California AB 2651

Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing law authorizes the department to take necessary measures to ascertain the nature and prevent the spread of communicable diseases. Existing law prohibits the governing authority of a school or other institution from unconditionally admitting or advancing to the 7th grade level any person as a pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family daycare home, or development center, unless, prior to their admission or advancement to that institution, they have been fully immunized against various communicable diseases, as provided, subject to any specific age criteria. Existing law requires the governing authority of a school or other institution, on at least an annual basis, to file a written report on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department at times and on forms prescribed by the department. This bill, the Informed Parents, Healthy Schools Act, would require the department to establish, and update as needed, levels of immunization rates needed to prevent the spread of specified communicable diseases. The bill would require the department to establish notification procedures designed to annually inform designated parties, including schools, daycare centers, and county departments of public health, when an immunization rate is determined to fall below the rate established by the department, among other things. The bill would require that the notification be translated into any language, in addition to English, that is spoken by 15% or more of enrolled children. The bill would require the department to apply existing data de-identification standards and methodologies to protect individual privacy, consistent with applicable state and federal law, in implementing these provisions. The bill would require a school or institution, as defined, to distribute the above-described notification to parents or guardians of enrolled children within 10 business days of receiving the notification from the department. The bill would authorize the school or institution to determine the manner of distribution for the notification, consistent with specified requirements. The bill would require the governing authority of the school or institution to cooperate with the department in carrying out these provisions. By requiring school districts to comply with these requirements, this 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.