BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2182 (Mullin) - School athletics: neurocognitive testing ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 2182 (Mullin) Page 1 of ? 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. AB 2182 (Mullin) Page 2 of ? 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 AB 2182 (Mullin) Page 3 of ? 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. AB 2182 (Mullin) Page 4 of ? 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. -- END --