BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 709
AUTHOR: Brownley
AMENDED: April 6, 2011
FISCAL COMM: No HEARING DATE: June 22, 2011
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : School enrollment: immunization records for foster
youth.
SUMMARY
This bill clarifies that foster youth must be immediately
enrolled in a school even if the pupil is unable to produce
his or her immunization records prior to enrollment.
BACKGROUND
Current law:
1) Requires a school to immediately enroll a foster child
even if the foster child has outstanding fees, fines,
textbooks, or other items or moneys due to the school
last attended or is unable to produce records or
clothing normally required for enrollment, such as
previous academic records, medical records, and proof of
residency, other documentation, or school uniforms.
(Education Code � 48853.5)
2) Prohibits the governing authority of a school from
unconditionally admitting any pupil of any private or
public elementary or secondary school, child care
center, day nursery, nursery school, family day care
home, or development center, unless prior to admission
he or she has been fully immunized against the following
diseases:
a) Diphtheria.
b) Haemophilus influenzae type b.
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c) Measles.
d) Mumps.
e) Pertussis (whooping cough).
f) Poliomyelitis.
g) Rubella.
h) Tetanus.
i) Hepatitis B.
j) Varicella (chickenpox).
aa) Any other disease deemed appropriate by the
Department of Health Services.
bb) Beginning July 1, 2011, for pupils in grades
7-12, pertussis including all boosters. (Health &
Safety Code � 120335)
3) Exempts from immunization requirements pupils whose
parent or guardian files with the governing authority of
a school a letter or affidavit stating that the
immunization is contrary to his or her beliefs. A pupil
may also be exempt if the parent or guardian provides a
written statement from a licensed physician to the
effect that the physical condition of the child is such,
or medical circumstances relating to the child are such,
that immunization is not considered safe. (H&SC �
120365)
ANALYSIS
This bill clarifies that foster youth must be immediately
enrolled in a school even if the pupil is unable to produce
his or her immunization records prior to enrollment.
Specifically, this bill:
1) Specifically includes "records or other proof of
immunization history" as medical records in relation to
the immediate enrollment of foster youth.
2) Makes a conforming change to the Health and Safety Code
to clearly require schools to admit foster youth whose
immunization records are unavailable or are missing.
3) States legislative intent that foster youth be
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immediately enrolled in and allowed to attend school
even if he or she is unable to produce records normally
required for school enrollment.
STAFF COMMENTS
Need for the bill . The Health and Safety Code and the
related regulations allow for an exemption from the
requirement that a pupil be fully immunized prior to
enrollment in school for a pupil whose parent submits an
affidavit stating that the immunizations are contrary to the
pupil's beliefs or for a pupil whose parent submits a
statement from a physician indicating that a particular
immunization is not considered safe for the child. However,
the regulations do not mention the existing allowable
exemption for pupils in foster care whose records are missing
or cannot be produced, as stipulated in the Education Code.
The inconsistencies between the two different Codes appear to
be leading to confusion in the field relative to the
application of these laws, and foster youth continue to
encounter barriers to enrollment when their immunization
records are missing. This bill seeks to reconcile the two
Codes and thus remove any unnecessary barriers and delays
foster youth may encounter enrolling in school.
SUPPORT
Advancement Project
California CASA Association
California Communities United Institute
California State Association of Counties
County Welfare Directors Association
Kern County Superintendent of Schools
Los Angeles County Office of Education
National Association of Social Workers, California Chapter
National Center for Youth Law
Paramount Unified School District
Public Counsel
OPPOSITION
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None on file.