AB 2706,
as amended, Roger Hernández. begin deleteSewers. end deletebegin insertSchools: health care coverage.end insert
Existing law requires the governing board of a school district to make rules for the physical examination of pupils that will ensure proper care of the pupils and proper secrecy with regard to any defect noted. Existing law allows the parent or legal guardian having control or charge of any child enrolled in a public school to annually file a statement in writing, signed by the parent or legal guardian, that he or she will not consent to an examination of his or her child. Existing law requires a pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, to present proof, no later than May 31 of the school year, of having received an oral health assessment by a licensed dentist or other licensed or registered dental health professional operating within his or her scope of practice that was performed no earlier than 12 months prior to the date of the initial enrollment of the pupil.
end insertbegin insertExisting law, the federal Patient Protection and Affordable Care Act (PPACA), requires an applicable individual to ensure that he or she, and any dependent of that individual, is covered under minimum essential coverage for each month beginning after 2013.
end insertbegin insertThis bill would require a parent or legal guardian of a pupil enrolling in transitional kindergarten, kindergarten, or first grade, to make a written disclosure stating whether the pupil is covered by health care coverage that constitutes minimum essential coverage under PPACA. The bill would require the parent to provide proof of the pupil’s health care coverage and would require a school district to make a reasonable effort to direct the parent or legal guardian of a pupil who is not covered by minimum essential coverage under PPACA to the necessary resources to obtain that coverage. The bill would require a public school to provide a specified written notice to the parent regarding the use of this information. The bill would authorize the State Department of Education to develop a standardized template for this written disclosure and would require the department to make the template available on its Internet Web site and provide written copies to a school district upon request.
end insertbegin insertBy requiring schools and school districts to perform additional duties, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law prohibits a person from discharging sewage or other waste, or the effluent of treated sewage or other waste, in any manner that will result in contamination, pollution, or a nuisance.
end deleteThis bill would make a technical, nonsubstantive change to this provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 49452.9 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) Commencing with the 2015-16 school year, upon
2first enrollment of a pupil into transitional kindergarten,
3kindergarten, or first grade in a public school, including a charter
4school, the parent or legal guardian of the pupil shall make a
5written disclosure stating whether the pupil is either of the
6following:
7(1) Covered by health care coverage. The parent or legal
8guardian shall provide proof of this coverage and indicate one of
9the following:
10(A) He or she believes that this coverage constitutes minimum
11essential coverage under Section 5000A of the federal Internal
12Revenue Code.
13(B) He or she is not sure
whether this coverage constitutes
14minimum essential coverage under Section 5000A of the federal
15Internal Revenue Code.
16(2) Not covered by health care coverage that constitutes
17minimum essential coverage under Section 5000A of the federal
18Internal Revenue Code. The parent or legal guardian shall disclose
19whether he or she believes that the pupil is exempt from the
20requirement under Section 5000A of the federal Internal Revenue
21Code to maintain minimum essential coverage.
22(b) A public school shall provide a written notice to the parent
23or legal guardian making the disclosure required under subdivision
24(a) that the information provided will only be used for the purpose
25of determining whether the parent or legal guardian of a pupil
26should be directed to other resources for the purpose of obtaining
27health care coverage for the pupil. This requirement shall be
28deemed satisfied if the
school uses the template developed under
29subdivision (e).
30(c) With respect to a pupil who, according to the disclosure
31under subdivision (a), may not be covered by health care coverage
32that constitutes minimum essential coverage under Section 5000A
33of the federal Internal Revenue Code, the school district shall make
34a reasonable effort to direct the parent or legal guardian of the
35pupil to the resources necessary to obtain affordable health care
36coverage for the pupil that constitutes minimum essential coverage
37under Section 5000A of the federal Internal Revenue Code.
38(d) A school district shall not discriminate against a pupil who
39does not have health care coverage or prevent a pupil from
P4 1enrolling based on the pupil’s lack of health care coverage or
2inability to provide proof of health care coverage.
3(e) The State
Department of Education may develop a
4standardized template for the written disclosure required by this
5section. If the department develops that template, the department
6shall make the template available on its Internet Web site and
7shall, upon request, provide written copies of the template to a
8school district. A template developed pursuant to this subdivision
9shall include a statement indicating that the information disclosed
10shall only be used for the purpose of determining whether a parent
11or legal guardian of a pupil should be directed to other resources
12for the purpose of obtaining health care coverage for the pupil.
If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.
Section 5411 of the Health and Safety Code is
19amended to read:
No person shall discharge sewage or other waste, or the
21effluent of treated sewage or other waste, in any manner that will
22result in contamination, pollution, or a nuisance.
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