BILL ANALYSIS �
AB 25
Page 1
ASSEMBLY THIRD READING
AB 25 (Hayashi)
As Amended May 27, 2011
Majority vote
--------------------------------
| | |
--------------------------------
EDUCATION 9-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Brownley, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Buchanan, Butler, Carter, | |Blumenfield, Bradford, |
| |Eng, Halderman, Wagner, | |Charles Calderon, Campos, |
| |Williams | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires a school district that elects to offer
athletics, to implement a concussion and head injury
identification process; and, requires compliance with this
process from all organizations the district authorizes to use
school facilities for recreational purposes under the Civic
Center Act (CCA). Specifically, this bill requires:
1)School districts to comply with both of the following if they
elect to offer an athletic program, and specifies that the
following do not apply to an athlete engaging in an athletic
activity during the regular schoolday or as part of a required
physical education course:
a) An athlete who is suspected of sustaining a concussion
or head injury in an athletic activity shall be immediately
removed from the activity for the remainder of the day, and
shall not be permitted to return to the activity until he
or she is evaluated and receives written clearance by a
licensed health care provider, trained in the management of
concussions, acting within the scope of his or her
practice; and,
b) On a yearly basis, a concussion and head injury
information sheet shall be signed and returned by the
athlete and the athlete's parent or guardian prior to the
AB 25
Page 2
start of the athlete's season of practice or competition.
2)Organizations that utilize school district facilities under
the CCA for recreational activities, to sign a statement of
compliance with the same policies for the management of
concussion and head injury that school districts must follow,
before school districts can authorize them to use their
facilities.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)General Fund/ Proposition 98 (GF/98) costs, of at least
$150,000, to school districts to develop a concussion/head
injury policy for grades K-12, as specified. 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.
2)GF administrative costs to the California Department of
Education (CDE), of approximately $50,000, to ensure school
districts are complying with requirements of this bill, as
specified.
3)Potential increased liability costs in the tens to hundreds of
thousands to school districts regarding compliance with the
CCA requirements in this bill. Current law requires schools
to be liable for any injuries resulting from the negligence of
the district 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
provides a statement of compliance regarding a concussion/head
injury policy for athletes.
COMMENTS : Concussions have serious immediate and long-term
effects. This bill requires that an after school student
athlete and their parent or guardian sign and return a
concussion and head injury information sheet on a yearly basis
prior to the start of the athletic season. This bill also
requires that after school student athletes suspected of having
a concussion are evaluated by a medical professional before
returning to practice, play, or competition. The bill requires
that all participants of youth recreational activities that take
AB 25
Page 3
place on school district grounds through the CCA are aware of
signs and symptoms of a concussion and that they comply with the
same medical professional evaluation procedures.
CIF Policy: Current CIF policy ensures student-athletes do not
return to practice or competition until evaluated by a
healthcare professional; however, this only covers about one
million students between 14-18 years old. The bill widens this
policy to include the three million students between 6-14 years
old playing youth sports.
Coaches training: The bill creates the preventive measure of
requiring coaches and supervisors to be aware of athletes who
they suspect of having sustained a concussion or head injury and
to remove them from practice or games to undergo evaluation by a
doctor. The bill however, does not require coaches to receive
training in identifying signs of concussion or head injury.
Previous legislation such as AB 1646 (Hayashi) of 2010 included
mandated training for coaches in concussion and head injury.
CIF's coaches training program under the High School Coaching
Education and Training Program does not currently include
instruction on concussions. CIF currently offers a free online
concussion training course for coaches where they receive an
immediate printed certification upon completion. Of the 67,929
coaches in California, 1,714 have taken the online course. The
Assembly should consider whether coaches will know the signs of
a concussion if they do not receive training on concussion
symptoms.
Civic Center Act (CCA): The CCA details conditions for the use
of school district facilities by groups and organizations. The
CCA also specifies the liability for use of school facilities to
both school districts and groups and organizations. Under the
CCA, districts are responsible for liability as it relates to
the maintenance of the school grounds whereas the outside groups
are responsible for liability during the use of the facilities.
This bill requires school districts to collect forms stating
compliance with the policies for the management of concussion
and head injury in athletics from any group using school
facilities or grounds for recreational purposes. Some districts
receive and process a high volume of requests for use of their
facilities. What would happen if even one of these forms were
misplaced or is not collected, by accident? It is unclear
whether additional liability, beyond what exists in statute,
AB 25
Page 4
would fall on districts if someone is injured and the compliance
form is misplaced or not collected.
Other state laws: According to information provided by the
authors' staff, this bill is modeled after recently enacted
legislation in Washington State which requires all athletes
under the age of 18 who are suspected of having a concussion to
get written consent from a licensed medical provider trained in
evaluating a concussion before returning to play. The
Washington State law also requires organizations to show proof
of insurance before being allowed to use school district
facilities. The Assembly should consider whether requiring
proof of insurance is necessary.
Analysis Prepared by : Tania Herrera and Chelsea Kelley / ED.
/ (916) 319-2087
FN: 0001102