Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2127


Introduced by Assembly Member Cooley

February 20, 2014


An act to amend Section 49475 of, and to add Section 35179.5 to, the Education Code, relating to interscholastic sports.

LEGISLATIVE COUNSEL’S DIGEST

AB 2127, as amended, Cooley. Interscholastic sports: full-contact practices: concussions and head injuries.

(1) Existing law establishes a system of public elementary and secondary schools operated by local educational agencies throughout this state. Under existing law, public and private secondary schools participate in interscholastic sports, and are authorized to enter into associations or consortia to enact and enforce rules relating to eligibility for, and participation in, these activities. Existing law acknowledges the role of the California Interscholastic Federation in the regulation of interscholastic sports in this state.

This bill would express legislative findings and declarations relating to head injuries sustained by high school pupil-athletes, particularly those who play football. The bill would prohibit high school and middle school football teamsbegin insert of school districts, charter schools, or private schools that elect to offer an athletic programend insert from conducting more thanbegin delete oneend deletebegin insert 2end insert full-contactbegin delete practiceend deletebegin insert practicesend insert, as defined, per week during the preseason and regular season, as defined,begin insert and from exceeding 90 minutes in any single day the full-contact portion of a practice,end insert and completely prohibit full-contact practice during the off-season, as defined. The bill would urge the California Interscholastic Federation to develop and adopt rules to implement this provision.

begin insert

The bill would provide that these provisions do not prohibit the California Interscholastic Federation, an interscholastic athletic league, a school, a school district, or any other appropriate entity from adopting and enforcing rules intended to provide a higher standard of safety for athletes than the standard established under the bill.

end insert

(2) Existing law requires a school district, charter school, or private school, if it offers an athletic program, to immediately remove an athlete from an athletic activity for the remainder of the day if the athlete is suspected of sustaining a concussion or head injury, and prohibits the athlete from returning to the athletic activity until the athlete is evaluated by a licensed health care provider, trained in the management of concussions and acting within the scope of his or her practice, and the athlete receives written clearance from the licensed health care provider to return to the athletic activity. Existing law also requires, on a yearly basis, a concussion and head injury information sheet to be signed and returned by the athlete and athlete’s parent or guardian before the athlete initiates practice or competition.

This bill would provide that an athlete suspected of sustaining a concussion or head injury is prohibited from returning to the athletic activity until the athlete is evaluated by a licensed health care provider, trained in the management of concussions and acting within the scope of his or her practice, and the athlete receives written clearance from the licensed health carebegin delete provider to return to the athletic activity after completion ofend deletebegin insert provider. The bill would further provide that, if the licensed health care provider determines that the athlete sustained a concussion or a head injury, the athlete is required to completeend insert a graduatedbegin delete and supervisedend delete return-to-play protocol of no less than 7 days in durationbegin insert under the supervision of a licensed health care providerend insert. The bill would urge the California Interscholastic Federation to develop and adopt rules and protocols to implement this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

P3    1(a) Concussions and other mild traumatic brain injuries affect
2thousands of California’s high school pupil-athletes each year.
3Many concussions or head injuries go undetected due to a lack of
4recognition of symptoms or intentional underreporting of
5symptoms.

6(b) Most concussions do not involve a loss of consciousness,
7according to the federal Centers for Disease Control and
8Prevention.

9(c) The symptoms of concussions vary, and most symptoms are
10not necessarily specific to concussion. Symptoms may include
11dizziness, sensitivity to light, and loss of consciousness.

12(d) Pupil-athletes who suffer a concussion are more likely to
13suffer an additional concussion than someone who has never been
14concussed.

15(e) Children and adolescents are skeletally immature, and are
16thus more likely to be concussed or suffer a brain injury than adults.

17(f) Many athletes want to keep playing despite a concussion or
18head injury. In a study published by the American Academy of
19Pediatrics in October 2012, 32 percent of high school football
20players reported that they had experienced symptoms of concussion
21but did not pursue medical attention.

22(g) Many high schools lack the standard of care afforded to
23college and professional players. At the collegiate and professional
24level, neurologists and other physicians are available. High schools
25cannot afford this. In California, coaches or athletic trainersbegin delete must
26try to identify a head injury on the sidelinesend delete
begin insert are required to remove
27any player from practice or competition if that player is exhibiting
28signs or symptoms of a concussion or head injuryend insert
.

29(h) Medical experts recommend that the recovery and
30rehabilitation process from a concussion proceed conservatively.
31Experts suggest six stages, which should be supervised, should
32last at least 24 hours each, and that athletes should be prohibited
33from proceeding until they are asymptomatic.begin delete Most athletes are
34symptom-free in 7 to 10 days, but accordingend delete
begin insert Accordingend insert to the
35American Academy of Pediatrics, adolescents suffer from
36post-concussive symptoms longer than adults or college students.

37(i) Researchers agree that there is no way to “condition” the
38brain for hits to the head. Researchers strongly contend that hits
39to the brain should be minimized as much as possible.

P4    1(j) Several academic and scientific studies have asserted that
2the cumulative effects of sub-concussive blows to the brain due
3to football may contribute to long-term brain damage and
4early-onset dementia, including chronic traumatic encephalopathy
5(CTE).

6(k) A Boston University study in 2012 studied the brains of 85
7deceased athletes and military veterans with histories of repeated
8mild traumatic brain injuries. Eighty percent of those studied had
9CTE. Six of the deceased were football players who had not played
10past high school.

11(l) In 2010, a 21-year-old University of Pennsylvania football
12player committed suicide. After a subsequent brain study, he was
13found to have early stages of CTE. The athlete had never been
14diagnosed with a concussion, and had never even complained of
15a headache. Doctors contend that his CTE must have developed
16from concussions he dismissed or from the thousands of
17 sub-concussive collisions he endured while playing football, most
18of which occurred while his brain was still developing.

19(m) Nineteen states have banned off-season full-contact high
20school football practices. California allows each of its 10 sections
21to make its own determination. Several of those sections still allow
22full-contact summer and spring practices.

23(n) Several states have limited full-contact practices during the
24preseason and regular season.

25(o) Marylandbegin delete requiresend deletebegin insert and Connecticut requireend insert that a supervised
26return-to-play protocol be followed in the event of a concussion
27or head injury.

28

SEC. 2.  

Section 35179.5 is added to the Education Code, to
29read:

30

35179.5.  

(a) begin deleteA end deletebegin insert(1)end insertbegin insertend insertbegin insertIf a school district, charter school, or
31private school elects to offer an athletic program, it shall comply
32with all of the following:end insert

33begin insert(A)end insertbegin insertend insertbegin insertAend insert high school or middle school football team shall not
34conduct more thanbegin delete oneend deletebegin insert twoend insert full-contactbegin delete practiceend deletebegin insert practicesend insert per week
35during the preseason and regular season.begin delete Aend delete

begin insert

36 (B) The full-contact portion of a practice shall not exceed 90
37minutes in any single day.

end insert

38begin insert(C)end insertbegin insertend insertbegin insertAend insert high school or middle school football team shall not hold
39a full-contact practice during the off-season.

begin insert

P5    1(2) For purposes of this section, a team camp session shall be
2deemed to be a practice.

end insert

3(b) The California Interscholastic Federation is urged to develop
4and adopt rules to implement this section.

5(c) As used in this section:

6(1) “Full-contact practice” means a practice where drills or live
7begin delete game simulations areend deletebegin insert action isend insert conducted thatbegin delete involve theend deletebegin insert involvesend insert
8 collisionsbegin insert at game speed, where players execute tacklesend insert and other
9activity that is typical of an actual tackle football game.

10(2) “Off-season” means a period extending from the end of the
11regular season until 30 days before the commencement of the next
12regular season.

13(3) “Preseason” means a period of 30 days before the
14commencement of the regular season.

15(4) “Regular season” means the period from the first
16interscholastic football game or scrimmage until the completion
17of the final interscholastic football game of that season.

begin insert

18(d) This section shall not prohibit the California Interscholastic
19Federation, an interscholastic athletic league, a school, a school
20district, or any other appropriate entity from adopting and
21enforcing rules intended to provide a higher standard of safety for
22athletes than the standard established under this section.

end insert
23

SEC. 3.  

Section 49475 of the Education Code is amended to
24read:

25

49475.  

(a) If a school district, charter school, or private school
26elects to offer an athletic program, the school district, charter
27school, or private school shall comply with both of the following:

28(1) An athlete who is suspected of sustaining a concussion or
29head injury in an athletic activity shall be immediately removed
30from the athletic activity for the remainder of the day, and shall
31not be permitted to return to the athletic activity until he or she is
32evaluated by a licensed health care provider who is trained in the
33management of concussions and is acting within the scope of his
34or her practice. The athlete shall not be permitted to return to the
35athletic activity until he or she receives written clearance to return
36to the athletic activity from that licensed health care begin delete provider after
37completion ofend delete
begin insert provider. If a licensed health care provider
38determines that the athlete sustained a concussion or a head injury,
39the athlete shall also completeend insert
a graduatedbegin delete and supervisedend delete
40 return-to-play protocol of no less than seven days in durationbegin insert under
P6    1the supervision of a licensed health care providerend insert
. The California
2Interscholastic Federation is urged to work in consultation with
3the American Academy of Pediatricsbegin insert and the American Medical
4Society for Sports Medicineend insert
to develop and adopt rules and
5protocols to implement this paragraph.

6(2) On a yearly basis, a concussion and head injury information
7sheet shall be signed and returned by the athlete and the athlete’s
8parent or guardian before the athlete initiates practice or
9competition.

10(b) This section does not apply to an athlete engaging in an
11athletic activity during the regular schoolday or as part of a physical
12education course required pursuant to subdivision (d) of Section
1351220.



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