BILL NUMBER: AB 2706	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to  amend Section 5411 of the Health and Safety
Code, relating to sanitation.   add Section 49452.9 to
the Education Code, relating to health care coverage. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2706, as amended, Roger Hernández.  Sewers. 
 Schools: health care coverage.  
   Existing law requires the governing board of a school district to
make rules for the physical examination of pupils that will ensure
proper care of the pupils and proper secrecy with regard to any
defect noted. Existing law allows the parent or legal guardian having
control or charge of any child enrolled in a public school to
annually file a statement in writing, signed by the parent or legal
guardian, that he or she will not consent to an examination of his or
her child. Existing law requires a pupil, while enrolled in
kindergarten in a public school, or while enrolled in first grade in
a public school if the pupil was not previously enrolled in
kindergarten in a public school, to present proof, no later than May
31 of the school year, of having received an oral health assessment
by a licensed dentist or other licensed or registered dental health
professional operating within his or her scope of practice that was
performed no earlier than 12 months prior to the date of the initial
enrollment of the pupil.  
   Existing law, the federal Patient Protection and Affordable Care
Act (PPACA), requires an applicable individual to ensure that he or
she, and any dependent of that individual, is covered under minimum
essential coverage for each month beginning after 2013.  
   This bill would require a parent or legal guardian of a pupil
enrolling in transitional kindergarten, kindergarten, or first grade,
to make a written disclosure stating whether the pupil is covered by
health care coverage that constitutes minimum essential coverage
under PPACA. The bill would require the parent to provide proof of
the pupil's health care coverage and would require a school district
to make a reasonable effort to direct the parent or legal guardian of
a pupil who is not covered by minimum essential coverage under PPACA
to the necessary resources to obtain that coverage. The bill would
require a public school to provide a specified written notice to the
parent regarding the use of this information. The bill would
authorize the State Department of Education to develop a standardized
template for this written disclosure and would require the
department to make the template available on its Internet Web site
and provide written copies to a school district upon request. 

   By requiring schools and school districts to perform additional
duties, this bill would impose a state-mandated local program. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law prohibits a person from discharging sewage or other
waste, or the effluent of treated sewage or other waste, in any
manner that will result in contamination, pollution, or a nuisance.
 
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
 yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 49452.9 is added to the 
 Education Code   , to read:  
   49452.9.  (a) Commencing with the 2015-16 school year, upon first
enrollment of a pupil into transitional kindergarten, kindergarten,
or first grade in a public school, including a charter school, the
parent or legal guardian of the pupil shall make a written disclosure
stating whether the pupil is either of the following:
   (1) Covered by health care coverage. The parent or legal guardian
shall provide proof of this coverage and indicate one of the
following:
   (A) He or she believes that this coverage constitutes minimum
essential coverage under Section 5000A of the federal Internal
Revenue Code.
   (B) He or she is not sure whether this coverage constitutes
minimum essential coverage under Section 5000A of the federal
Internal Revenue Code.
   (2) Not covered by health care coverage that constitutes minimum
essential coverage under Section 5000A of the federal Internal
Revenue Code. The parent or legal guardian shall disclose whether he
or she believes that the pupil is exempt from the requirement under
Section 5000A of the federal Internal Revenue Code to maintain
minimum essential coverage.
   (b)  A public school shall provide a written notice to the parent
or legal guardian making the disclosure required under subdivision
(a) that the information provided will only be used for the purpose
of determining whether the parent or legal guardian of a pupil should
be directed to other resources for the purpose of obtaining health
care coverage for the pupil. This requirement shall be deemed
satisfied if the school uses the template developed under subdivision
(e).
   (c) With respect to a pupil who, according to the disclosure under
subdivision (a), may not be covered by health care coverage that
constitutes minimum essential coverage under Section 5000A of the
federal Internal Revenue Code, the school district shall make a
reasonable effort to direct the parent or legal guardian of the pupil
to the resources necessary to obtain affordable health care coverage
for the pupil that constitutes minimum essential coverage under
Section 5000A of the federal Internal Revenue Code.
   (d) A school district shall not discriminate against a pupil who
does not have health care coverage or prevent a pupil from enrolling
based on the pupil's lack of health care coverage or inability to
provide proof of health care coverage.
   (e) The State Department of Education may develop a standardized
template for the written disclosure required by this section. If the
department develops that template, the department shall make the
template available on its Internet Web site and shall, upon request,
provide written copies of the template to a school district. A
template developed pursuant to this subdivision shall include a
statement indicating that the information disclosed shall only be
used for the purpose of determining whether a parent or legal
guardian of a pupil should be directed to other resources for the
purpose of obtaining health care coverage for the pupil. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 5411 of the Health and
Safety Code is amended to read:
   5411.  No person shall discharge sewage or other waste, or the
effluent of treated sewage or other waste, in any manner that will
result in contamination, pollution, or a nuisance.