2009 California Education Code - Section 32220-32224 :: Article 3. Insurance For Athletic Teams

32220.  As used in this chapter:
   (a) "Educational institution" means a school district, a community
college district, a state university, the University of California,
and the State Department of Education special schools.
   (b) "Governing board" means the governing board of a school
district or community college district, the Trustees of the
California State University, and the Regents of the University of
California.
   (c) "Member of an athletic team" means member of any extramural
athletic team engaged in athletic events on or outside the school
grounds, maintained or sponsored by the educational institution or a
student body organization thereof. "Member of an athletic team" also
includes members of school bands or orchestras, cheerleaders and
their assistants, pompon girls, team managers and their assistants,
and any student or pupil selected by the school or student body
organization to directly assist in the conduct of the athletic event,
including activities incidental thereto, but only while such members
are being transported by or under the sponsorship or arrangements of
the educational institution or a student body organization thereof
to or from a school or other place of instruction and the place at
which the athletic event is being conducted.
   Organized rooting sections, student body members who are
spectators, and other spectator students, who are not actually
participating in the conduct of the athletic event, are not members
of an athletic team. Participants in a playday or field day activity
occurring occasionally during a school year, in which students of one
or more particular grade levels from two or more schools of a school
district or community college district participate in athletic
contests, are not members of an athletic team. Nothing in this
subdivision shall be construed as prohibiting a governing board from
extending the applicability of the provisions of this article to any
of those persons, should the governing board elect so to do.
   (d) "Student body organization" means any student organization
under supervision of the educational institution or its officers.

32221.  The governing board of any educational institution, except a
school district or community college district and except the State
Department of Education special schools as defined in Sections 59000,
59100, and 59200, shall provide for each member of an athletic team
insurance protection for medical and hospital expenses resulting from
accidental bodily injuries in an amount of at least five thousand
dollars ($5,000) for all services for each member of an athletic
team, through group, blanket, or individual policies of accident
insurance from authorized insurers, or through a benefit and relief
association described in paragraph (1) of subdivision (c) of Section
10493 of the Insurance Code. The coverage shall be for the injury to
members of athletic teams arising while the members are engaged in or
are preparing for an athletic event promoted under the sponsorship
or arrangements of the educational institution or a student body
organization thereof or while the members are being transported by or
under the sponsorship or arrangements of the educational institution
or a student body organization thereof to or from school or other
place of instruction and the place of the athletic event. However,
the Trustees of the California State University and the Regents of
the University of California may authorize and require the student
body organizations designated pursuant to this section, to be
responsible for such medical and hospital expenses in any amount the
trustees or the regents may specify, up to two hundred fifty dollars
($250), in which event the insurance protection for the health and
accident expenses may include a deductible clause in the same amount.
   The governing board of each school district or community college
district and the State Department of Education special schools as
defined in Sections 59000, 59100, and 59200 shall provide for each
member of an athletic team insurance protection for medical and
hospital expenses resulting from accidental bodily injuries in one of
the following amounts:
    (a) A group or individual medical plan with accidental benefits
of at least two hundred dollars ($200) for each occurrence and major
medical coverage of at least ten thousand dollars ($10,000), with no
more than one hundred dollars ($100) deductible and no less than 80
percent payable for each occurrence.
    (b) Group or individual medical plans which are certified by the
Insurance Commissioner to be equivalent to the required coverage of
at least one thousand five hundred dollars ($1,500).
    (c) At least one thousand five hundred dollars ($1,500) for all
medical and hospital expenses.

Insurance protection in any of the above amounts shall be provided
through group, blanket, or individual policies of accident insurance
from authorized insurers or through a benefit and relief association
described in paragraph (1) of subdivision (c) of Section 10493 of the
Insurance Code. The coverage shall be for the injury to members of
athletic teams arising while the members are engaged in or are
preparing for an athletic event promoted under the sponsorship or
arrangements of the educational institution or a student body
organization thereof or while the members are being transported by or
under the sponsorship or arrangements of the school districts or
community college districts or a student body organization thereof to
or from school or other place of instruction and the place of the
athletic event. Minimum medical benefits under any insurance required
by this subdivision shall be equivalent to the three dollars and
fifty cents ($3.50) conversion factor as applied to the unit values
contained in the minimum fee schedule adopted by the Division of
Industrial Accidents of the Department of Industrial Relations,
effective October 1, 1966.
   The Trustees of the California State University and the Board of
Regents of the University of California shall designate any student
body organizations the trustees and the regents deem appropriate to
bear the entire cost of the insurance under this article, in such
proportions as they deem equitable, and shall make appropriate
deductions from any student body organization funds held by the
institutions, or otherwise take such measures, as will assure the
payment thereof.
   The governing boards of the various school districts or community
college districts and the State Department of Education special
schools shall require that each member of an athletic team have
insurance protection as prescribed by this section, with the costs of
the insurance protection to be paid either out of the funds of the
district or the funds of the student body, or by any other persons on
behalf of, the individual team members or students covered by the
insurance. In the event that the governing board of a school district
or community college district should determine that a member of an
athletic team or the parents, guardian, or other person having charge
or control of a member of an athletic team are financially unable to
pay the costs of insurance protection, then the governing board
shall require the costs of the protection to be paid either out of
funds of the district or funds of the student body.
   The insurance required by this article shall be issued by an
admitted insurer, or through a benefit and relief association
described in paragraph (1) of subdivision (c) of Section 10493 of the
Insurance Code.
   The insurance otherwise required by this section shall not be
required for any individual team member or student who has insurance
or a reasonable equivalent of health benefits coverage provided for
him or her in any other way or manner, including, but not limited to,
purchase by himself or herself, or by his or her parent or guardian.

32221.5.  (a) A school district that elects to operate an
interscholastic athletic team or teams shall include the following
statement, printed in boldface type of prominent size, in offers of
insurance coverage that are sent to members of school athletic teams:
   "Under state law, school districts are required to ensure that all
members of school athletic teams have accidental injury insurance
that covers medical and hospital expenses. This insurance requirement
can be met by the school district offering insurance or other health
benefits that cover medical and hospital expenses.
   Some pupils may qualify to enroll in no-cost or low-cost local,
state, or federally sponsored health insurance programs. Information
about these programs may be obtained by calling ________ [Insert
toll-free telephone number]."
   (b) The statement described in subdivision (a) shall also be
incorporated into any other letters or printed materials, in boldface
type of prominent size, that contain the name or logo, or both, of
the school district and are sent to members of school athletic teams
to inform them of the provisions of this article, or any other
applicable provision of state law, regarding the provision of
insurance protection.
   (c) The statement described in subdivision (a) shall include the
toll-free telephone number or numbers for any of the following:
   (1) The Healthy Families Program.
   (2) Medi-Cal.
   (3) Any other comparable toll-free telephone number for a no-cost
or low-cost local, state, or federally sponsored health insurance
program.
   (d) All notices regarding insurance protection for members of
athletic teams that are sent to team members are required to be
translated pursuant to Section 48985.

32222.  Any claim for accidental bodily injuries described in this
article which is subject to, and for which benefits have been paid
under, the provisions of Division 4 (commencing with Section 3200) of
the Labor Code is excluded from the required coverage and benefits
under this article. Recreation activities under Chapter 10
(commencing with Section 10900) of Part 7 of this division, are
excluded from the required coverage and benefits of this article.

32223.  The coverage provided under this article shall not exclude
additional or broader coverage by an educational institution or its
student body organization.

32224.  The insurance coverage provided under this article may
contain the following provisions:
   (1) School administrative authorities shall certify whether an
injured student applying for the insurance benefits is a student of
the educational institution and is enrolled as a member of an
athletic team.
   (2) The injured student, or his parents or guardian, shall notify
school administrative authorities of his injury not later than 60
days from the date of injury.
   (3) Medical or hospital care or treatment must commence within 120
days from the date of injury.
   (4) The period of time for which benefits shall be payable is
limited to 52 weeks from the date the student received his first
medical or hospital care or treatment. Benefits shall be payable only
for such treatment as is given within the United States.