California 2023 2023-2024 Regular Session

California Senate Bill SB283 Amended / Bill

Filed 08/14/2023

                    Amended IN  Assembly  August 14, 2023 Amended IN  Senate  March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 283Introduced by Senator Ochoa BoghFebruary 01, 2023An act to add Article 4.7 (commencing with Section 49469) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 283, as amended, Ochoa Bogh. Pupil health: individualized asthma management. action plan.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils.This bill would would, commencing with the 202425 school year, require school districts, county offices of education, and charter schools, on or before the start of the 202425 school year, to adopt a comprehensive asthma management plan, as specified. The bill would authorize local educational agencies to meet this requirement if the local educational agency has previously adopted an asthma management plan, as provided. schools to, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil. The bill would encourage local educational agencies to provide professional development for school staff that includes, among other things, information about symptoms and common triggers of asthma. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as Adilenes Law.SECTION 1.SEC. 2. Article 4.7 (commencing with Section 49469) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 4.7. Asthma Management49469.This article shall be known, and may be cited, as Adilenes Law.49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.SEC. 2.SEC. 3. 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.

 Amended IN  Assembly  August 14, 2023 Amended IN  Senate  March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 283Introduced by Senator Ochoa BoghFebruary 01, 2023An act to add Article 4.7 (commencing with Section 49469) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 283, as amended, Ochoa Bogh. Pupil health: individualized asthma management. action plan.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils.This bill would would, commencing with the 202425 school year, require school districts, county offices of education, and charter schools, on or before the start of the 202425 school year, to adopt a comprehensive asthma management plan, as specified. The bill would authorize local educational agencies to meet this requirement if the local educational agency has previously adopted an asthma management plan, as provided. schools to, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil. The bill would encourage local educational agencies to provide professional development for school staff that includes, among other things, information about symptoms and common triggers of asthma. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Assembly  August 14, 2023 Amended IN  Senate  March 23, 2023

Amended IN  Assembly  August 14, 2023
Amended IN  Senate  March 23, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 283

Introduced by Senator Ochoa BoghFebruary 01, 2023

Introduced by Senator Ochoa Bogh
February 01, 2023

An act to add Article 4.7 (commencing with Section 49469) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 283, as amended, Ochoa Bogh. Pupil health: individualized asthma management. action plan.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils.This bill would would, commencing with the 202425 school year, require school districts, county offices of education, and charter schools, on or before the start of the 202425 school year, to adopt a comprehensive asthma management plan, as specified. The bill would authorize local educational agencies to meet this requirement if the local educational agency has previously adopted an asthma management plan, as provided. schools to, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil. The bill would encourage local educational agencies to provide professional development for school staff that includes, among other things, information about symptoms and common triggers of asthma. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.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.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils.

This bill would would, commencing with the 202425 school year, require school districts, county offices of education, and charter schools, on or before the start of the 202425 school year, to adopt a comprehensive asthma management plan, as specified. The bill would authorize local educational agencies to meet this requirement if the local educational agency has previously adopted an asthma management plan, as provided. schools to, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil. The bill would encourage local educational agencies to provide professional development for school staff that includes, among other things, information about symptoms and common triggers of asthma. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.

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.

## 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 Adilenes Law.SECTION 1.SEC. 2. Article 4.7 (commencing with Section 49469) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 4.7. Asthma Management49469.This article shall be known, and may be cited, as Adilenes Law.49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.SEC. 2.SEC. 3. 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.

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 Adilenes Law.

SECTION 1. This act shall be known, and may be cited, as Adilenes Law.

SECTION 1. This act shall be known, and may be cited, as Adilenes Law.

### SECTION 1.

SECTION 1.SEC. 2. Article 4.7 (commencing with Section 49469) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 4.7. Asthma Management49469.This article shall be known, and may be cited, as Adilenes Law.49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.

SECTION 1.SEC. 2. Article 4.7 (commencing with Section 49469) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

### SECTION 1.SEC. 2.

 Article 4.7. Asthma Management49469.This article shall be known, and may be cited, as Adilenes Law.49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.

 Article 4.7. Asthma Management49469.This article shall be known, and may be cited, as Adilenes Law.49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.

 Article 4.7. Asthma Management

 Article 4.7. Asthma Management



This article shall be known, and may be cited, as Adilenes Law.



49469.1. 49469. The Legislature finds and declares all of the following:(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.



49469.1. 49469. The Legislature finds and declares all of the following:

(a) Asthma is one of the most common chronic diseases among children in the United States, a leading cause of pediatric hospitalization, and is the top reason for missed school days, which accounts for more than 5,200,000 absences annually.

(b) California has made strides to provide care to pupils with asthma by creating various initiatives, such as California Breathing within the State Department of Public Health, to improve the respiratory health of Californians and reduce asthma-related health disparities through educational and environmental interventions where Californians live, work, learn, and play.

(c) Similar models of California Breathings guidance are found in the California School Boards Associations administrative regulations, AR 5141.23, to help schools adopt administrative policies and asthma management plans, aligned with the State Department of Public Health guidance, to help identify and care for pupils with asthma.

49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.(A)Identifying pupils with asthma.(B)Creating individualized asthma plans for those pupils with asthma.(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.



49469.2. 49469.1 (a) (1) On or before the start of Commencing with the 202425 school year, local educational agencies shall adopt a comprehensive asthma management plan that includes, but is not limited to, a plan for all of the following: shall, upon receiving notice from a parent or guardian that a pupil has asthma, create an individualized asthma action plan for that pupil.

(A)Identifying pupils with asthma.



(B)Creating individualized asthma plans for those pupils with asthma.



(C)Providing professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.



(2)Local educational agencies may meet the requirement in paragraph (1) if they have previously adopted an asthma management plan that includes the provisions described in subparagraphs (A) to (C), inclusive, of paragraph (1).



(2) Local educational agencies are encouraged to provide professional development for school staff that includes, but is not limited to, information about symptoms, common triggers of asthma, ways to reduce acute symptoms, and emergency response procedures.

(b) For purposes of this article, local educational agency means a school district, county office of education, or charter school.

SEC. 2.SEC. 3. 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.

SEC. 2.SEC. 3. 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.

SEC. 2.SEC. 3. 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.

### SEC. 2.SEC. 3.