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AB-1214 School employees: training: cardiopulmonary resuscitation.(2019-2020)

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Date Published: 09/13/2019 09:00 PM
AB1214:v94#DOCUMENT

Enrolled  September 13, 2019
Passed  IN  Senate  September 09, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Senate  September 04, 2019
Amended  IN  Senate  June 18, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1214


Introduced by Assembly Member Melendez

February 21, 2019


An act to amend Sections 35179.6 and 44277 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1214, Melendez. School employees: training: cardiopulmonary resuscitation.
Existing law authorizes a school district or school, individually or jointly with another school district or school, to provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees, as provided.
Existing law states that the intent of the Legislature is to encourage school districts to establish individual programs for professional growth for teachers, as provided, and authorizes an individual program of professional growth to include a basic course in CPR.
This bill would require a school district, county office of education, or charter school to offer a course in CPR for purposes of allowing school staff and teachers to participate in CPR training that includes certain instruction. This bill would describe a course in CPR as including, but not being limited to, an individual program of professional growth that includes a basic course in CPR that includes certain instruction. By requiring local educational agencies to offer a course in CPR, the bill would impose a state-mandated local program.
If a school district or charter school elects to offer any interscholastic athletic program, existing law requires the school district or charter school to, among other things, acquire at least one automated external defibrillator (AED) for each school within the school district or the charter school, and ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at the athletic program’s on-campus activities or events.
If a school district or charter school elects to offer any interscholastic athletic program, this bill would require the school district or charter school to also require certain personnel with a valid certification of CPR training to be present at the athletic program’s on-campus activities or events at all times.
This bill would incorporate additional changes to Section 35179.6 of the Education Code proposed by AB 1595 to be operative only if this bill and AB 1595 are enacted and this bill is enacted last.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as Alex’s Law.

SEC. 2.

 Section 35179.6 of the Education Code is amended to read:

35179.6.
 (a) For purposes of this section, an “AED” is an automated external defibrillator.
(b) (1) Commencing July 1, 2019, if a school district or charter school elects to offer any interscholastic athletic program, the school district or the charter school shall acquire at least one AED for each school within the school district or the charter school. The school district or the charter school is encouraged to ensure that the AED or AEDs are available for the purpose of rendering emergency care or treatment within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and any other individuals in attendance at the athletic program’s on-campus activities or events, and shall ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at these activities or events.
(2) (A) If a school district or charter school elects to offer any interscholastic athletic program, the school district or charter school shall require personnel with a valid certification of cardiopulmonary resuscitation training that includes the instruction described in subdivision (c) of Section 44277 to be present at the athletic program’s on-campus activities or events at all times.
(B) A school district or charter school shall not require personnel not otherwise required by law or the bylaws of the California Interscholastic Federation to hold a valid certification of cardiopulmonary resuscitation training to obtain that training for purposes of complying with subparagraph (A), unless it has been negotiated as part of a collective bargaining process.
(c) Subdivision (b) of Section 49417 applies for purposes of determining if an employee of a school district is liable for any civil damages resulting from the employee’s use, attempted use, or nonuse of an AED in the rendering of emergency care or treatment pursuant to this section.
(d) Subdivision (c) of Section 49417 applies for purposes of determining if a public school or school district is liable for any civil damages resulting from any act or omission in the rendering of emergency care or treatment pursuant to this section.
(e) Except as provided in subdivision (g), if an employee of a charter school complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment.
(f) Except as provided in subdivision (g), if a charter school complies with the requirements of Section 1797.196 of the Health and Safety Code, the charter school is covered by Section 1714.21 of the Civil Code, and is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment.
(g) Subdivisions (e) and (f) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or fails to use an AED to render emergency care or treatment.
(h) In order to ensure public safety, each school district or charter school that elects to offer any interscholastic athletic program shall ensure that its AED or AEDs are maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
(i) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code.

SEC. 2.5.

 Section 35179.6 of the Education Code is amended to read:

35179.6.
 (a)  For purposes of this section, an “AED” is an automated external defibrillator.
(b) (1) Commencing July 1, 2019, if a school district or charter school elects to offer any interscholastic athletic program, the school district or the charter school shall acquire at least one AED for each school that participates in the program within the jurisdiction of the school district or the charter school. The school district or the charter school is encouraged to ensure that the AED or AEDs are available for the purpose of rendering emergency care or treatment within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and any other individuals in attendance at the athletic program’s on-campus activities or events, and shall ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at these activities or events.
(2) (A) If a school district or charter school elects to offer any interscholastic athletic program, the school district or charter school shall require personnel with a valid certification of cardiopulmonary resuscitation training that includes the instruction described in subdivision (c) of Section 44277 to be present at the athletic program’s on-campus activities or events at all times.
(B) A school district or charter school shall not require personnel not otherwise required by law or the bylaws of the California Interscholastic Federation to hold a valid certification of cardiopulmonary resuscitation training to obtain that training for purposes of complying with subparagraph (A), unless it has been negotiated as part of a collective bargaining process.
(c) Subdivision (b) of Section 49417 applies for purposes of determining if an employee of a school district is liable for any civil damages resulting from the employee’s use, attempted use, or nonuse of an AED in the rendering of emergency care or treatment pursuant to this section.
(d) Subdivision (c) of Section 49417 applies for purposes of determining if a public school or school district is liable for any civil damages resulting from any act or omission in the rendering of emergency care or treatment pursuant to this section.
(e) Except as provided in subdivision (g), if an employee of a charter school complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment.
(f) Except as provided in subdivision (g), if a charter school complies with the requirements of Section 1797.196 of the Health and Safety Code, the charter school is covered by Section 1714.21 of the Civil Code, and is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment.
(g) Subdivisions (e) and (f) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or fails to use an AED to render emergency care or treatment.
(h) In order to ensure public safety, each school district or charter school that elects to offer any interscholastic athletic program shall ensure that its AED or AEDs are maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
(i) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code.

SEC. 3.

 Section 44277 of the Education Code is amended to read:

44277.
 (a) The Legislature recognizes that effective professional growth must continue to occur throughout the careers of all teachers, in order for teachers to remain informed of changes in pedagogy, subject matter, and pupil needs. In enacting this section, it is the intent of the Legislature to encourage teachers to engage in an individual program of professional growth that expands their content knowledge and teaching skills, and for school districts to establish professional growth programs that give individual teachers a wide range of options to pursue as well as significant roles in determining the course of their professional growth.
(b) An individual program of professional growth may consist of activities that are aligned with the California Standards for the Teaching Profession that contribute to competence, performance, or effectiveness in the profession of education and the classroom assignments of the teacher. Acceptable activities may include, among other acceptable activities, the completion of courses offered by regionally accredited colleges and universities, including instructor-led interactive courses delivered through online technologies; participation in professional conferences, workshops, teacher center programs, staff development programs, or a California Reading Professional Development Institute program operated pursuant to Article 2 (commencing with Section 99220) of Chapter 5 of Part 65 of Division 14 of Title 3; service as a mentor teacher; participation in school curriculum development projects; participation in systematic programs of observation and analysis of teaching; service in a leadership role in a professional organization; and participation in educational research or innovation efforts. Employing agencies and the bargaining agents of employees may negotiate to agree on the terms of programs of professional growth within their jurisdictions, provided that the agreements shall be consistent with this section.
(c) An individual program of professional growth may include a basic course in cardiopulmonary resuscitation, which includes training in the subdiaphragmatic abdominal thrust (also known as the “Heimlich maneuver”) and meets or exceeds the standards established by the American Heart Association or the American Red Cross for courses in that subject or minimum standards for training programs established by the Emergency Medical Services Authority. An individual program of professional growth may also include a course in first aid that meets or exceeds the standards established by the American Red Cross for courses in that subject or minimum standards for training programs established by the Emergency Medical Services Authority.
(d) (1) If a local educational agency offers a program of professional growth for teachers, administrators, paraprofessional educators, or other classified employees involved in the direct instruction of pupils, the local educational agency shall evaluate professional learning based on all of the following criteria, and the local educational agency is encouraged to choose professional learning that meets any of the following criteria:
(A) Helps attract, grow, and retain effective educators.
(B) Is a part of every educator’s experience in order to accelerate instructional improvement and support pupil learning.
(C) Is based on a needs assessment of educators and tied to supporting pupil learning.
(D) Emphasizes the importance of meeting the needs of all pupils.
(E) Is grounded in a description of effective practice, as articulated in the California Standards for the Teaching Profession.
(F) Affords educators opportunities to engage with others to develop their craft, including, but not limited to, opportunities to increase their content knowledge.
(G) Ensures educators have adequate time to learn about, practice, reflect, adjust, critique, and share what educators need to ensure that all pupils, especially high-needs pupils, develop knowledge and lifelong learning skills that will help the pupils to be successful.
(H) Recognizes and uses expert teaching and leadership skills.
(I) Attends to collective growth needs as well as educators’ individual growth needs.
(J) Contributes to a positive, collaborative, and supportive adult learning environment.
(K) Contributes to cycles of inquiry and improvement.
(L) Is not limited to a single instance, but supports educators through multiple iterations or engagements.
(M) Is based on a coherent and focused plan.
(2) Professional learning activities may also include collaboration time for teachers to develop new instructional lessons, to select or develop common formative assessments, to analyze pupil data, for mentoring projects for new teachers, or for extra support for teachers to improve practice. Appropriate professional learning may be part of a coherent plan that combines school activities within the school, including, but not limited to, lesson study or coteaching, and external learning opportunities that meet all of the following criteria:
(A) Are related to the academic subjects taught.
(B) Provide time to meet and work with other teachers.
(C) Support instruction and pupil learning to improve instruction in a manner that is consistent with academic content standards.
(e) (1) A local educational agency shall offer a course in cardiopulmonary resuscitation for purposes of allowing school staff and teachers to participate in cardiopulmonary resuscitation training that includes the instruction described in subdivision (c).
(2) For purposes of this subdivision, “course in cardiopulmonary resuscitation” includes, but is not limited to, an individual program of professional growth that includes a basic course in cardiopulmonary resuscitation that is offered pursuant to subdivision (c).
(f) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 4.

 Section 2.5 of this bill incorporates amendments to Section 35179.6 of the Education Code proposed by both this bill and Assembly Bill 1595. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 35179.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1595, in which case Section 2 of this bill shall not become operative.

SEC. 5.

 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.