
nicotine delivery devices, such as electronic cigarettes, any
time, in district-owned or leased buildings, on district
property and in district vehicles and, specifies that this
requirement does not prohibit the use or possession of
prescription products.
EXISTING LAW requires:
1)The California Department of Education (CDE) to develop, in
coordination with the COEs, and administer a competitive grant
program for school-based, anti-tobacco education programs and
tobacco use intervention and cessation activities in order to
reduce the number of pupils who begin to use tobacco, continue
to use tobacco, or both. Specifies that grants shall be
awarded to school districts and COEs for all pupils in grades
6 to 12, inclusive.
2)The CDE to allocate funds to COEs for tobacco use prevention,
intervention, and cessation activities in the amount of
$37,500, if funds are sufficient and, requires any remaining
funds to be allocated according to a calculation based on
average daily attendance (ADA) in the prior year.
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3)That all school districts and COEs that receive TUPE grant
funding:
a) adopt and enforce a tobacco-free campus policy, no later
than July of each fiscal year, prohibiting the use of
tobacco products, any time, in district-owned or leased
buildings, on district property and in district vehicles;
b) prominently display signs stating "Tobacco use is
prohibited" at all entrances to school property; and,
c) provide information about smoking cessation support
programs to students and staff.
FISCAL EFFECT : Unknown
COMMENTS : Background on TUPE : Proposition 99, which was
approved by California voters in November 1988 increased the tax
on each pack of cigarettes by 25 cents. The annual Budget Act
appropriates funds from the Tobacco Tax for several purposes,
including the TUPE program in schools. According to the CDE,
the TUPE program provides funding for programs in grades six
through twelve through a competitive application process for
tobacco-specific student instruction, reinforcement activities,
special events, and intervention and cessation programs for
students. All school districts that are certified as having a
fully implemented tobacco-free school district board policy are
eligible to apply for funding. Programs are locally developed,
but they are expected to align with the federal Principles of
Effectiveness, the recommended California guidelines for tobacco
prevention in Getting Results and the Health Framework for
California Public Schools. Each COE is also eligible to receive
funding through the County Technical Assistance and Leadership
Funds application to assist school districts within their county
in program development, to provide staff development for school
and district personnel, and to provide technical assistance as
needed.
TUPE Funding : According to the CDE, approximately $13 million is
allocated as competitive grants that go directly to school
districts and charter schools. These competitive grants are
funded in two tiers. The first tier of funding is $1,500 per
year for three years and goes to school districts and charter
schools that establish a tobacco-free school policy, complete
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the healthy kids survey and post tobacco free signs on the
school property. The second tier of funding is for school
districts and charter schools that comply with the requirements
under tier one, in addition to implementing a more comprehensive
tobacco-free school policy including cessation programs and
school curriculum. The tier two competitive grants are funded
on an ADA formula which is approximately $18 per pupil for three
years. Additionally, approximately $3 million is allocated to
COEs to assist with the TUPE programs-this funding is allocated
as a base grant of $37,500 and then the rest is allocated based
on ADA. Of this money, approximately $2 million is base grant
funding and the remaining $1 million is allocated based on ADA.
Out of about $16 million total, $14 million ($13 million to
schools, $1 million to COE) is allocated based on ADA.
Need for the Bill : According to the CDE, AB 320 is aimed at
reducing smoking prevalence among youth in California schools.
Currently, only school districts and COEs that receive
Proposition 99 funding are required to adopt and enforce a
tobacco-free campus policy. Because the overall rate of smoking
is declining, there has been a decrease in the amount of
Proposition 99 funding available and a subsequent decrease in
the number of schools that are required to have a tobacco-free
policy. As a result, there is a gap in protection for students
at schools that do not receive Proposition 99 funding. AB 320
would close that gap by requiring that all districts adopt 100%
tobacco-free policies. Additionally, this bill would add
language to the Health and Safety Code to expand the definition
of tobacco products to include electronic cigarettes, snuff,
chew and other forms of smokeless tobacco. Committee staff
recommends the bill be amended to specify that nicotine patches
and nicotine gum are not prohibited from school property.
Tobacco-use is linked to reduced attendance, physical fitness
and learning for youth. In addition, current smokers are more
likely than nonsmokers to engage in alcohol and other drug use,
be involved in violence and gang membership, and experience
school-related problems and disengagement. Schools that
consistently enforce tobacco-free polices have shown decreased
rates of smoking among their students. This bill would improve
student health by eliminating any exposure to tobacco on school
campuses.
According to the author, AB 320 ensures all students are
educated early, about the health risks associated with smoking
and how the habit could potentially jeopardize their success in
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school. Research by the CDC suggests that "smoking can be a
first step toward other substance abuse. Preventing that first
step will reduce the risk that kids will progress to using other
harmful substances."
ADA versus Enrollment based Funding : According to the author,
currently, school districts are allocated funding based on ADA,
which is collected in grade segments (e.g., Grades K-3; 4-6;
7-8; and 9-12). This contrasts with funding for school districts
and COEs under TUPE, which are awarded funds based on ADA in
grades 6-12. The lack of ADA based on individual grades (e.g.,
Grade 6) results in time consuming calculations by grant
applicants and CDE staff to determine ADA for specific grade
levels. This change will simplify the funding calculations for
grant applicants and will reduce CDE workload by approximately
30 hours per year.
Revenue limits (general purpose funding) and virtually all
categorical programs are funded on the basis of ADA, instead of
enrollment. According to data from the CDE, statewide ADA is
about 96% of enrollment, which means the statewide average
absence rate is about 4%. Changing funding from an ADA basis to
an enrollment basis will result in a redistribution of funds
among districts and COEs. With this change districts and
counties whose absence rate is above the state average of 4%
will receive more funding, while districts and counties with an
absence rate that is below the state average will receive less
funding. In order to maintain consistency among virtually all
other programs in the education code, committee staff recommends
the bill be amended to continue to fund the TUPE program based
on ADA.
Tobacco-Free Schools : This bill requires that all school
districts and COEs adopt a tobacco-free school policy in
addition to prominently posting signs at each entrance to the
school grounds. While the requirement is for all school
districts and COEs, regardless of whether they participate in
the TUPE grant program, the bill is drafted to add this new
requirement in the TUPE program code section. In order to make
this separate requirement clearer to districts and COEs across
the state, committee staff recommends the bill be amended to
move the requirement outside the TUPE program code section.
The author's intent is to require all schools to comply with the
tobacco-free school policy, but charter schools are not
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specifically included in this requirement. In order for all
public schools to comply with this requirement, committee staff
recommends the bill be amended to include charter schools.
This bill requires all school districts and COEs to prominently
post signs at each entrance to the school grounds specifying,
"Tobacco use is prohibited." According to CDE, these signs cost
approximately $8 each for metal signs and 45 cents for stickers
that can be placed in windows. While this is an existing
requirement of TUPE grantees, this bill extends this requirement
to all school districts and COEs, regardless of grant
participation. This new requirement will be placed on school
districts and COEs that are not receiving any state funds to
comply. Currently 482 school districts and 8 charter schools
receive TUPE competitive grant funding and therefore already
have a tobacco-free policy and post the required signage at the
entrance to their facilities. This means that of the
approximately 960 school districts in the state, this new
requirement would be unfunded for roughly half of the school
districts across the state. Because these districts could seek
a mandate reimbursement claim instead of seeking a competitive
grant under the TUPE program, the committee may wish to consider
authorizing districts to seek reimbursement for the cost of the
signs through the TUPE program.
Committee Amendments :
1)Move the new tobacco-free campus requirements for school
districts and COEs, that do not participate in the TUPE grant
program, outside the TUPE program code section.
2)Include charter schools in the new tobacco-free campus
requirement, in order to ensure that all public schools
comply.
3)Specify that nicotine patches and nicotine gum are not
prohibited from school property.
4)Continue to fund the TUPE program based on ADA, in order to
maintain consistency in the education code.
REGISTERED SUPPORT / OPPOSITION :
Support
State Superintendent of Public Instruction Tom Torlakson
(Sponsor)
American Federation of State, County and Municipal Employees
American Cancer Society Cancer Action Network
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American Heart Association
American Lung Association in California
Opposition
None on file.
Analysis Prepared by : Chelsea Kelley and Rick Pratt / ED. /
(916) 319-2087