Bill Text: CA AB95 | 2009-2010 | Regular Session | Amended
Bill Title: Student athletes: recruiting: disclosure.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB95 Detail]
Download: California-2009-AB95-Amended.html
BILL NUMBER: AB 95 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2009
INTRODUCED BY Assembly Member Torlakson
JANUARY 6, 2009
An act to amend Section 49430.5 of the Education Code,
relating to school meals, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
An act to add Section 67365 to the Education Code, relating to
student athletes.
LEGISLATIVE COUNSEL'S DIGEST
AB 95, as amended, Torlakson. School meals:
reimbursement. Student athletes: recruiting:
disclosure .
Existing law prohibits any person from giving, offering,
promising, or attempting to give any money or any other thing of
value to any particular student athlete or member of the immediate
family of the student athlete for purposes of inducing or encouraging
the student athlete's application, enrollment, or attendance at a
public or private institution of postsecondary education in order to
have the athlete participate in intercollegiate sporting events,
contests, exhibitions, or programs at that institution, except in
accordance with the bylaws of the National Collegiate Athletic
Association, as specified.
This bill would require a collegiate athletic recruiter
representing a postsecondary educational institution in the State of
California or outside the State of California to provide California
student athletes in elementary, junior high, high school, or college
with certain information relating to the college athletic program
within one week of initiating personal contact with the student
athlete for purposes of athletic recruiting. The bill, commencing
January 1, 2011, would require any scholarship offer to be made in
writing within one week of a verbal offer and prior to a student
athlete signing an athletic scholarship agreement with a
postsecondary educational institution. The written agreement would be
required to include specified information relating to the
institution's athletic program.
Existing law requires each school district or county
superintendent of schools maintaining kindergarten or any of grades 1
to 12, inclusive, to provide for each needy pupil one free or
reduced-price meal during the schoolday, as specified. Existing law
establishes the reimbursement rate a school receives for free and
reduced price meals sold or served to pupils.
This bill would specify that, if the Superintendent of Public
Instruction determines that the appropriation set forth in the Budget
Act of 2008-09 is insufficient to fully fund all free and reduced
price meal reimbursement claims, the State Department of Education
shall notify the Legislature of the statutory funding amount
necessary to reimburse school districts at the prescribed rate. The
bill would appropriate $19,500,000 to reimburse claims pursuant to
those provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67365 is added to the
Education Code , to read:
67365. (a) For purposes of this section, the following
definitions shall apply:
(1) "Collegiate athletic recruiter" means any individual
representing a postsecondary educational institution in the State of
California or outside the State of California for purposes of
soliciting student athletes to apply, enroll, or attend the
institution in order to have the athlete participate in
intercollegiate sporting events, contests, exhibitions, or programs
at that institution.
(2) "Student athlete" means an individual in an elementary, junior
high, high school, or postsecondary educational institution who
participates in any interscholastic athletic program in California,
including an individual who receives scholarship funds for his or her
athletic participation and an individual who does not receive
scholarship funds for his or her athletic participation.
(3) "Personal contact" means any direct, individualized contact
made by a collegiate athletic recruiter for purposes of athletic
recruiting with a student athlete or his or her family members,
including, but not limited to, telephone calls, personalized mail,
in-person contact, or e-mail.
(4) "Verbal agreement" means an agreement between a student
athlete and a representative from a collegiate athletic program, not
memorialized in writing, relating to the student athlete's commitment
to apply, enroll, or attend the postsecondary educational
institution in order to have the athlete participate in
intercollegiate sporting events, contests, exhibitions, or programs
at that institution, either for scholarship money or not for
scholarship money.
(b) Commencing January 1, 2011, within one week of any personal
contact with a student athlete for purposes of recruiting the student
athlete for a collegiate interscholastic athletic program, the
collegiate athletic recruiter shall provide in writing to the student
athlete all of the following information:
(1) A description of the medical insurance policies that affect
student athletes, including, but not limited to, terms of eligibility
for medical insurance coverage, covered conditions and events,
medical premiums, copayments, deductibles, maximum benefits, and the
process for obtaining independent medical opinions.
(2) The total sum of medical payments, including, but not limited
to, deductibles and copayments, that the postsecondary educational
institution did not pay for sports-related injuries incurred by
members of each athletic team in each of the last four years.
(3) Any scheduling conflict between the mandatory classes in
majors offered at the postsecondary educational institution, and the
schedule of the athletic team for which the student athlete is being
recruited, as well as the athletic program's policy for how the
conflict is resolved.
(4) The number of student athletes in each academic major.
(5) The number of student athletes who changed majors, and the
names of the original majors.
(6) Each athletic team's policy concerning the criteria for the
renewal or nonrenewal of an athletic scholarship, including
circumstances in which a student athlete suffers a temporary or
permanent sports-related injury, there is a coaching change, or a
student athlete's athletic performance is deemed to be below
expectations.
(7) The average percent of decrease in the dollar amount of a
renewed one-year athletic scholarship for a temporarily injured and a
permanently injured student athlete on each athletic team for the
previous four years.
(8) The number and percentage of student athletes on each athletic
team whose scholarships were not renewed in each of the previous
four years.
(9) The number of and rate at which student athletes with
remaining athletic eligibility did not return to each athletic team
in the previous four years.
(10) The number of and rate at which student athletes from any
athletic team with remaining athletic eligibility transferred to
another school.
(11) The number of student athletes from any athletic team who
were denied an intercollegiate transfer request in the previous four
years.
(12) The average length of time it took to grant an
intercollegiate transfer request for any student athlete from any
athletic team in the previous four years.
(13) The sum of expenses included in the cost of attending the
postsecondary educational institution that are not included in a full
grant-in-aid athletic scholarship for the current year and previous
three years.
(14) A summary of the intercollegiate athletic program's use of
funds that may be used toward assisting student athletes with
expenses that are not included in a full grant-in-aid scholarship.
(15) The average monthly payment received for an on-campus and
off-campus full scholarship student athlete enrolled in classes in
each sport during the regular academic and summer sessions in each of
the last four years.
(16) The results of an anonymous annual student athlete survey
concerning student athletes' opinions about the safety of their
workout environment, academic support, and their coaches.
(17) The number of rescinded written scholarship offers for each
athletic team in each of the previous four years.
(18) Institutional policies that may restrict the athletic
eligibility of a student athlete who wishes to transfer to another
postsecondary educational institution.
(19) The number of full-scholarship student athletes on each
athletic team who enrolled in summer school in each of the previous
four years.
(c) Commencing January 1, 2011, any scholarship offer shall be
made in writing within one week of a verbal offer and prior to a
student athlete signing an athletic scholarship agreement with a
postsecondary educational institution. The written offer shall
include at least all of the following information:
(1) Any specific academic qualifications that will guarantee the
student athlete's enrollment in the postsecondary educational
institution.
(2) A description of the medical insurance policies that will
affect the student athlete, including, but not limited to, terms of
eligibility for medical insurance coverage, covered conditions and
events, medical premiums, copayments, deductibles, maximum benefits,
and the process for obtaining independent medical opinions.
(3) Each athletic team's policy and standard practices concerning
the criteria for the renewal or nonrenewal of an athletic
scholarship, including circumstances in which a student athlete
suffers a temporary or permanent sports-related injury, there is a
coaching change, or a student athlete's athletic performance is
deemed to be below expectations.
(4) The number and percentage of student athletes on the team
whose scholarship was not renewed in each of the previous four years.
(5) Which expenses, if any, will be paid for by an athletic grant
or scholarship, including summer school expenses.
(6) Expense items included in the cost of attendance that will not
be paid for by the postsecondary educational institution, including
summer school expenses.
(7) A summary of the intercollegiate athletic program's use of
funds that may be used toward assisting student athletes with
expenses that are not included in a full grant-in-aid athletic
scholarship.
(8) Which, if any, meals the intercollegiate athletic program
regularly makes available during the regular academic year and during
the summer.
(9) The average monthly deduction, if any, that is deducted from a
full-scholarship student athlete's payment to pay for meals that the
intercollegiate athletic program regularly makes available during
the regular academic year.
(10) The terms and the amount of any death benefit provided by the
postsecondary educational institution in case of sports-related
death.
(11) Whether or not an athletic scholarship offer will expire.
(d) Nothing in this section shall be construed to require a
postsecondary educational institution to revise athletic scholarship
contracts entered into prior to the effective date of this bill.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Despite California's commanding role in food cultivation and
production, over five million Californians are hungry, experience
food insecurity, or live in fear of hunger, and many of these
Californians are children.
(b) As the economy worsens, more families face food insecurity and
stretched household food budgets. Federal food assistance programs,
food banks, food pantries, and the emergency food system cite an
increased demand for their services.
(c) The United States Department of Labor has reported that the
cost of food at home increased by 6.1 percent in 2008. Families are
struggling with skyrocketing food and other rising living costs that
are placing pressure on already tight budgets.
(d) Every day in schools across California, millions of children
rely on state and federally subsidized school meals for a significant
portion of their daily nutritional needs.
(e) Over three million California children participate in the
National School Lunch Program every day, and California's school meal
programs serve more than two out of every five pupils in our state
throughout the year.
(f) The United States Congress created and expanded our school
meal programs in response to times of economic distress to address
the economy's impact on nutrition, hunger, and the health of our
agricultural communities, and the California Legislature supplements
the National School Lunch program to offset the increased costs of
serving a healthy meal in California.
(g) Children who consume a school breakfast have better test
scores, better attendance, are tardy less often, and have better
classroom behavior and fewer visits to the nurse's office than
children who do not.
(h) California schools served a record 770.6 million school meals
in the 2007-08 school year, an increase of 4.5 percent over the prior
school year, despite a slight decline in the number of pupils
enrolled in public schools, and the increase in the number of school
meals served has continued to dramatically accelerate.
(i) A November 2008 California Department of Education sample
survey has reported a 12 percent increase in school meals served when
compared to September and October 2008.
(j) The unprecedented demand for school meals in California
indicates how the state's economic downturn is causing many families
in California to turn to nutritious school meals for their children
to prevent hunger.
(k) The State of California has a responsibility to ensure that
students have access to nutritious meals because hungry children
cannot learn, and proper nutrition for children is a matter of the
highest state priority.
(l) State law requires school districts in California to provide a
nutritious meal to every eligible student each schoolday.
SEC. 2. Section 49430.5 of the Education Code
is amended to read:
49430.5. (a) The reimbursement a school receives for free and
reduced price meals sold or served to pupils in elementary, middle,
or high schools included within a school district, charter school, or
county office of education shall be twenty-one cents ($0.21).
(b) To qualify for the reimbursement for free and reduced price
meals provided to pupils in elementary, middle, or high schools, a
school shall follow the Enhanced Food Based Meal Pattern, Nutrient
Standard Meal Planning, or Traditional Meal Pattern developed by the
United States Department of Agriculture or the SHAPE Menu Patterns
developed by the state, and annually certify that it is in compliance
with the nutrition standards set forth in Section 49430.7.
(c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.
(d) If the Superintendent determines that the appropriation set
forth in the annual Budget Act is insufficient to fully fund all
eligible reimbursement claims pursuant to subdivision (a), the
department shall notify the Legislature of the statutory funding
amount necessary to reimburse school districts at the rate prescribed
in subdivision (a) for providing nutritious meals to all needy
students.
SEC. 3. The amount of nineteen million five
hundred thousand dollars ($19,500,000) is hereby appropriated to
fully fund all free and reduced price meal reimbursement claims
pursuant to Section 49430.5 of the Education Code for the 2008-09
fiscal year.
SEC. 4. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to ensure that pupils in need continue to have access to
nutritious meals to prevent hunger, it is necessary that this act
take effect immediately.
