Amended IN Assembly June 26, 2019 Amended IN Senate March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 223Introduced by Senator Hill(Coauthors: Senators Moorlach, Stone, and Wiener)(Coauthors: Assembly Members Bonta, Limn, and Quirk) Quirk, and Smith)February 07, 2019 An act to add Section 49414.1 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 223, as amended, Hill. Pupil health: administration of medicinal cannabis: schoolsites. Existingh a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojos Act, which would authorize 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, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996 medicinal cannabis, as defined, excluding cannabis cannabis, as defined, in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be amended or rescinded for any reason, as provided. reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill would provide that bill, for pupil records collected for the purpose of administering medicinal cannabis are confidential, shall cannabis, would require those records to be used only for the purpose of administering medicinal cannabis, 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. treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as Jojos Act.SEC. 2. Section 49414.1 is added to the Education Code, to read:49414.1.(a)49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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 publics 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.
Amended IN Assembly June 26, 2019 Amended IN Senate March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 223Introduced by Senator Hill(Coauthors: Senators Moorlach, Stone, and Wiener)(Coauthors: Assembly Members Bonta, Limn, and Quirk) Quirk, and Smith)February 07, 2019 An act to add Section 49414.1 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 223, as amended, Hill. Pupil health: administration of medicinal cannabis: schoolsites. Existingh a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojos Act, which would authorize 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, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996 medicinal cannabis, as defined, excluding cannabis cannabis, as defined, in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be amended or rescinded for any reason, as provided. reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill would provide that bill, for pupil records collected for the purpose of administering medicinal cannabis are confidential, shall cannabis, would require those records to be used only for the purpose of administering medicinal cannabis, 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. treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly June 26, 2019 Amended IN Senate March 11, 2019
Amended IN Assembly June 26, 2019
Amended IN Senate March 11, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 223
Introduced by Senator Hill(Coauthors: Senators Moorlach, Stone, and Wiener)(Coauthors: Assembly Members Bonta, Limn, and Quirk) Quirk, and Smith)February 07, 2019
Introduced by Senator Hill(Coauthors: Senators Moorlach, Stone, and Wiener)(Coauthors: Assembly Members Bonta, Limn, and Quirk) Quirk, and Smith)
February 07, 2019
An act to add Section 49414.1 to the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 223, as amended, Hill. Pupil health: administration of medicinal cannabis: schoolsites.
Existingh a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojos Act, which would authorize 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, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996 medicinal cannabis, as defined, excluding cannabis cannabis, as defined, in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be amended or rescinded for any reason, as provided. reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill would provide that bill, for pupil records collected for the purpose of administering medicinal cannabis are confidential, shall cannabis, would require those records to be used only for the purpose of administering medicinal cannabis, 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. treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
Existingh a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act.
This bill would enact Jojos Act, which would authorize 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, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996 medicinal cannabis, as defined, excluding cannabis cannabis, as defined, in a smokeable or vapeable form, at a schoolsite. The bill would authorize the policy to be amended or rescinded for any reason, as provided. reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill would provide that bill, for pupil records collected for the purpose of administering medicinal cannabis are confidential, shall cannabis, would require those records to be used only for the purpose of administering medicinal cannabis, 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. treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as Jojos Act.SEC. 2. Section 49414.1 is added to the Education Code, to read:49414.1.(a)49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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 publics 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as Jojos Act.
SECTION 1. This act shall be known, and may be cited, as Jojos Act.
SECTION 1. This act shall be known, and may be cited, as Jojos Act.
### SECTION 1.
SEC. 2. Section 49414.1 is added to the Education Code, to read:49414.1.(a)49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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. 2. Section 49414.1 is added to the Education Code, to read:
### SEC. 2.
49414.1.(a)49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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.
(a)
49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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.
49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.(b) 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)(c) 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 pupils records before any of the pupils records are released for any reason under existing law. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.(d)(e) 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) (b) may amend or 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.(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).(e)(g) 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.
49414.1. (a) For purposes of this section, the following apply:(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.
49414.1. (a) For purposes of this section, the following apply:
(1) Cannabis has the same meaning as in Section 11018 of the Health and Safety Code. Cannabis includes cannabis products.
(2) Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.
(3) Medicinal cannabis excludes medicinal cannabis or cannabis products in a smokeable or vapeable form.
(b) 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)
(c) 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 pupils records before any of the pupils records are released for any reason under existing law.
(d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.
(d)
(e) 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) (b) may amend or 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.
(f) 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 (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met:
(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).
(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b).
(e)
(g) 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 publics 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.
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 publics 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.
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 publics 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:
### SEC. 3.
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.