2007 California Education Code Article 4.5. Pupil Health Assessment

CA Codes (edc:49460-49466)

49460.  (a) The State Department of Education, the State Department
of Health Services, and the State Department of Social Services shall
jointly enter into a collaborative agreement with the California
State University, the University of California, and California
medical schools, to establish a standardized health assessment of the
children within public schools, and develop a data base on the
health of children who are representative of the state's population.
The California State University is responsible for coordinating this
effort.
   (b) The agreement shall address all of the following:
   (1) Conducting the health assessment which may include the
following:
   (A) Anthropometric measures.
   (B) Testing for physical fitness.
   (C) Testing for chronic disease indicators by using the following
methods:
   (i) A survey of family health and medical history.
   (ii) Blood pressure measurement.
   (iii) A blood panel by participating pupils, on a voluntary basis,
and with the written consent of the pupil's parent or guardian.
   (D) Assessment of the nutritional status of participating pupils.

   (E) Conducting a voluntary and anonymous survey relating to
alcohol, drug, and tobacco use, and related diseases.
   (2) Establishing a coordinating center at the California State
University, in collaboration with the University of California and
California medical schools, with pupil assessment sites at public
schools.
   (3) Summarizing the assessment findings that shall be made
available to the public.
   (4) Providing the assessment results to the State Department of
Health Services, other state agencies, and to medical and education
groups.
   (c) No child shall be required to participate in a standardized
health assessment program if the parent or guardian of that child
objects to that participation because the program conflicts with the
religious beliefs of the parent or guardian.  The objection shall be
made in a written form and shall be included in a letter submitted to
the coordinating center, acknowledging parental notice of the health
assessment.



49461.  The coordinating center at the California State University
shall select a sample of schools that is demographically and
ethnically representative of the state's population to participate in
the health assessment.


49462.  The health assessment shall be conducted over a four-year
period and shall be completed on or before December 31, 2002.



49463.  The  California State University shall notify the parent or
guardian of each pupil for whom the assessment has detected health
problems and shall recommend further consultation with a physician.
If there is no physician available, the coordinating center shall
direct the parent or guardian to an appropriate medical referral.
Under no circumstances shall a school, the California State
University, or the University of California be  held liable for the
parent or guardian's action, or failure to take action on seeking
medical care for the identified health problem.  This section is not
applicable to alcohol, drug, and tobacco use.




49464.  The State Department of Health Services and the State
Department of Social Services shall be provided with scientifically
valid results of the health assessment that may be used to base
revisions of school curriculum, state health programs, and teacher
and personnel training related to child health and development.




49465.  (a) The agencies enumerated in Section 49460 shall only be
required to implement this article upon the availability of funds
received from the private sector and state funds appropriated for the
purposes of this article in a total amount sufficient to cover all
costs relating to the implementation and continuing administration of
this article.
   (b) The California State University shall notify all participating
entities, including school districts, the State Department of
Education, the State Department of Health Services, the State
Department of Social Services, and the University of California when
sufficient funds are available to meet the requirements specified in
subdivision (a).
   (c) All funds received from the private sector under this article
shall be deposited in the State Treasury and are continuously
appropriated to the California State University, which shall allocate
those funds to participating agencies to reimburse those agencies
for costs incurred in carrying out this article.  The amounts
allocated to the State Department of Education shall include amounts
sufficient to reimburse participating school districts for any costs
incurred pursuant to this article.
   (d) No school district shall be required to participate in the
assessments unless it is reimbursed from those funds for all costs
incurred pursuant to this article.
   (e) It is the intent of the Legislature that each fiscal year
funds be appropriated to the California State University for the
purposes of this article in an amount equal to the private sector
funds received for those purposes for the relevant fiscal year, up to
a maximum of one hundred twenty thousand dollars (0,000) in state
funds in any fiscal year.  Under no circumstances shall state funds
appropriated for the purposes of this article be apportioned in any
fiscal year until the private funds necessary to fully fund the
assessment required by this article have been received.
   (f) Reimbursements pursuant to this section shall be limited to
the amounts and purposes specified in the collaborative agreement
described in Section 49460.



49466.  No provision of this chapter shall apply to the University
of California unless the Regents of the University of California, by
resolution, make that provision applicable.