BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2182 (Mullin) - School athletics:  neurocognitive testing
          
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          |Version: May 31, 2016           |Policy Vote: ED. 9 - 0          |
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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, contingent upon an appropriation,  
          establishes the Neurocognitive Testing Pilot Grant Program to  
          provide funds to Title I schools for neurocognitive testing.  As  
          part of the pilot program, this bill requires school districts,  
          charter schools, and private schools that elect to offer sports  
          programs to collect and maintain data on traumatic brain  
          injuries and concussions sustained during these activities.


          Fiscal  
          Impact:  
           Unknown cost pressure to implement this pilot as costs would  
            depend on the size of the school districts awarded.  Costs  
            likely in the tens of thousands to low hundreds of thousands  







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            annually, unless the Los Angeles Unified School District is  
            awarded, which would increase costs to about $2 million.
           The California Department of Education (CDE) estimates costs  
            of about $252,000 spanning across several positions over the  
            life of the pilot for start-up activities, administering the  
            program, and the reporting requirement if the program were to  
            be funded.  (General Fund)
           Cost pressure, potentially in the hundreds of thousands, for  
            all school districts and charter schools that offer an  
            interscholastic athletic program to collect, maintain, and  
            report data on traumatic brain injuries and concussions.   
            Potential minor reimbursable state mandate costs for county  
            offices of education to compile and retain the data.   
            (Proposition 98)
           Significant cost pressure to the extent the pilot is funded,  
            to subsequently expand it statewide.  See staff comments.   
            (Proposition 98)


          Background:  The growing awareness of concussion dangers has led the state  
          to enact a series of bills to protect students.  Existing law  
          requires a school that offers an athletic program to immediately  
          remove an athlete from athletic activity for the remainder of  
          the day if he or she is suspected of sustaining a concussion or  
          head injury and prohibits the athlete's return until written  
          clearance is provided by a licensed health care provider.  If  
          the athlete sustained a concussion, the athlete is required to  
          complete a graduated return-to play protocol of no less than  
          seven days under the supervision of a health care provider.   
          Existing law also requires a concussion and head injury  
          information sheet to be signed by the athlete's parent before  
          participation in athletic activity.  Some California  
          Interscholastic Federation (CIF) sections have limits on  
          full-contact practice.  Finally, state law requires each high  
          school sports coach to complete training regarding the  
          identification of concussions.
          Neurocognitive testing is used to evaluate brain processing and  
          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.









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          A few school districts in San Mateo County have sought stronger  
          protections for student athletes and have, in some cases, paid  
          for computerized 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. 


          According to the author's office, this bill is intended to  
          generate data to better understand the frequency and  
          consequences of head injuries among young athletes.




          Proposed Law:  
            This bill, contingent upon funding provided in the annual  
          budget act or other statute, establishes the Neurocognitive  
          Testing Pilot Grant Program to provide grant funding to Title I  
          schools (schools with high numbers or high percentages of  
          children from low-income families) for neurocognitive testing.   
          This program is scheduled to sunset on January 1, 2022.
          This bill requires the CDE to establish an application process  
          for school districts to apply on behalf of Title I schools  
          interested in participating in the pilot program.  If funded,  
          grant awards would go to three school districts, one in each of  
          the northern, central, and southern areas of the state.  Each  
          school district is required to participate in the pilot program  
          for four years in order to track students in grade 9 through the  
          completion of high school.


          Grant funding is required to be used for the following  
          activities:


           Baseline and post injury neurocognitive testing of students  
            participating in specified sports.  The baseline testing is  
            required to take place at the beginning of an athletic season  
            and must be repeated at intervals not exceeding 24 months.   
            The testing is required to be administered by individuals who  








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            have been trained to administer the tests.


           Post injury neurocognitive testing of an athlete who is  
            suspected of sustaining a concussion or head injury in an  
            interscholastic athletic activity and must be conducted within  
            72 hours of the injury.


           Training of personnel or to consult with experts on the  
            interpretation of post injury test results.  Parents of the  
            students participating in the specified sports are required to  
            be notified that the results of the baseline and post injury  
            neurocognitive testing conducted on their children are  
            available upon request.


           Reporting to the county office of education data that includes  
            an overview of the baseline neurocognitive testing conducted  
            for each of the specified sports and an overview of normal,  
            abnormal, and follow up post injury neurocognitive tests.  The  
            data are also required to include the number of students who  
            discontinue participation in the sport following a concussion  
            and post injury testing.


          Based on information collected from county offices of education,  
          the CDE is required to prepare a report including, but not  
          limited to: (1) the number of athletes who received the baseline  
          and the post injury tests, and (2) the number of students that  
          have taken the tests and discontinued participation in sports  
          due to concussion injuries.  The report is required to be  
          submitted to the Legislature by December 31, 2021.


          Outside of the pilot program, this bill provides that a school  
          district, charter school, or private school that elects to offer  
          an interscholastic athletic program is required to collect and  
          maintain data on traumatic brain injuries and concussions  
          sustained by any of its students during an athletic activity.   
          The data are required to be reported periodically to the  
          appropriate county office of education.  The county office of  
          education is required to compile and retain the data for summary  
          and analysis as it deems necessary.








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          Staff  
          Comments:  Costs of this pilot program will depend on the size  
          of the school districts awarded since the numbers of schools  
          within a school district vary significantly.  Most schools will  
          qualify for grant funding as about 88 percent of schools in the  
          state are Title I schools.  Neurocognitive testing can be  
          provided through companies through a variety of payment schemes.  
           Charges can range from $1 to $7.50 per test or can be offered  
          on a flat rate.  Assuming a school district would contract with  
          a company to conduct testing and a flat rate per school of  
          $1,800 most school districts operating grades 9 through 12 would  
          incur costs in the tens of thousands to hundreds of thousands  
          depending on the number of schools in the school district.   
          However, for Los Angeles Unified School District, with about 800  
          high schools and over 200 charter schools, costs would be about  
          $1.8 million to perform required neurocognitive testing.  
          If this pilot were to be expanded statewide, to include about  
          2,000 high schools (including charter schools) in the state,  
          costs would be about $3.6 million to conduct testing annually.  




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