AB 677: Pupil records and health: pupils experiencing homelessness: directory information and reporting.

49073.

(a) School districts shall adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released. The school district shall determine which individuals, officials, or organizations may receive directory information. However, no information may be released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment before graduation may be provided to a private school or college operating under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 or its authorized representative. However, no such private school or college shall use that information for other than purposes directly related to the academic or professional goals of the institution, and a violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500). In addition, the privilege of the private school or college to receive the information shall be suspended for a period of two years from the time of discovery of the misuse of the information. Any school district may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based upon a determination of the best interests of pupils.

(b) Directory information may be released according to local policy as to any pupil or former pupil. However, notice shall be given at least on an annual basis of the categories of information that the school district plans to release and of the recipients. Directory information shall not be released regarding a pupil if a parent of that pupil has notified the school district that the information shall not be released.

(c) (1) Directory information shall not be released regarding a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), unless a parent, or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written consent that directory information may be released.

(2) (A) Notwithstanding paragraph (1), directory information of a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) may be disclosed, as authorized by school district policy in accordance with subdivision (a), to facilitate an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8, unless the parent or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written notice to the school that they do not consent to the physical examination pursuant to Section 49451, subdivision (b) of, or subparagraph (C) of paragraph (2) of subdivision (d) of, Section 49452.8, or subdivision (f) of Section 49455.

(B) Directory information disclosed pursuant to subparagraph (A) shall only be disclosed for the purpose of facilitating an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8.

49452.8.

(a) (1) A pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, no later than May 31 of the school year, shall present proof of having received an oral health assessment by a licensed dentist, or other licensed or registered dental health professional operating within the professional’s scope of practice, that was performed no earlier than 12 months before the date of the initial enrollment of the pupil.

(2) For purposes of this section, “kindergarten” includes both transitional kindergarten and kindergarten. The proof described in subdivision (a) shall be required only once during a two-year kindergarten program.

(b) The parent or legal guardian of a pupil may be excused from complying with subdivision (a) by indicating on the form described in subdivision (d) that the oral health assessment could not be completed because of one or more of the reasons provided in subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (d).

(c) A public school shall notify the parent or legal guardian of a pupil described in subdivision (a) concerning the assessment requirement. The notification, at a minimum, shall consist of a letter that includes all of the following:

(1) An explanation of the administrative requirements of this section.

(2) Information on the importance of primary teeth.

(3) Information on the importance of oral health to overall health and to learning.

(4) A toll-free telephone number to request an application for Medi-Cal or other government-subsidized health insurance programs.

(5) Contact information for county public health departments.

(6) A statement of privacy applicable under state and federal laws and regulations.

(d) In order to ensure uniform data collection, the department, in consultation with the state dental director and interested persons, shall develop, revise as necessary, and make available on the internet website of the department, a standardized notification form as specified in subdivision (c) that shall be used by each school district. The standardized form shall include all of the following:

(1) A section to be used by the licensed dentist or other licensed or registered dental health professional performing the assessment to record information that is consistent with the information collected on the oral health assessment form developed by the Association of State and Territorial Dental Directors.

(2) A section in which the parent or legal guardian of a pupil can indicate the reason why an assessment could not be completed by marking the box next to the appropriate reason. The reasons for not completing an assessment shall include all of the following:

(A) Completion of an assessment poses an undue financial burden on the parent or legal guardian.

(B) Lack of access by the parent or legal guardian to a licensed dentist or other licensed or registered dental health professional.

(C) The parent or legal guardian does not consent to an assessment.

(3) (A) A section stating that, if a school or school district hosts a free oral health assessment event at which licensed dentists or other licensed or registered dental health professionals perform schoolsite assessments of pupils enrolled in the school, a pupil shall be given an oral health assessment unless the parent or legal guardian of the pupil has opted out of the schoolsite assessment pursuant to subparagraph (B).

(B) A section in which the parent or legal guardian of a pupil can indicate that the parent or legal guardian does not consent to the pupil receiving the oral health assessment described in subparagraph (A). A failure to opt out of the pupil oral health assessment pursuant to this subparagraph shall not be deemed to be consent for dental treatment of any kind.

(C) A section informing the parent or legal guardian that a pupil shall not receive dental treatment of any kind as part of the schoolsite assessment described in subparagraph (A) unless the pupil’s parent or legal guardian has provided informed consent for the treatment.

(e) Upon receiving completed assessments, all school districts, by July 1 of each year, shall submit a report to a system designated by the state dental director for the collection of those reports or the county office of education of the county in which the school district is located, or both. The report shall include all of the following:

(1) The total number of pupils in the school district, by school, who are subject to the requirement to present proof of having received an oral health assessment pursuant to subdivision (a).

(2) The total number of pupils described in paragraph (1) who present proof of an assessment.

(3) The total number of pupils described in paragraph (1) who could not complete an assessment due to financial burden.

(4) The total number of pupils described in paragraph (1) who could not complete an assessment due to lack of access to a licensed dentist or other licensed or registered dental health professional.

(5) The total number of pupils described in paragraph (1) who could not complete an assessment because their parents or legal guardians did not consent to their child receiving the assessment.

(6) The total number of pupils described in paragraph (1) who are assessed and found to have had caries experience.

(7) The total number of pupils described in paragraph (1) who are assessed and found to have untreated decay.

(8) The total number of pupils described in paragraph (1) who did not return either the assessment form or the waiver request to the school.

(f) All school districts that have fulfilled the report requirement described in subdivision (e) by submitting a report to the county office of education and all county offices of education are encouraged to submit the report described in subdivision (e) to a system designated by the state dental director for the collection of those reports.

(g) Each county office of education shall maintain the data described in subdivision (e) in a manner that allows the county office of education to release it upon request.

(h) This section does not prohibit any of the following:

(1) County offices of education from sharing aggregate data collected pursuant to this section with other governmental agencies, philanthropic organizations, or other nonprofit organizations for the purpose of data analysis.

(2) Use of assessment data that is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) for purposes of conducting research and analysis on the oral health status of public school pupils in California.

(i) (1) This section does not preclude a school district or county office of education from developing a schoolsite-based oral health assessment program to meet the requirements of this section.

(2) If a school district or county office of education hosts an oral health assessment program, reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from this oral health assessment should be made by alternative communication channels rather than mail, when possible.

(j) The Office of Oral Health of the Chronic Disease Control Branch of the State Department of Public Health shall conduct or provide for the conducting of periodic evaluations of the requirements imposed by this section. The Office of Oral Health may receive private funds and contract with the University of California to fulfill the duties described in this subdivision.

(k) Funds appropriated in the annual Budget Act for the activities required by this section shall first be used to offset reimbursement provided to local educational agencies pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for state-mandated costs imposed by this section.

49455.5.

(a) A local educational agency maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit eye examination provider to provide eye examinations to pupils at any schoolsite within the local educational agency. Eye examinations provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be noninvasive and provided exclusively for the purpose of providing eyeglasses. Examination providers providing eye examinations pursuant to this section shall provide reports to parents and guardians consistent with Section 49456.

(b) (1) Before an eye examination is provided at a schoolsite pursuant to subdivision (a), the local educational agency shall have a memorandum of understanding in place with a nonprofit eye examination provider, including, but not limited to, a nonprofit mobile eye examination provider, and the school shall notify parents and guardians of the upcoming provision of eye examinations at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that they do not consent to an eye examination being provided, pursuant to subdivision (a), to their child. The parent or guardian may opt out of their child receiving an eye examination, pursuant to subdivision (a), by submitting the completed form to the school before an eye examination is provided at the schoolsite. Except as provided in clause (ii) of subparagraph (D) of paragraph (3) of subdivision (d), a parent or guardian who submits a written statement in accordance with Section 49451 is deemed to have opted out of their child receiving an eye examination pursuant to subdivision (a).

(2) No later than March 1, 2023, the department shall develop and post on appropriate department internet websites a model opt-out form for purposes of paragraph (1).

(c) (1) Notwithstanding any other law and subject to paragraph (3), participating licensed health care professionals, including independent contractors of those professionals, shall have immunity from civil and criminal liability, and shall not be subject to disciplinary action by a licensing board, for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12.

(2) Notwithstanding any other law and subject to paragraph (3), participating local educational agencies shall have immunity from civil and criminal liability for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12.

(3) This subdivision does not affect any of the following:

(A) A person’s liability for damages caused by an act or omission that constitutes gross negligence or willful or wanton misconduct.

(B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this section.

(C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this section.

(D) (i) The ability of a parent or guardian, having control or charge of a pupil enrolled in the school, to file an annual written statement pursuant to Section 49451, stating that they do not consent to a physical examination of their child, thereby exempting the pupil from any physical examination, including, but not limited to, the eye examination authorized in this section.

(ii) Notwithstanding the filing of a written statement exempting a child from any physical examination in accordance with Section 49451, a parent or guardian having control or charge of any child enrolled in the school may consent to an eye examination authorized in this section by means of executing a written consent to the examination, a copy of which shall be provided to the parent or guardian and the school.

(d) Eye examination providers providing eye examinations to pupils at a school pursuant to this section are subject to, and shall comply with, Section 51520.

(e) Any nonprofit eye examination provider, participating licensed health care professional, including independent contractors of these professionals, or other entity providing services under this section shall comply with the requirements of Section 45125.1 before interacting with any pupils.

(f) Reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from an eye examination facilitated by a nonprofit eye examination provider pursuant to this section should be made by alternative communication channels rather than mail, when possible.

(g) For purposes of this section, the following definitions apply:

(1) “Local educational agency” means a school district, county office of education, or charter school.

(2) “Nonprofit mobile eye examination provider” means a nonprofit owner and operator of a “mobile optometric office,” as defined in subdivision (a) of Section 3070.2 of the Business and Professions Code.