AMENDED IN ASSEMBLY AUGUST 22, 2024

AMENDED IN ASSEMBLY JUNE 17, 2024

AMENDED IN SENATE APRIL 8, 2024

AMENDED IN SENATE MARCH 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

93

CHAPTER 872

Statutes of 2024

[ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ]

Introduced by Senator Portantino

(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)

January 31, 2024

An act to add Section 49414.6 to the Education Code, relating to pupil health.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided.

This bill would prohibit school districts, county offices of education, and charter schools from prohibiting pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.

The people of the State of California do enact as follows:

SECTION 1.

Section 49414.6 is added to the Education Code, to read:

49414.6.

(a) Notwithstanding any other law or regulation, local educational agencies shall not prohibit pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.

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