BILL ANALYSIS Ó
AB 2182
Page 1
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2182 (Mullin) - As Amended April 13, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill establishes a four-year Neurocognitive Testing Pilot
Grant Program (pilot program), starting in the 2017-18 school
year, for school districts to conduct testing of students in
grades 9-12 that participate in interscholastic sports. Separate
from the pilot program, this bill also requires a school
district, charter school or private school that elects to offer
AB 2182
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an interscholastic athletic program, to collect and maintain
data on traumatic brain injuries and concussions sustained
during activity. Specifically, this bill:
1)Requires the California Department of Education (CDE) to
develop pilot program applications for school districts
willing to commit to participate in the program for four
school years in order to track pupils tested in grade 9
through completion of high school.
2)Requires grant funds, contingent upon an appropriation in the
annual Budget Act, to be used to conduct baseline
neurocognitive testing and post injury testing of pupils
attending grades 9 to 12, inclusive, participating in the
following interscholastic sports: baseball; basketball;
cheerleading; field hockey; football; ice hockey; lacrosse;
rugby; soccer; softball; volleyball; and wrestling. Grant
funding can also be used to train personnel, notify parents of
testing, and report data to the county office of education
(COE), as specified.
3)Requires the CDE, using data collected by the COEs, to report
on the number of athletes who received baseline tests and
post-injury tests, and the number of athletes who discontinued
participation in sports due to concussion injuries. Requires
this report to be submitted to the Legislature on or before
December 31, 2021.
4)Repeals the program on January 1, 2022.
5)Requires a school district, charter school, or private school
that elects to offer an interscholastic athletic program, to
collect and maintain data on traumatic brain injuries and
concussions sustained by any of its pupils during an
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interscholastic athletic activity. Requires this data to be
reported periodically to the appropriate COE, keeping the
names of the injured confidential. Requires the COE to compile
and retain the data for summary and analysis as it deems
necessary.
6)Defines "neurocognitive testing" as a comprehensive evaluation
of a person's cognitive status by specific neurologic domains,
including, but not necessarily limited to, memory, attention,
problem solving, language, visuospatial, processing speed,
motor, and emotion.
FISCAL EFFECT
1)Unknown Proposition 98/GF cost pressures, potentially in the
hundreds of thousands of dollars, to fund the pilot program.
The program is contingent upon an appropriation in the budget
act. The Governor's January budget does not contain funding
for this program and the legislative budget subcommittees have
not considered this proposal.
2)General Fund costs to the CDE of approximately $264,000 to
administer the grant program for four years. The CDE would be
required to develop, implement, monitor, collect and analyze
data, and prepare reports to the Legislature on the findings
for each grant awarded.
3)Unknown, potentially reimbursable Proposition 98/GF state
mandated costs, likely in the thousands of dollars, for COEs
to compile and retain data for summary and analysis, as the
COE deems necessary.
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COMMENTS:
1)Purpose. According to the author, from 2002 to 2012, the
number of reported sports-related concussions among student
athletes doubled. This increase in reported concussions is
attributed to various factors, including greater awareness and
recognition of TBIs. However, research shows that it is likely
that self-reported concussion symptoms are under diagnosed,
which may lead athletes to return to play prematurely. The
author hopes that broader neurocognitive testing will assist
in the evaluation of individual injuries and identify the
incidence of sport-related concussions among young athletes.
2)Background. Neurocognitive testing is used to evaluate brain
processing in a variety of neurological functions related to
memory, attention, language, emotion and other areas. Testing
can be conducted with pencil and paper, or with computerized
testing. Testing can be used as a baseline to gauge an
athlete's condition post-injury relative to performance before
injury. As such, it can be a factor in making decisions as to
whether and when an athlete should return to activity and what
kinds of activity may be safe for that athlete.
This bill stems in part from events in the author's district,
where some school districts in San Mateo County have sought
stronger protections for student athletes and have, in some
cases, paid for neurocognitive testing. The San Mateo County
Civil Grand Jury studied the issue and recommended, among
other things, that all districts in the county serving high
school students provide neurocognitive testing for all student
athletes, and recommended that the districts seek funding and
collect data.
AB 2182
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The Legislature has taken action in recent years to address
the issue of sports related concussions. Current 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
student athlete is suspected of sustaining a concussion or
head injury. Current law also prohibits the student 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 the student athlete receives
written clearance from the licensed health care provider to
return to the activity. Existing law also requires that a
concussion and head injury information sheet be signed and
returned by the athlete and the athlete's parent or guardian
before the athlete begins practice or competition. This sheet
must be signed and turned in annually. Additionally, existing
law provides that, if a licensed health care provider
determines that an athlete sustained a concussion or head
injury while engaging in athletic activity, the athlete is
required to complete a graduated return-to-play protocol under
the supervision of a licensed health care provider. This
protocol is to last no less than seven days.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081