AB 1967
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1967 (John A. Perez) – As Amended: April 9, 2012
SUBJECT: Pupil instruction: health education: organ and tissue donation.
SUMMARY: Requires the Curriculum Development and Supplemental Materials Commission
(CDSMC) and the State Board of Education (SBE) to ensure the health and science frameworks,
adopted in the course of the next submission cycle include the subject of organ procurement and
tissue donation.
EXISTING LAW:
1) Declares Legislative intent that an adequate health education program in the public schools is
essential to continued progress and improvement in the quality of public health in this state
and that comprehensive health education, taught by properly trained person, is effective in
the prevention of disease and disability. (Education code 51881)
2) Defines "comprehensive health education programs" as all educational programs offered in
kindergarten and grades 1 to 12 in the public school system designed to ensure that pupils
will receive instruction to aid them in making decisions in matters of personal, family, and
community health. (Education code 51890)
3) Requires the State Board of Education to adopt content standards in the curriculum area of
health education, based on the recommendations of the Superintendent of Public Instruction.
(Education code 51210.8)
4) Requires the State Board of Education (SBE) to adopt revised science content standards by
July 30, 2013, as specified. (Education code 60605.85)
5) Requires a pupil to complete at least the following numbers of courses in the subjects
specified, each course having a duration of one year, while in grades 9 to 12, inclusive, in
order to receive a diploma of graduation from high school:
i) Three courses in English.
ii) Two courses in mathematics.
iii) Two courses in science, including biological and physical sciences.
iv) Three courses in social studies, including United States history and geography; world
history, culture, and geography; a one-semester course in American government and
civics; and a one-semester course in economics.
v) One course in visual or performing arts, foreign language, or, commencing with the
2012–13 school year, career technical education. (Education code 51225.3)
FISCAL EFFECT: According to the Assembly Appropriations Committee, for a similar bill,
potential General Fund (GF) administrative costs, likely between $200,000 and $700,000, to the
State Department of Education's CDSMC to complete the requirements of this measure. This
assumes a portion or all of the Commission's funding is restored to complete the development of
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the health curriculum framework, as specified. The governor vetoed all GF funding for the
CDSMC in 2009 and funding has not been restored.
COMMENTS: This bill requires the Curriculum Development and Supplemental Materials
Commission (CDSMC) and the State Board of Education (SBE) to ensure the health and science
frameworks, adopted in the course of the next submission cycle include the subject of organ
procurement and tissue donation.
Electing to be an Organ Donor. Currently, there are two ways to register as an organ donor in
California. First, each application for a new or renewal driver’s license or identification card
provides a place for the applicant to indicate if he or she wants to be an organ donor. If the
person affirms this desire, the pink donor dot symbol is pre-printed on the driver’s license or
identification card. Second, the Donate Life California website provides a way to register as an
organ donor online.
According to Donate Life California, there are more than 100,000 people on the National Organ
Transplant Waiting List, more than 21,000 of whom live in California. Nationwide,
approximately 18 people die each day awaiting life-saving organ transplants, and a new name is
added to the national waiting list every 13 minutes. One Organ donor can save up to eight lives
and one tissue donor can improve lives of up to 50 others. Nationwide, minorities represent 49%
of organ transplant candidates and more than 60% of kidney transplants. In California, Latinos
make up 32% of those waiting for life-saving transplants, Asians/Pacific Islanders 16%, and
African Americans another 14%.
Health Education Standards & Graduation Requirements. Neither the health education standards
nor the frameworks include any information about organ procurement or tissue donation. The
health curriculum framework was scheduled to be revised to align it to the 2008 health standards
but due to the fiscal situation in the State and resulting budget actions, the development of
curriculum frameworks and adoption of instructional materials has been suspended until the
2015-16 school year. AB 2 X4 Chapter 2, Statutes of 2009-10, Fourth Extraordinary Session
prohibits the SBE from adopting or following any of the procedures to adopt instructional
materials, including following the procedures related to framework development, through the
2012-13 school year. The recently enacted education budget trailer bill, SB 70 (Budget
Committee) Chapter 7, Statutes of 2011, extends this prohibition to the 2015–16 school year.
The revision and adoption of a health framework may be several years away given the existing
fiscal challenges.
Despite the delay in the adoption of a health framework, the committee should consider whether
it is important to include organ and tissue donation in the next revision of the health framework.
California does not require the completion of a health course as a condition for graduation from
high school. Districts are authorized to offer health education courses to students and may
require students to complete health education coursework as a district graduation requirement.
According to Donate Life California, since 2006, more than 80 California high schools have
voluntarily hosted organ donation presentations in their classrooms.
A number of recent bills have sought to amend the curriculum standards and frameworks, and
some have required instruction in a particular subject matter, like this bill requires. Because the
education code is permissive, districts can offer health education already, and many if not most
already do offer health education in high school.
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Science Education Standards & Graduation Requirements. The science education standards nor
the frameworks include information about organ procurement or tissue donation. SB 300
(Hancock), Chapter 624, Statutes of 2011, requires the science curriculum standards to be
revised by July 30, 2013, so there may be a revision of the standards in the near future. The
science curriculum framework was scheduled to be updated in 2010 but due to the fiscal
situation in the state and resulting budget actions, the development of curriculum framework and
adoption of instructional materials has been suspended until the 2015-16 school year (as noted
above). The revision and adoption of a science framework may be several years away given the
existing fiscal challenges.
High school students are required to complete two years of science as a graduation requirement.
It is unclear, however, which science disciplines are most appropriate for a discussion on organ
procurement or tissue donation. For example, it may be appropriate in a biology class, but may
not be appropriate in a physics or chemistry course. Therefore, the committee should consider
whether to amend the bill to clarify that the science framework should have this topic included,
as appropriate.
What Other States are Doing. Several other states either require or authorize instruction on
organ donation to high school students in health education courses or students in driving training
courses. These states include Illinois, Wisconsin, Iowa, New Mexico, Texas, Oklahoma,
Minnesota, Virginia, Arkansas, North Carolina, Indiana, Ohio, Washington, New Jersey, and
Louisiana.
Committee Amendment: Staff recommends the bill be amended to clarify that the subject of
organ procurement and tissue donation be included in the science framework as appropriate, so
that it is clear that not all science disciplines must have this topic included in the framework.
Arguments in Support: Intermountain Donor Services supports the bill and argues, "The goal of
AB 1967 is to educate California students about the importance of organ and tissue donation so
that they are able to make informed decisions about registering as organ and tissue donors when
asked this mandatory question on their DMV driver license/ID application form. Better
education about organ and tissue donation will lead to increasing the number of donor
registrations, with the result that the lives of more Californians can be saved and healed through
organ and tissue transplants."
Arguments in Opposition: California Right to Life opposes the bill and argues, "AB 1967 is
based on the findings that there are 21% Californians on the organ waiting list and only 18% of
drivers identifying themselves as organ or tissue donors. Students are a captive audience, and
they should not be impacted by an emotionally presented curriculum. When students do qualify
for their drivers' licenses, they will have adequate time to make informed choices and consider
becoming [an organ or tissue donor]. There may be moral or ethical reasons why a student
chooses not to participate in this program."
Previous legislation: SB 300 (Hancock), Chapter 624, Statutes of 2011, requires the State Board
of Education (SBE) to adopt revised science content standards by July 30, 2013, as specified.
AB 1118 (John A. Pérez) from 2011, which was held on the Assembly Appropriations Suspense
file, would have required the Curriculum Development and Supplemental Materials Commission
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(CDSMC) and the State Board of Education (SBE) to ensure the health framework, adopted in
the course of the next submission cycle, includes the subject of organ procurement and tissue
donation in the instruction provided to pupils in grades 9-10. Further it would have required a
school district, commencing with the 2012-13 school year, to provide pupils who are enrolled in
health classes in grades 9 and 10 at least 15 minutes of instruction in organ procurement and
tissue donation, as specified.
SB 552 (Padilla) from 2009, which was held on the Assembly Appropriations Suspense file,
required a school district, beginning with the 2010-11 school year, that offers health classes to
grade nine and ten pupils to provide at least 15 minutes of instruction on organ procurement and
tissue donation.
AB 1132 (Jones) from 2009, which was vetoed by the Governor, required the Department of
Motor Vehicles to make information available about organ donation as part of the online vehicle
registration renewal process. The Governor vetoed the bill with the following message:
“While I fully support the Donate Life program, this bill would cap the amount the
Department of Motor Vehicles can recover for its administrative costs under the program
and removes the flexibility of the Department to cover its future costs as inflation and
other expenditures increase.”
AB 1972 (Steinberg) from 2004, was held on the Assembly Appropriations Suspense File, would
have required at least 30 minutes of instruction regarding organ and tissue donation as part of the
driver education course requirement for grades 7-12.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
Association of California School Administrators
Blood Centers of California
California Medical Association
California Transplant Donor Network
Donate Life California
Donate Life Florida
Intermountain Donor Services
Lifeline of Ohio
National Organization for Renal Disease
New York Alliance for Donation
OneLegacy
Renal Support Network
Sierra Donor Services
University of Wisconsin Organ Procurement Organization
Many individuals
Opposition
California Right to Life
Analysis Prepared by:
Chelsea Kelley / ED. / (916) 319-2087