BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1719 (Rodriguez) - Pupil instruction: cardiopulmonary
resuscitation
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|Version: June 22, 2016 |Policy Vote: ED. 9 - 0, JUD. 7 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill requires school districts and charter
schools serving students in grades 9 through 12 to offer
instruction in compression-only cardiopulmonary resuscitation
(CPR) as part of a required course, commencing in the 2018-19
school year.
Fiscal
Impact:
Unknown costs, but potentially in the low millions for school
districts and charter schools to implement CPR instruction.
Costs will depend on how they choose to implement this
instruction. School districts would be able to claim for
reimbursement of their costs as this instruction is likely to
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result in a state reimbursable mandate. Whether or not school
districts already provide this instruction, all school
districts operating grades 9 through 12 will be eligible to
submit a claim for reimbursement. Some school districts may
be able to secure private funding or equipment or materials
which would likely count as offsetting some or all of the
district's costs related to the new state mandate. See staff
comments. (Proposition 98)
The California Department of Education (CDE) estimates
one-time costs of $32,000 General Fund related to a partial
position to provide the required guidance on the
implementation of CPR instruction.
Background: Existing law:
1)Establishes high school graduation requirements, including
three years in English, two years in math, and two years of
physical education, and permits school districts to establish
graduation requirements which exceed those required by the
state. (Education Code § 51225.3)
2)Requires, through the adopted course of study, that schools
provide instruction at the appropriate grade levels on
personal and public safety and accident prevention, including
emergency first aid instruction, instruction in hemorrhage
control, treatment for poisoning, resuscitation techniques,
and CPR when appropriate equipment is available. (Education
Code § 51202)
3)Provides that no person certified to teach CPR by the American
Red Cross or the American Heart Association, and no local
agency, entity of state or local government, or other public
or private organization which sponsors, authorizes, supports,
finances, or supervises the training of citizens in
cardiopulmonary resuscitation can be held liable for any civil
damages alleged to result from such training programs. (Civil
Code § 1714.2)
4)Provides that a person or entity who provides CPR training to
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a person who renders emergency care is not liable for any
civil damages resulting from any acts or omissions of the
person rendering the emergency care. (Civil Code § 1714.21)
Proposed Law:
This bill requires, beginning with the 2018-19 school year,
the governing board of a school district, and the governing
board of a charter school, offering instruction to students in
grades 9 through 12 to provide instruction in performing
compression-only CPR as part of a course offered in any of
grades 9 through 12 that is required for the course of study in
grades 7 through 12 or that is a local high school graduation
requirement.
The instruction is required to be provided one time and include
the following:
An instructional program based on national evidence-based
emergency cardiovascular care guidelines for the performance
of compression-only CPR, as specified.
Instruction to students relative to psychomotor skills
necessary to perform compression-only CPR.
The CDE is required to provide guidance on implementing this
instruction before the beginning of the 2017-18 school year.
This bill authorizes the governing board of a school district or
the governing board of a charter school to provide to students
general information on the use and importance of an automated
external defibrillator (AED). It also encourages the governing
board of a school district or governing board of a charter
school to provide information in performing compression-only CPR
or information on the use of an AED in the most cost-effective
means possible.
This bill provides that a public employee that facilitates the
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instruction or the local agency, entity of state or local
government, or other public or private organization that
sponsors, authorizes, supports, finances, or supervises the
instruction of students in compression-only CPR or the use of an
AED is not liable for any civil damages alleged to result from
the acts or omissions of an individual who received such
instruction. This immunity from civil damages exists except in
a manner that constitutes gross negligence or willful or wanton
misconduct.
Related
Legislation: AB 1748 (Mayes, 2016) authorizes LEAs to provide
an emergency opioid antagonist to school nurses or trained
personnel to administer an opioid antagonist to a person
suffering from an opioid overdose. It also provides for various
legal immunities, as specified. AB 1748 is pending in this
committee.
Staff
Comments: Though this bill states that it shall not be
construed to require the governing board of a school district or
the governing body of a charter school to make any purchases, it
would be very difficult for a school to implement new
instruction without purchasing instructional material and
equipment. It would be especially difficult to satisfy the
requirement that the instruction include psychomotor skills
necessary to perform compression-only CPR. Therefore school
districts and charter schools will likely have to purchase
instructional material and equipment to implement a meaningful
course. It is unclear whether the Commission on State Mandates
would deem this activity reimbursable.
Ultimately, costs to implement this bill will depend upon how
school districts and charter schools choose to implement this
new instruction. Language in the bill suggests the use of
instructional programs based on certain guidelines, such as
those developed by the American Heart Association. The American
Heart Association offers "CPR in Schools Training Kits" which
covers CPR, choking relief, and AED skills designed for about 15
students at once. The kit includes such things as mini
inflatable manikins, "practice-while-watching" training DVDs, a
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facilitator guide, a lesson plan and pre- and post-tests, and
AED training simulators at a cost of $714.
According to CDE there are about 1.9 million students enrolled
in grades 9 through 12, which averages 487,439 per grade.
Assuming 30 students to a class, each class required two kits,
and each teacher taught five classes (total of 3,249 teachers),
statewide costs for the CPR kits would be about $4.6 million.
This estimate does not include any new staff a school might need
to hire as a result of this bill. This estimate also assumes
that instruction could be completed in one class period.
In addition school districts would likely be allowed to claim
for reimbursement related to prepping to teach CPR training and
actually delivering the instruction. Assuming two hours to
prepare and one hour to administer the course, the cost would
exceed $1 million.
Staff notes that with the funding enacted in the 2016-17 Budget
Act to pay down owed mandate claims the estimated outstanding
debt is estimated to be $1.6 billion by the end of the current
budget year.
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