Bill Text: CA AB1473 | 2023-2024 | Regular Session | Amended
Bill Title: School curriculum: health framework: physical education framework: compression-only cardiopulmonary resuscitation: automated external defibrillators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1473 Detail]
Download: California-2023-AB1473-Amended.html
|
Amended
IN
Assembly
May 01, 2023 |
|
Amended
IN
Assembly
March 23, 2023 |
| Introduced by Assembly Member Maienschein |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the governing board of a school district or the governing body of a charter school that requires a course in health education for graduation from high school to include instruction in performing compression-only cardiopulmonary resuscitation (CPR), as provided. Existing law also encourages those entities to provide to pupils general information on the use and importance of an automated external defibrillator (AED). Existing law further requires the State Department of Education to provide guidance on how to implement these provisions, including, but not limited to, who may provide instruction.
This bill would revise and recast these
provisions by, among other things, instead requiring the governing board of a school district or the governing body of a charter school, as part of a course in health education or physical education that is required for graduation, to, commencing with the 2024–25 school year, provide instruction in performing compression-only CPR and the use of an AED, as provided. If the governing board of the school district or the governing body of the charter school exempts a pupil who participates in a regular school-sponsored interscholastic athletic program from physical education courses, and a health education course is not required for graduation, the bill would require the instruction in performing compression-only CPR and the use of an AED to be provided during one team practice each season. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, commencing with the 2024–25 school year, to provide guidance on how to
implement these requirements, including, but not limited to, who may provide instruction.
The 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.
This 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 33549 is added to the Education Code, immediately following Section 33546, to read:33549.
When the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2024, the commission shall consider increasing content related to instruction in performing compression-only cardiopulmonary resuscitation (CPR) and including content related to instruction in the use of an automated external defibrillator (AED) in that health framework.SEC. 2.
Section 33549.5 is added to the Education Code, to read:33549.5.
When the physical education framework is next revised after January 1, 2024, the commission shall consider including content, as it relates to safety during physical education and athletics, related to instruction in performing compression-only cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) in that physical education framework.(a)The governing board of a school district or the governing body of a charter school, as part of a course in health education or physical education that is required for graduation, shall include, commencing with the 2024–25 school year, instruction in performing compression-only cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED). This instruction shall include both of the following:
(1)An instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of compression-only CPR, such as those developed by the American Heart Association, the American Red Cross, or a similar nationally accredited entity.
(2)Instruction to pupils relative to the psychomotor skills necessary to perform compression-only
CPR or use an AED. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning using CPR and AED training tools associated with the instruction required pursuant to this subdivision.
(b)If the governing board of the school district or the governing body of the charter school exempts a pupil who participates in a regular school-sponsored interscholastic athletic program from physical education courses pursuant to Section 51242, and a health education course is not required for graduation, the instruction in performing
compression-only CPR and the use of an AED required pursuant to subdivision (a) shall be provided during one team practice each season.
(c)Before the commencement of the 2024–25 school year, the department shall provide guidance on how to implement this section, including, but not limited to, who may provide instruction pursuant to this section.
(d)The governing board of a school district or the governing body of a charter school may adopt policies to implement this section.
(e)(1)The governing board of a school district or the governing body of a charter school providing instruction in performing compression-only CPR or the use of an AED pursuant to this section is encouraged to use the most cost-effective means possible to implement that requirement.
(2)This section shall not be construed to require the governing board of a school district or the governing body of a charter school to make any purchases, including, but not limited to, purchasing an AED.
(f)(1)A local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction.
(2)A public employee who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction.
(3)This subdivision shall not be construed to grant immunity from civil damages to any person who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED in a manner that
constitutes gross negligence or willful or wanton misconduct.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
