BILL ANALYSIS �
AB 25
Page 1
Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 25 (Hayashi) - As Amended: March 25, 2011
Policy Committee: Education
Vote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires a school district that elects to offer an
athletic program to implement a concussion/head injury
identification process and requires compliance with this process
by all organizations the district authorizes to use their school
facilities under the Civic Center Act (CCA), as specified.
Specifically, this bill:
1)Requires an athlete who is suspected of sustaining a
concussion or head injury in an athletic activity to be
immediately removed from the activity for the remainder of the
day and prohibited from returning until he or she is evaluated
by a licensed health care provider, as specified. This
measure also prohibits an athlete from returning to the
activity until he or she receives written clearance from the
same licensed health care provider.
2)Requires, on an annual basis, an athlete and his or her
parent/guardian to sign and return a concussion/head injury
information sheet prior to the athlete's initiating practice
or competition.
3)Requires organizations providing supervised recreational
activities on school facility grounds pursuant to the CCA to
provide a statement of compliance with the policies for the
management of concussion/head injuries, as referenced above.
FISCAL EFFECT
1)GF/98 costs, of at least $150,000, to school districts to
develop a concussion/head injury policy for grades K-12, as
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specified. The majority of these costs would be on-time time,
but there would be on-going costs for record keeping duties.
Currently, school districts with grades 9-12 that participate
in California Interscholastic Federation (CIF) sports are
required to adhere to a similar CIF policy. This bill,
however, applies to all school districts.
Even though school districts participating in CIF sports
adhere to a similar policy, there is a potential for them to
file a state mandate claim for the development of the policy
and on-going record keeping associated with the requirements
of this bill. These GF/98 costs would be in the range of
$150,000 to $200,000 and in addition to the costs referenced
above.
2)GF administrative costs to the State Department of Education
(SDE), of approximately $50,000, to ensure school districts
are complying with requirements of this bill, as specified.
If this measure applies to a student participating in an
athletic activity during the school day, such as physical
education or recess, the SDE's costs would likely increase.
3)Potential increased liability costs in the tens to hundreds of
thousands of dollars to school districts regarding compliance
with the CCA requirements in this bill. Current law requires
school districts to be liable for any injuries resulting from
the negligence in the ownership and maintenance of their
facilities or grounds. This bill requires school districts to
ensure any organization using their facilities under the CCA
provide a statement of compliance regarding a concussion/head
injury policy for athletes. This requirement expands the
liability issues for school districts to potentially include
the injury of an athlete if the organization does not comply
with the concussion/head injury policy, as proposed in this
measure.
COMMENTS
1)Purpose . There are an estimated 136,000 sports-related
concussions that occur among high school athletes in the
United States each school year. In December 2010, the
American Journal of Sports Medicine published a study
revealing the most common symptom reported by concussed
athletes was a headache (94%), followed by dizziness or
unsteadiness (75%), difficulty concentrating (57%), and
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confusion or disorientation (46%). The data concluded these
symptoms were resolved within one week for most athletes
(83%). The study also reported that computerized
neuropsychological testing was used to evaluate 26% of the
athletes after they were injured and these athletes were less
likely to return to play within a week of their injury in
comparison to untested athletes. According to William Meehan
II, MD, director of the Sports Concussion Clinic at Children's
Hospital, Boston, co-author of the study, "computerized
neuropsychological testing can be an important resource in the
management of sports-related concussion. However, it is
important to remember that it should never be used alone to
determine if an athlete is ready to return to play. The
results of neuropsychological testing should be used in
conjunction with a trained medical care professional's
analysis of concussion signs and symptoms to determine when
the athlete is ready to return to activity."
This bill requires a school district that elects to offer an
athletic program, to implement a concussion/head injury
identification process and requires compliance with this
process by all organizations the district authorizes to use
their school facilities under the CCA.
2)Does this bill apply to athletes participating in an athletic
activity during the school day ? The bill requires an athlete
who is suspected of sustaining a concussion or head injury in
an athletic activity to be immediately removed from the
activity for the remainder of the day. Does a school district
need to enforce this policy in a situation where a student
athlete is participating in a basketball game as part of a
physical education class or on the playground during recess?
Under this measure, it is conceivable that a district would
need to adhere to the proposed concussion policy in this
situation. The author may wish to clarify this issue.
3)Existing law establishes the CCA, which governs the use of
school facilities by outside organizations, including the Boy
Scouts, Girl Scouts, parent-teacher organizations, and
religious organizations. Specifically, the CCA authorizes the
governing board of a school district to grant the use of
school facilities for supervised recreational activities
including, but not limited to, sports league activities for
youth. This bill requires organizations providing these
activities to provide a statement of compliance with the
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policies for the management of concussion/head injuries, as
specified in this measure.
Under the CCA, school districts are liable for any injuries
resulting from the negligence of the district in the ownership
and maintenance of their facilities or grounds. Likewise,
existing law states any group using the school facilities or
grounds is liable for any injuries resulting from the
negligence of that group during the use of the facilities or
grounds. School districts and groups are required to bear the
cost of insuring against its respective risks and any costs
associated with defending itself against claims arising from
those risks.
4)California Interscholastic Federation (CIF) policy . The CIF,
established in 1914, is a voluntary organization consisting of
school and school-related personnel with responsibility for
administering interscholastic athletic activities in grades
9-12. It is accountable to the governing boards of school
districts and other local agencies. In 2010, approximately
1,508 public, private, and charter schools were members of
CIF. Of this number, 1,096 schools are public, including
charter schools. In 2009, a total of 736,727 students
(438,561 boys and 298,166 girls) participated in athletics
through this organization.
On May 7, 2010, the State CIF Federated Council passed Bylaw
313, which requires a signed medical release before a
student-athlete who is suspected to have sustained a
concussion can return to play. Specifically, Bylaw 313
states: "a student-athlete who is suspected of sustaining a
concussion or head injury in a practice or game shall be
removed from competition at that time for the remainder of the
day. A student-athlete who has been removed from play may not
return to play until the athlete is evaluated by a licensed
health care provider trained in the evaluation and management
of concussion and receives written clearance to return to play
from that health care provider."
The concussion policy requirements in this measure are the
same as CIF's bylaw, with the exception that this bill applies
to grades K-12 and the bylaw only applies to grades 9-12.
Likewise, CIF also offers a free-online twenty minute class
entitled Concussion in Sports: What You Need to Know.
According to CIF, of the 67,929 coaches in California, 1,714
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(3%) have taken this class.
5)Non-fiscal bill . This bill is keyed non-fiscal, however, the
committee requested this measure because of the potential
costs incurred by the majority of school districts in the
state to develop a concussion policy and the potential state
costs to enforce district compliance with this measure.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081