BILL ANALYSIS Ó
AB 1967
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1967 (John A. Perez) - As Amended: April 9, 2012
SUBJECT : Pupil instruction: health education: organ and tissue
donation.
SUMMARY : Requires the Curriculum Development and Supplemental
Materials Commission (CDSMC) and the State Board of Education
(SBE) to ensure the health and science frameworks, adopted in
the course of the next submission cycle include the subject of
organ procurement and tissue donation.
EXISTING LAW :
1)Declares Legislative intent that an adequate health education
program in the public schools is essential to continued
progress and improvement in the quality of public health in
this state and that comprehensive health education, taught by
properly trained person, is effective in the prevention of
disease and disability. (Education code 51881)
2)Defines "comprehensive health education programs" as all
educational programs offered in kindergarten and grades 1 to
12 in the public school system designed to ensure that pupils
will receive instruction to aid them in making decisions in
matters of personal, family, and community health. (Education
code 51890)
3)Requires the State Board of Education to adopt content
standards in the curriculum area of health education, based on
the recommendations of the Superintendent of Public
Instruction. (Education code 51210.8)
4)Requires the State Board of Education (SBE) to adopt revised
science content standards by July 30, 2013, as specified.
(Education code 60605.85)
5)Requires a pupil to complete at least the following numbers of
courses in the subjects specified, each course having a
duration of one year, while in grades 9 to 12, inclusive, in
order to receive a diploma of graduation from high school:
i) Three courses in English.
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ii) Two courses in mathematics.
iii) Two courses in science, including biological
and physical sciences.
iv) Three courses in social studies, including
United States history and geography; world history,
culture, and geography; a one-semester course in American
government and civics; and a one-semester course in
economics.
v) One course in visual or performing arts, foreign
language, or, commencing with the 2012-13 school year,
career technical education. (Education code 51225.3)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, for a similar bill, potential General Fund (GF)
administrative costs, likely between $200,000 and $700,000, to
the State Department of Education's 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 : This bill requires the Curriculum Development and
Supplemental Materials Commission (CDSMC) and the State Board of
Education (SBE) to ensure the health and science frameworks,
adopted in the course of the next submission cycle include the
subject of organ procurement and tissue donation.
Electing to be an Organ Donor . Currently, there are two ways to
register as an organ donor in California. First, each
application for a new or renewal driver's license or
identification card provides a place for the applicant to
indicate if he or she wants to be an organ donor. If the person
affirms this desire, the pink donor dot symbol is pre-printed on
the driver's license or identification card. Second, the Donate
Life California website provides a way to register as an organ
donor online.
According to Donate Life California, there are more than 100,000
people on the National Organ Transplant Waiting List, more than
21,000 of whom live in California. Nationwide, approximately 18
people die each day awaiting life-saving organ transplants, and
a new name is added to the national waiting list every 13
minutes. One Organ donor can save up to eight lives and one
tissue donor can improve lives of up to 50 others. Nationwide,
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minorities represent 49% of organ transplant candidates and more
than 60% of kidney transplants. In California, Latinos make up
32% of those waiting for life-saving transplants, Asians/Pacific
Islanders 16%, and African Americans another 14%.
Health Education Standards & Graduation Requirements . Neither
the health education standards nor the frameworks include any
information about organ procurement or tissue donation. The
health curriculum framework was scheduled to be revised to align
it to the 2008 health standards but due to the fiscal situation
in the State and resulting budget actions, the development of
curriculum frameworks and adoption of instructional materials
has been suspended until the 2015-16 school year. AB 2 X4
Chapter 2, Statutes of 2009-10, Fourth Extraordinary Session
prohibits the SBE from adopting or following any of the
procedures to adopt instructional materials, including following
the procedures related to framework development, through the
2012-13 school year. The recently enacted education budget
trailer bill, SB 70 (Budget Committee) Chapter 7, Statutes of
2011, extends this prohibition to the 2015-16 school year. The
revision and adoption of a health framework may be several years
away given the existing fiscal challenges.
Despite the delay in the adoption of a health framework, the
committee should consider whether it is important to include
organ and tissue donation in the next revision of the health
framework. California does not require the completion of a
health course as a condition for graduation from high school.
Districts are authorized to offer health education courses to
students and may require students to complete health education
coursework as a district graduation requirement. According to
Donate Life California, since 2006, more than 80 California high
schools have voluntarily hosted organ donation presentations in
their classrooms.
A number of recent bills have sought to amend the curriculum
standards and frameworks, and some have required instruction in
a particular subject matter, like this bill requires. Because
the education code is permissive, districts can offer health
education already, and many if not most already do offer health
education in high school.
Science Education Standards & Graduation Requirements . The
science education standards nor the frameworks include
information about organ procurement or tissue donation. SB 300
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(Hancock), Chapter 624, Statutes of 2011, requires the science
curriculum standards to be revised by July 30, 2013, so there
may be a revision of the standards in the near future. The
science curriculum framework was scheduled to be updated in 2010
but due to the fiscal situation in the state and resulting
budget actions, the development of curriculum framework and
adoption of instructional materials has been suspended until the
2015-16 school year (as noted above). The revision and adoption
of a science framework may be several years away given the
existing fiscal challenges.
High school students are required to complete two years of
science as a graduation requirement. It is unclear, however,
which science disciplines are most appropriate for a discussion
on organ procurement or tissue donation. For example, it may be
appropriate in a biology class, but may not be appropriate in a
physics or chemistry course. Therefore, the committee should
consider whether to amend the bill to clarify that the science
framework should have this topic included, as appropriate.
What Other States are Doing . Several other states either
require or authorize instruction on organ donation to high
school students in health education courses or students in
driving training courses. These states include Illinois,
Wisconsin, Iowa, New Mexico, Texas, Oklahoma, Minnesota,
Virginia, Arkansas, North Carolina, Indiana, Ohio, Washington,
New Jersey, and Louisiana.
Committee Amendment : Staff recommends the bill be amended to
clarify that the subject of organ procurement and tissue
donation be included in the science framework as appropriate, so
that it is clear that not all science disciplines must have this
topic included in the framework.
Arguments in Support : Intermountain Donor Services supports the
bill and argues, "The goal of AB 1967 is to educate California
students about the importance of organ and tissue donation so
that they are able to make informed decisions about registering
as organ and tissue donors when asked this mandatory question on
their DMV driver license/ID application form. Better education
about organ and tissue donation will lead to increasing the
number of donor registrations, with the result that the lives of
more Californians can be saved and healed through organ and
tissue transplants."
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Arguments in Opposition : California Right to Life opposes the
bill and argues, "AB 1967 is based on the findings that there
are 21% Californians on the organ waiting list and only 18% of
drivers identifying themselves as organ or tissue donors.
Students are a captive audience, and they should not be impacted
by an emotionally presented curriculum. When students do
qualify for their drivers' licenses, they will have adequate
time to make informed choices and consider becoming Ýan organ or
tissue donor]. There may be moral or ethical reasons why a
student chooses not to participate in this program."
Previous legislation : SB 300 (Hancock), Chapter 624, Statutes of
2011, requires the State Board of Education (SBE) to adopt
revised science content standards by July 30, 2013, as
specified.
AB 1118 (John A. Pérez) from 2011, which was held on the
Assembly Appropriations Suspense file, would have required 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.
Further it would have required 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.
SB 552 (Padilla) from 2009, which was held on the Assembly
Appropriations Suspense file, required a school district,
beginning with the 2010-11 school year, that offers health
classes to grade nine and ten pupils to provide at least 15
minutes of instruction on organ procurement and tissue donation.
AB 1132 (Jones) from 2009, which was vetoed by the Governor,
required the Department of Motor Vehicles to make information
available about organ donation as part of the online vehicle
registration renewal process. The Governor vetoed the bill with
the following message:
"While I fully support the Donate Life program, this bill
would cap the amount the Department of Motor Vehicles can
recover for its administrative costs under the program and
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removes the flexibility of the Department to cover its
future costs as inflation and other expenditures increase."
AB 1972 (Steinberg) from 2004, was held on the Assembly
Appropriations Suspense File, would have required at least 30
minutes of instruction regarding organ and tissue donation as
part of the driver education course requirement for grades 7-12.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Association of California School Administrators
Blood Centers of California
California Medical Association
California Transplant Donor Network
Donate Life California
Donate Life Florida
Intermountain Donor Services
Lifeline of Ohio
National Organization for Renal Disease
New York Alliance for Donation
OneLegacy
Renal Support Network
Sierra Donor Services
University of Wisconsin Organ Procurement Organization
Many individuals
Opposition
California Right to Life
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087