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AB-1473 School curriculum: health framework: physical education framework: compression-only cardiopulmonary resuscitation: automated external defibrillators.(2023-2024)

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Date Published: 05/01/2023 02:00 PM
AB1473:v97#DOCUMENT

Amended  IN  Assembly  May 01, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1473

Introduced by Assembly Member Maienschein

February 17, 2023

An act to amend Section 51225.6 of add Sections 33549 and 33549.5 to the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 1473, as amended, Maienschein. Pupil instruction: School curriculum: health framework: physical education framework: compression-only cardiopulmonary resuscitation: automated external defibrillators.
Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education.
This bill would require the commission, when the Health Framework for California Public Schools and physical education framework are each next revised after January 1, 2024, to consider increasing and including content related to instruction in performing compression-only cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED), as provided, in each of those frameworks.

Existing law requires the governing board of a school district or the governing body of a charter school that requires a course in health education for graduation from high school to include instruction in performing compression-only cardiopulmonary resuscitation (CPR), as provided. Existing law also encourages those entities to provide to pupils general information on the use and importance of an automated external defibrillator (AED). Existing law further requires the State Department of Education to provide guidance on how to implement these provisions, including, but not limited to, who may provide instruction.

This bill would revise and recast these provisions by, among other things, instead requiring the governing board of a school district or the governing body of a charter school, as part of a course in health education or physical education that is required for graduation, to, commencing with the 2024–25 school year, provide instruction in performing compression-only CPR and the use of an AED, as provided. If the governing board of the school district or the governing body of the charter school exempts a pupil who participates in a regular school-sponsored interscholastic athletic program from physical education courses, and a health education course is not required for graduation, the bill would require the instruction in performing compression-only CPR and the use of an AED to be provided during one team practice each season. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, commencing with the 2024–25 school year, to provide guidance on how to implement these requirements, including, but not limited to, who may provide instruction.

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: YESNO  

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


SECTION 1.

 Section 33549 is added to the Education Code, immediately following Section 33546, to read:

33549.
 When the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2024, the commission shall consider increasing content related to instruction in performing compression-only cardiopulmonary resuscitation (CPR) and including content related to instruction in the use of an automated external defibrillator (AED) in that health framework.

SEC. 2.

 Section 33549.5 is added to the Education Code, to read:

33549.5.
 When the physical education framework is next revised after January 1, 2024, the commission shall consider including content, as it relates to safety during physical education and athletics, related to instruction in performing compression-only cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) in that physical education framework.

SECTION 1.Section 51225.6 of the Education Code is amended to read:
51225.6.

(a)The governing board of a school district or the governing body of a charter school, as part of a course in health education or physical education that is required for graduation, shall include, commencing with the 2024–25 school year, instruction in performing compression-only cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED). This instruction shall include both of the following:

(1)An instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of compression-only CPR, such as those developed by the American Heart Association, the American Red Cross, or a similar nationally accredited entity.

(2)Instruction to pupils relative to the psychomotor skills necessary to perform compression-only CPR or use an AED. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning using CPR and AED training tools associated with the instruction required pursuant to this subdivision.

(b)If the governing board of the school district or the governing body of the charter school exempts a pupil who participates in a regular school-sponsored interscholastic athletic program from physical education courses pursuant to Section 51242, and a health education course is not required for graduation, the instruction in performing compression-only CPR and the use of an AED required pursuant to subdivision (a) shall be provided during one team practice each season.

(c)Before the commencement of the 2024–25 school year, the department shall provide guidance on how to implement this section, including, but not limited to, who may provide instruction pursuant to this section.

(d)The governing board of a school district or the governing body of a charter school may adopt policies to implement this section.

(e)(1)The governing board of a school district or the governing body of a charter school providing instruction in performing compression-only CPR or the use of an AED pursuant to this section is encouraged to use the most cost-effective means possible to implement that requirement.

(2)This section shall not be construed to require the governing board of a school district or the governing body of a charter school to make any purchases, including, but not limited to, purchasing an AED.

(f)(1)A local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction.

(2)A public employee who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction.

(3)This subdivision shall not be construed to grant immunity from civil damages to any person who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED in a manner that constitutes gross negligence or willful or wanton misconduct.

SEC. 2.

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.