BILL ANALYSIS
AB 1154
Page 1
Date of Hearing: April 20, 2005
ASSEMBLY COMMITTEE ON EDUCATION
Jackie Goldberg, Chair
AB 1154 (La Suer) - As Amended: March 29, 2005
SUBJECT : School districts: excused absences
SUMMARY : Prohibits school authorities from excusing any pupil
from the school for any reason without consent of the pupil's
parent or guardian and deletes the existing notice requirements.
EXISTING LAW authorizes a minor to obtain various medical,
dental, mental health, and counseling services without the
consent of his or her parent or guardian and requires the
governing board of a school district to notify pupils and the
parents or guardians of those pupils that school authorities may
excuse a pupil from school to obtain confidential medical
services without that consent. Existing law authorizes a school
district to include that notice with any other notice made to a
parent or guardian of a pupil pursuant to existing law.
FISCAL EFFECT : Unknown
COMMENTS : Prior legislation .
AB 2084 (Briggs) of 2002 restricted school officials from
allowing a pupil enrolled in kindergarten or any grades 1 to 12,
inclusive, from leaving the school campus before the end of the
school day for any reason without the written permission of the
pupil's parents.
AB 558 (Briggs) of 2001, was identical to AB 2084, and failed
passage on a vote of 5-7 and was granted reconsideration in the
Assembly Education Committee on April 18, 2001. The bill failed
passage a second time in this committee on January 17, 2002,
again, on a vote of 5-7.
Arguments in support . According to the author, "Current law
states that schools may adopt a policy of excusing children as
young as 12 years old from school during classroom hours for the
purpose of accessing confidential medical services without
parental notification or consent. The problem is that parents
are often shocked when they learn that their children have been
excused from school in order to receive medical and/or
AB 1154
Page 2
counseling services without their notification or consent. This
provision of law turns parents and schools into adversaries -
not partners; it cultivates an environment of distrust and
suspicion among those people who should be jointly involved with
the health and safety of children. AB 1154 will not violate
existing law, which allows children to access confidential
medical services; it merely prevents excusing children during
schools hours for any purpose without parental involvement. AB
1154 is designed to ensure the protection of children during
school hours and strengthen the bond of trust between parents
and schools."
Arguments in opposition . According to the California School
Nurses Association, "Currently, California law (Family Code
Sections 6920-6929) authorizes a minor to obtain various
medical, dental, mental health, and counseling services without
the consent of his or her parent or guardian. California law
does require the governing board of a school district to notify
pupils and parents or guardians of those pupils that school
authorities may excuse a pupil from school to obtain
confidential medical services without that consent. This bill
would delete the current notice requirement in Ed Code and would
deny minors the rights granted to them under that section of the
Family Code, if they were to try to receive such services during
the school day. Students seek such services for a variety of
reasons. School nurses, when they are present in a school or
district, always work with the student, to strongly encourage
parental participation. However, there unfortunately are
instances where the participation and/or notification of a
parent will be detrimental to a student's health and well-being.
Sadly, there are instances where it is the issue or actions of
the parent themselves that cause a student to seek help for
depression, for drug and alcohol counseling, pregnancy
counseling or many other services. It is the Attorney General's
opinion that schools and parents do not have the right to
prevent a student from such an appointment."
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference
California Family Alliance (sponsor)
Concerned Women for America
Individual
AB 1154
Page 3
Opposition
American Civil Liberties Union
American College of Obstetricians and Gynecologists
California Family Health Council
California Federation of Teachers
California School Nurses Organization
Planned Parenthood Affiliates of California
Planned Parenthood of Santa Barbara, Ventura & San Luis Obispo
Counties, Inc.
Analysis Prepared by : Misty Padilla / ED. / (916) 319-2087