Bill Text: CA AB2182 | 2015-2016 | Regular Session | Enrolled
Bill Title: School athletics: neurocognitive testing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB2182 Detail]
Download: California-2015-AB2182-Enrolled.html
BILL NUMBER: AB 2182 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2016
PASSED THE ASSEMBLY JUNE 2, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 13, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Mullin
FEBRUARY 18, 2016
An act to add Section 49475.6 to, and to add and repeal Section
49475.5 of, the Education Code, relating to school athletics.
LEGISLATIVE COUNSEL'S DIGEST
AB 2182, Mullin. School athletics: neurocognitive testing.
(1) Existing law requires a school district, charter school, or
private school, if it offers an athletic program, to immediately
remove an athlete from an athletic activity for the remainder of the
day if the athlete is suspected of sustaining a concussion or head
injury, and prohibits the athlete from returning to the athletic
activity until the athlete is evaluated by a licensed health care
provider, trained in the management of concussions and acting within
the scope of his or her practice, and the athlete receives written
clearance from the licensed health care provider to return to the
athletic activity. Existing law also requires, on a yearly basis, a
concussion and head injury information sheet to be signed and
returned by the athlete and athlete's parent or guardian before the
athlete initiates practice or competition.
This bill would establish the Neurocognitive Testing Pilot Grant
Program to provide grant funding to Title I schools for the purposes
of neurocognitive testing. The bill would require the Superintendent
of Public Instruction to establish an application process for school
districts to apply on behalf of Title I schools interested in
participating in the pilot program. The bill would require grants
under the pilot program to be apportioned to a total of 3 school
districts, comprising one school district in each of the following
regions of the state: southern, central, and northern. A
participating school district would be required to commit to
participating in the pilot program for 4 school years in order to
track pupils tested in grade 9 through completion of high school.
The bill would require that grant funds would be used for baseline
and postinjury neurocognitive testing, as defined, for pupils
attending a Title I school serving any of grades 9 to 12, inclusive,
who participate in interscholastic athletics in any of 12 designated
sports. The bill would require this baseline and postinjury
neurocognitive testing to take place at the beginning of an athletic
season before any competitions have taken place and after any head
injury, and would require that baseline neurocognitive testing be
repeated at intervals not exceeding 24 months for as long as the
athlete is enrolled at the school and participating in one or more of
the 12 sports listed in the bill. The bill would require the
baseline and postinjury neurocognitive testing conducted pursuant to
the bill to be administered by individuals, including, but not
necessarily limited to, employees of a participating school district,
who have been trained to administer these tests.
The bill would also provide that grant funds could be used for
training of personnel and consultation with experts, as specified.
The bill would further provide that, under the pilot program, the
parent or guardian of each athlete participating in any of the 12
interscholastic sports listed in the bill would be notified, in
writing, that the results of baseline and postinjury neurocognitive
testing conducted on his or her child are available to the child's
parent or guardian, or could be shared with the athlete's physician,
upon request.
The bill would also provide that grant funds could be used for
reporting specified data relating to the baseline neurocognitive
testing to the appropriate county office of education. The bill would
require the State Department of Education to submit a report
containing specified information to the appropriate policy committees
of the Legislature on or before December 31, 2021.
These provisions would be contingent upon the appropriation of
funds for their purposes in the annual Budget Act or another statute.
These provisions would be repealed on January 1, 2022.
(2) Existing law provides that, if a licensed health care provider
determines that an athlete sustained a concussion or a head injury
while engaging in an athletic activity, the athlete is required to
complete a graduated return-to-play protocol of no less than 7 days
in duration under the supervision of a licensed health care provider.
This bill would require a school district, charter school, or
private school that offers an interscholastic athletic program to
collect and maintain data on traumatic brain injuries and concussions
sustained by any of its pupils during an interscholastic athletic
activity. The bill would require that this data be reported
periodically to the appropriate county office of education, and would
require the county office of education to compile and retain the
data for summary and analysis as it deems necessary. By imposing new
duties on county offices of education, the bill would impose a
state-mandated local program.
(3) 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49475.5 is added to the Education Code, to
read:
49475.5. (a) The Neurocognitive Testing Pilot Grant Program is
hereby established to provide grant funding to Title I schools for
the purposes of neurocognitive testing.
(b) The Superintendent shall establish an application process for
school districts to apply on behalf of Title I schools interested in
participating in the pilot program. Grants shall be apportioned under
the pilot program to a total of three school districts, which shall
comprise one school district in each of the following regions of the
state: southern, central, and northern. Each school district shall
commit to participating in the pilot program for four school years in
order to track pupils tested in grade 9 through completion of high
school. Grant funding shall be used for the following:
(1) (A) Baseline and postinjury neurocognitive testing of pupils
attending a Title I school serving any of grades 9 to 12, inclusive,
participating in interscholastic athletics in any of the following
sports:
(i) Baseball.
(ii) Basketball.
(iii) Cheerleading.
(iv) Field hockey.
(v) Football.
(vi) Ice hockey.
(vii) Lacrosse.
(viii) Rugby.
(ix) Soccer.
(x) Softball.
(xi) Volleyball.
(xii) Wrestling.
(B) The baseline and postinjury neurocognitive testing conducted
pursuant to this subdivision shall take place at the beginning of an
athletic season before any competitions have taken place and after
any head injury, and baseline testing shall be repeated at intervals
not exceeding 24 months for as long as the athlete is enrolled at the
school, provided that the athlete is still participating in one or
more of the 12 sports listed in subparagraph (A). The baseline and
postinjury neurocognitive testing conducted pursuant to this
subdivision shall be administered by individuals who have been
trained to administer these tests. These individuals may include, but
are not necessarily limited to, employees of a participating school
district.
(2) Postinjury neurocognitive testing of an athlete who is
suspected of sustaining a concussion or head injury in an
interscholastic athletic activity. Postinjury neurocognitive tests
shall be conducted within 72 hours of the occurrence of the injury.
(3) Training of personnel or to consult with experts on the
interpretation of postinjury test results. The parent or guardian of
each athlete participating in any of the sports listed in paragraph
(1) shall also be notified, in writing, that the results of baseline
and postinjury neurocognitive testing conducted on his or her child
are available to the child's parent or guardian upon request. These
neurocognitive testing results may also be shared with the athlete's
physician upon the request of the athlete's parent or guardian.
(4) Reporting to the county office of education data that includes
an overview of the baseline neurocognitive testing conducted for
each of the sports listed in paragraph (1), and an overview of
normal, abnormal, and followup postinjury neurocognitive tests. The
data shall also include the number of athletes who discontinue
participation in the sport following a concussion and postinjury
testing.
(c) For purposes of this section, "neurocognitive testing" means a
comprehensive evaluation of a person's cognitive status by specific
neurologic domains, including, but not necessarily limited to,
memory, attention, problem solving, language, visuospatial,
processing speed, motor, and emotion.
(d) (1) The department shall, based on the data collected by the
county offices of education located in the area of participating
school districts, prepare a report including, but not necessarily
limited to, all of the following information:
(A) The number of athletes who received the baseline tests.
(B) The number of athletes who received the postinjury tests.
(C) The number of athletes who had taken the tests and
discontinued participation in any of the sports set forth in
subdivision (b) due to concussion injuries.
(2) The report prepared pursuant to this subdivision shall be
submitted to the appropriate policy committees of the Legislature on
or before December 31, 2021, and shall comply with Section 9795 of
the Government Code.
(e) This section is contingent upon the appropriation of funds for
its purposes in the annual Budget Act or another statute.
(f) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 2. Section 49475.6 is added to the Education Code, to read:
49475.6. A school district, charter school, or private school
that elects to offer an interscholastic athletic program shall
collect and maintain data on traumatic brain injuries and concussions
sustained by any of its pupils during an interscholastic athletic
activity. This data shall be reported periodically to the appropriate
county office of education, but the names of the injured pupils
shall be kept confidential. The county office of education shall
compile and retain the data for summary and analysis as it deems
necessary.
SEC. 3. 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.
