BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 709|
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THIRD READING
Bill No: AB 709
Author: Brownley (D)
Amended: 4/6/11 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/22/11
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent) - See last page
for vote
SUBJECT : School enrollment immunization records for
foster youth
SOURCE : Author
DIGEST : This bill clarifies that foster youth must be
immediately enrolled in a school even if the pupil is
unable to produce his/her immunization records prior to
enrollment.
ANALYSIS :
Existing 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
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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.
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/she has been fully immunized against the following
diseases:
A. Diphtheria.
B. Haemophilus influenzae type b.
C. Measles.
D. Mumps.
E. Pertussis (whooping cough).
F. Poliomyelitis.
G. Rubella.
H. Tetanus.
I. Hepatitis B.
J. Varicella (chickenpox).
K. Any other disease deemed appropriate by the
Department of Health Services.
L. Beginning July 1, 2011, for pupils in grades 7-12,
pertussis including all boosters.
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/her beliefs. A pupil
may also be exempt if the parent or guardian provides a
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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.
This bill clarifies that foster youth must be immediately
enrolled in a school even if the pupil is unable to produce
his/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
immediately enrolled in and allowed to attend school
even if he/she is unable to produce records normally
required for school enrollment.
Comments
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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/11)
Advancement Project
California Communities United Institute
California Court Appointed Special Advocates Association
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
ASSEMBLY FLOOR : 78-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Gorell
CPM:kc 6/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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