BILL ANALYSIS Ó
AB 1118
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1118 (John A. Perez) - As Amended: April 26, 2011
Policy Committee: Education
Vote:6-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the following related to promoting organ
procurement and tissue donation in California schools:
1)Requires the Curriculum Development and Supplemental Materials
Commission (CDSMC) and the State Board of Education (SBE) to
ensure the health framework, adopted in the course of the next
submission cycle, includes the subject of organ procurement
and tissue donation in the instruction provided to pupils in
grades 9-10.
2)Requires a school district, commencing with the 2012-13 school
year, to provide pupils who are enrolled in health classes in
grades 9 and 10 at least 15 minutes of instruction in organ
procurement and tissue donation, as specified.
FISCAL EFFECT
1)Beginning in the 2012-13 fiscal year, GF/98 state reimbursable
mandated costs, likely between $420,000 and $845,000, to
provide 15 minutes of instruction on organ procurement and
tissue donation, as specified.
2)Potential GF/98 state reimbursable mandated costs, of
approximately $900,000, to provide professional development to
health teachers to comply with the requirements of this
measure.
3)Potential GF/98 state reimbursable mandated costs, likely
between $770,000 and $1.5 million, to provide materials
regarding organ procurement and tissue donation to comply with
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the instructional requirement of this measure.
4)Potential GF administrative costs, likely between $200,000 and
$700,000, to the State Department of Education's (SDE) CDSMC
to complete the requirements of this measure. This assumes a
portion or all of the Commission's funding is restored to
complete the development of the health curriculum framework,
as specified. The governor vetoed all GF funding for the
CDSMC in 2009 and funding has not been restored.
COMMENTS
1)Purpose . SB 112 (Spier), Chapter 405, Statutes of 2003,
established a centralized organ and tissue donation registry
for California. As a result of this legislation, the Donate
Life California Organ and Tissue Donor Registry (Donate Life
California), a private, nonprofit, state-authorized registry,
was established with the goal of providing every person
awaiting a transplant access to information that can provide a
match.
According to Donate Life America, there are currently more
than 110,000 people on the UNOS National Organ Transplant
Waiting List. Of these individuals, approximately 20,000
(21%) live in California. As of April 2011, there are
currently 8.2 million people registered with Donate Life
California.
This bill requires a school district, beginning in the 2012-13
school year, to provide pupils in a health class in grade nine
and 10 with 15 minutes instruction about organ procurement and
tissue donation, as specified. Also, this measure requires
the state to update the health curriculum framework with this
information, as specified.
2)Existing law requires the SBE to adopt statewide academically
rigorous content standards in the core curriculum areas. These
content standards are implemented through the curriculum
frameworks, as adopted by SBE. The adopted instructional
materials (IM) must be consistent with the criteria and
standards of quality prescribed in the adopted curriculum
frameworks. The development of curriculum frameworks is a
multi-year process.
In 2002, the SBE adopted the health curriculum framework for
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grades K-12. The current framework does not contain
information related to organ and tissue donation.
Statute also requires the SBE to adopt content standards in
the curriculum area of health education. In March 2008, the
SBE adopted the Health Education Content Standards for grades
K-12. These content standards do not contain information
related to organ and tissue donation.
AB 2 X4 (Evans), Chapter 2, Statutes of 2009, specified that
local education agencies are not required to purchase (IM)
through the 2012-13 fiscal year. Consistent with the
non-purchasing requirement, Chapter 2 also suspended the
requirement for SBE to adopt IM or conduct other procedures
associated with adoption (i.e., adopting curriculum
frameworks) until the 2013-14 school year. SB 70 (Committee
on Budget and Fiscal Review), Chapter 7, Statutes of 2011,
extended this suspension until the 2014-15 FY.
3)Governor's July 2009 budget veto . The CDSMC is an 18-member
advisory board to SBE. Commissioners tend to be recognized
authorities in a specific subject matter, professors,
curriculum experts, K-12 teachers, or community members. The
commission advises SBE on the K-12 curriculum frameworks and
K-8 IM. In doing so, it serves as a kind of intermediary
between the field experts and SBE. The commission holds a
public hearing on a framework after the Subject Matter
Committee hearing and before the SBE hearing on the framework.
In July 2009, the governor vetoed $705,000 GF from SDE's
budget "to capture the maximum amount of savings from the
instructional materials flexibility provided in the Education
trailer bill ÝAB 2 X4] to school districts, which suspends the
adoption of instructional materials by the State Board of
Education (Board) and the subsequent purchasing requirements
for school districts until 2013-14. As a result, it is
unnecessary for the Curriculum Development and Supplemental
Materials Commission to continue to advise the Board on
content frameworks and instructional materials adoptions for
the next five years or until an agreed-upon process is
reestablished. This reduction removes funding for unnecessary
Commission per diem and travel as well as funding for
Department staff."
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4)Previous legislation . SB 552 (Padilla), similar to this
measure, was held on this committee's suspense file in August
2009.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081