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SB-223 Pupil health: administration of medicinal cannabis: schoolsites.(2019-2020)



SECTION 1.
 This act shall be known, and may be cited, as Jojo’s Act.

SEC. 2.

 Section 49414.1 is added to the Education Code, to read:

49414.1.
 (a) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a pupil to possess and administer to the pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code medicinal cannabis at a schoolsite.
(b) The policy shall include, at a minimum, all of the following elements:
(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.
(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.
(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.
(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the
school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school.
(c) (1) Pupil records collected in accordance with a policy adopted pursuant to subdivision (a) for the purpose of administering medicinal cannabis to a pupil are confidential and shall be used only for the purpose of administration of medicinal cannabis to the pupil. These pupil records shall not be open to the public for inspection and shall not be disclosed for any reason, except as required by a state or federal court order.
(2) The right to access particular pupil records for legitimate educational interests pursuant to Sections 49076 and 49076.5 shall not apply to pupil records collected for the purpose of administering medicinal cannabis. Pupil records collected for the purpose of administering medicinal cannabis shall be removed from the pupil’s records before any of the pupil’s records are released for any reason under existing law.
(d) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (a) may rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.
(e) Nothing in this section requires the staff of a school district, county office of education, or charter school to administer medicinal cannabis.
(f) For purposes of this section, “medicinal cannabis” excludes medicinal cannabis in a smokeable or vapeable form.
SEC. 3.
 The Legislature finds and declares that Section 2 of this act, which adds Section 49414.1 to the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of pupils, and parents and guardians of pupils, who are administered medicinal cannabis, it is necessary that pupil records collected for the purpose of administering medicinal cannabis be confidential.