BILL ANALYSIS
SB 552
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 552 (Padilla) - As Amended: June 11, 2009
SENATE VOTE : 26-7
SUBJECT : Schools: health education.
SUMMARY : Beginning with the 2010-11 school year, requires
school districts that offer health classes to grade 9 or 10
students to offer at least 15 minutes of instruction on organ
procurement and tissue donation that will be designed to develop
a knowledge of the potentially life-saving achievement involved
in organ and tissue transplantation; requires non-profit organ
procurement organizations, including among others, Donate Life
California, to provide school districts with the information
that will be provided through the required instruction; and,
makes findings and declarations related to organ donation.
EXISTING LAW :
1)Declares Legislative intent that an adequate health education
program in the public schools is essential to continued
progress and improvement in the quality of public health in
this state and that comprehensive health education, taught by
properly trained person, is effective in the prevention of
disease and disability. (Education Code 51881)
2)Defines "comprehensive health education programs" as all
educational programs offered in kindergarten and grades 1 to
12 in the public school system designed to ensure that pupils
will receive instruction to aid them in making decisions in
matters of personal, family, and community health. (Education
Code 51890)
3)Requires the California Department of Education to prepare and
distribute to school districts guidelines for the preparation
of comprehensive health education plans. (Education Code
51900)
4)Requires the State Board of Education to adopt content
standards in the curriculum area of health education, based on
the recommendations of the Superintendent of Public
SB 552
Page 2
Instruction. (Education Code 51210.8)
FISCAL EFFECT : This bill is keyed non-fiscal, however, the
Assembly Appropriations Committee has requested this bill be
referred to them. If this bill is passed by the Assembly
Education Committee it will be referred to the Committee on
Appropriations to consider the fiscal implications.
COMMENTS : This bill requires school districts that offer health
classes to grade 9 or 10 pupils to offer at least 15 minutes of
instruction on organ and tissue donation. The bill also
requires non-profit organ procurement organizations, including
Donate Life California, to provide school districts with the
information that will be provided through the required
instruction.
Electing to be an Organ Donor . Currently, there are two ways to
register as an organ donor in California. First, each
application for a new or renewal driver's license or
identification card provides a place for the applicant to
indicate if he or she wants to be an organ donor. If the person
affirms this desire, the pink donor dot symbol is pre-printed on
the driver's license or identification card. Second, the Donate
Life California website provides a way to register as an organ
donor online.
According to Donate Life California, there are more than 100,000
people on the National Organ Transplant Waiting List, more than
21,000 of whom live in California. Nationwide, approximately 18
people die each day awaiting life-saving organ transplants, and
a new name is added to the national waiting list every 13
minutes. One Organ donor can save up to eight lives and one
tissue donor can improve lives of up to 50 others. Nationwide,
minorities represent 49% of organ transplant candidates and more
than 60% of kidney transplants. In California, Latinos make up
32% of those waiting for life-saving transplants, Asians/Pacific
Islanders 16%, and African Americans another 14%.
Health Education Standards & Graduation Requirements . Neither
the health education standards nor the frameworks include any
information about organ procurement or tissue donation. A
revision of the health education frameworks is currently
scheduled to be completed in 2011. California does not require
the completion of a health course as a condition for graduation
from high school. Districts are authorized to offer health
SB 552
Page 3
education courses to students and may require students to
complete health education coursework as a district graduation
requirement. According to Donate Life California, since 2006,
more than 80 California high schools have voluntarily hosted
organ donation presentations in their classrooms.
A number of recent bills have sought to amend the curriculum
standards and frameworks, and some have required instruction in
a particular subject matter, like this bill requires. Because
the education code is permissive, districts can offer health
education already, and many if not most already do offer health
education in high school. The committee should consider whether
it is appropriate for the Legislature to decide the number of
minutes required for instruction in a specific subject matter.
The committee should also consider whether organ donation should
be included in the 2011 revision of the health frameworks since
they are the blueprint for instruction in health courses across
the state.
What Other States are Doing . Several other states either
require or authorize instruction on organ donation to high
school students in health education courses or students in
driving training courses. These states include Illinois,
Wisconsin, Iowa, New Mexico, Texas, Oklahoma, Minnesota,
Virginia, Arkansas, North Carolina, Indiana, Ohio, Washington,
New Jersey, and Louisiana.
Committee Amendments : The bill requires districts to "offer"
instruction in organ procurement and tissue donation, committee
staff recommends the bill be amended to require districts to
"provide" instruction by including organ donation within the
current definition of "comprehensive health education" programs
in Education Code 51890. Staff also recommends the bill be
amended to require organ procurement and tissue donation be
included in the 2011 revision of the health education
frameworks.
Related legislation : AB 1132 (Jones) from 2009, pending in the
Senate Transportation and Housing Committee, requires the
Department of Motor Vehicles to make information available about
organ donation as part of the online vehicle registration
renewal process.
Previous legislation : AB 1972 (Steinberg) from 2004, was held
on the Assembly Appropriations Suspense File, would have
SB 552
Page 4
required at least 30 minutes of instruction regarding organ and
tissue donation as part of the driver education course
requirement for grades 7-12.
SB 112 (Speier) Chapter 405, Statutes of 2003, authorized organ
procurement organizations to establish an organization known as
the California Organ and Tissue Donation Registrar.
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of Tissue Banks (Sponsor)
Auburn 49er Lions Club
Bellflower Unified School District
Blood Centers of California
California Transplant Donor Network
Donate Life California
Geneva Mission Lions Club
Gift of Hope Organ & Tissue Donor Network
Golden State Donor Services
Harbor Mesa Lions Club
Kentucky Circuit Court Clerks Trust For Life
Legacy Donor Foundation
LifeBanc
Lifeline of Ohio
LifeSource
Lions Club of Los Angeles
OneLegacy
Palos Verdes Peninsula Lions Club
Redlands Evening Lions Club
San Rafael Las Gallinas Lions Club
South San Francisco Golden Gate Lions Club
Temecula Lions Club
The Honorable Tommy Thompson, former U.S. Secretary of Health
and Human Services
Transplant for Life
Visalia Charter Oak Lions Club
Numerous Donor Family Members
Numerous Transplant Recipients
Numerous Individuals
Opposition
None on file.
SB 552
Page 5
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087