BILL NUMBER: SB 37 CHAPTERED
BILL TEXT
CHAPTER 673
FILED WITH SECRETARY OF STATE OCTOBER 7, 2005
APPROVED BY GOVERNOR OCTOBER 7, 2005
PASSED THE SENATE SEPTEMBER 8, 2005
PASSED THE ASSEMBLY SEPTEMBER 7, 2005
AMENDED IN ASSEMBLY SEPTEMBER 2, 2005
AMENDED IN ASSEMBLY AUGUST 15, 2005
AMENDED IN ASSEMBLY JULY 11, 2005
AMENDED IN ASSEMBLY JUNE 30, 2005
AMENDED IN ASSEMBLY JUNE 23, 2005
AMENDED IN ASSEMBLY JUNE 21, 2005
AMENDED IN SENATE APRIL 27, 2005
AMENDED IN SENATE APRIL 11, 2005
INTRODUCED BY Senator Speier
(Coauthors: Senators Alquist and Kuehl)
DECEMBER 16, 2004
An act to amend Section 35179.1 of, and to add Article 6.5
(commencing with Section 49030) to Chapter 6 of Part 27 of, the
Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 37, Speier Prohibited substances.
Existing law sets forth the rights and responsibilities of pupils
in public schools. Existing law further requires certain school
employees to comply with various educational requirements.
Existing law expresses legislative findings and declarations
regarding the need for education and training for interscholastic
athletic coaches. Existing law expresses the intent of the
Legislature to establish a California High School Coaching Education
and Training Program, that would emphasize specified components,
including sport physiology, which is described as principles of
training, fitness for sport, development of a training program, and
nutrition for athletes, to be administered by local school districts.
This bill would, in addition, describe the component of sport
physiology as instruction on the harmful effects associated with the
use of steroids and performance-enhancing dietary supplements by
adolescents. The bill would require each high school sports coach, as
defined, to complete a coaching education program developed by his
or her school district or by the California Interscholastic
Federation that meets those training requirements. The bill would
make that requirement operative on December 31, 2008.
The bill would prohibit specified dietary supplements from being
used by a pupil participating in interscholastic high school sports
60 days after specified information is posted on the State Department
of Education's Internet Web site, with certain requirements. The
bill would require the California Interscholastic Federation to amend
its constitution and bylaws to require that school districts
prohibit a pupil from participating in high school sports on and
after July 1, 2006, unless that pupil signs a pledge not to use
anabolic steroids without a prescription from a licensed health care
practioner or a prohibited dietary supplement and the parent or
guardian of that pupil signs a notification form regarding those
restrictions.
The bill would prohibit the marketing, sale, or distribution, as
specified, of prohibited dietary substances on a schoolsite or at a
school-related event.
The bill would establish the California Coaching Education Fund
and permit the State Treasurer to accept private donations that may
be expended, upon appropriation by the Legislature, for purposes of
training coaches, as specified in the bill.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35179.1 of the Education Code is amended to
read:
35179.1. (a) This section shall be known and may be cited as the
1998 California High School Coaching Education and Training Program.
(b) The Legislature finds and declares all of the following:
(1) The exploding demand in girls athletics, and an increase in
the number of pupils participating in both boys and girls athletics,
are causing an increase in the number of coaches needed statewide.
(2) Well-trained coaches are vital to the success of the
experience of a pupil in sports and interscholastic athletic
activities.
(3) Improvement in coaching is a primary need identified by
hundreds of principals, superintendents, and school board members who
participated in the development of a strategic plan for the
California Interscholastic Federation (CIF) in 1993 and 1994.
(4) There are many concerns about safety, training, organization,
philosophy, communications, and general management in coaching that
need to be addressed.
(5) It is a conservative estimate that at least 25,000 coaches
annually need training and an orientation just to meet current
coaching regulations contained in Title 5 of the California Code of
Regulations, including basic safety and CPR requirements.
(6) School districts, in conjunction with the California
Interscholastic Federation, have taken the initial first steps toward
building a statewide coaching education program by assembling a
faculty of statewide trainers composed of school district
administrators, coaches, and athletic directors using a national
program being used in several states.
(c) It is, therefore, the intent of the Legislature to establish a
California High School Coaching Education and Training Program. It
is the intent of the Legislature that the program be administered by
local school districts and emphasize the following components:
(1) Development of coaching philosophies consistent with school,
school district, and school board goals.
(2) Sport psychology: emphasizing communication, reinforcement of
the efforts of young people, effective delivery of coaching regarding
technique and motivation of the pupil athlete.
(3) Sport pedagogy: how young athletes learn, and how to teach
sport skills.
(4) Sport physiology: principles of training, fitness for sport,
development of a training program, nutrition for athletes, and the
harmful effects associated with the use of steroids and
performance-enhancing dietary supplements by adolescents.
(5) Sport management: team management, risk management, and
working within the context of an entire school program.
(6) Training: certification in CPR and first aid.
(7) Knowledge of, and adherence to, statewide rules and
regulations, as well as school regulations including, but not
necessarily limited to, eligibility, gender equity and
discrimination.
(8) Sound planning and goal setting.
(d) This section does not endorse a particular coaching education
or training program.
SEC. 2. Article 6.5 (commencing with Section 49030) is added to
Chapter 6 of Part 27 of the Education Code, to read:
Article 6.5. Performance-Enhancing Substances
49030. (a) Sixty days after the posting of the United States
Guide to Prohibited Substances and Prohibited Methods of Doping on
the Web site of the department pursuant to subdivision (b), dietary
supplements, as defined by subsection (ff) of Section 321 of Title 21
of the United States Code, that include any of the following
substances, are prohibited from being used by a pupil participating
in interscholastic high school sports:
(1) Synephrine.
(2) A prohibited substance enumerated by the United States
Anti-Doping Agency Guide to Prohibited Substances and Prohibited
Methods of Doping.
(b) The State Department of Health Services shall provide the
State Department of Education with the United States Anti-Doping
Agency Guide to Prohibited Substances and Prohibited Methods of
Doping, on or before March 30, 2006. Upon receipt of the guide, the
State Department of Education shall notify each school district that
serves pupils in grades 9 to 12, inclusive, that the guide has been
completed and shall post the guide on its Web site. The State
Department of Health Services shall annually notify the State
Department of Education of any amendments to the guide for the
following school year. For an amendment to be applicable for the
ensuing school year, the State Department of Health Services shall
notify the State Department of Education as to that amendment no
later than the March 30 immediately preceding the school year to
which the amendment is to be applicable. Upon receipt of this notice,
the State Department of Education shall notify each school district
that serves pupils in grades 9 to 12, inclusive, that the guide has
been amended and shall post the amended guide on its Web site. An
amendment become effective until 60 days after the department posts
the amended guide on its Web site.
49031. (a) A school may not accept a sponsorship from a
manufacturer of a dietary supplement described in subdivision (a) of
Section 49030, or from the distributor of a dietary supplement
described in subdivision (a) of Section 49030 whose name appears on
the labeling of the dietary supplement.
(b) A dietary supplement prohibited by Section 49030 may not be
marketed on a schoolsite or at a school-related event.
(c) A dietary supplement prohibited by Section 49030 may not be
sold or distributed on a schoolsite or at a school-related event.
(d) (1) For purposes of subdivision (b), "market" includes, but is
not limited to, all of the following:
(A) Direct product advertising.
(B) Provision of educational materials.
(C) Product promotion by a school district employee or school
district volunteer.
(D) Product placement.
(E) Clothing or equipment giveaways.
(F) Scholarships.
(2) For purposes of subdivision (b), "market" does not include the
inadvertent display of a product name or product advertising by a
person who is not a manufacturer or distributor of a dietary
supplement described in subdivision (a) of Section 49030.
(e) Subdivision (a) does not apply to either of the following:
(1) An affiliate of a manufacturer or distributor of a dietary
supplement described in subdivision (a) of Section 49030 if the
affiliate does not manufacture or distribute a dietary supplement
described in subdivision (a).
(2) A manufacturer or distributor of a dietary supplement
described in subdivision (a) if no more than 50 percent of its annual
gross sales are derived from the manufacture or distribution of
dietary supplements as defined in subsection (ff) of Section 321 of
Title 21 of the United States Code.
49032. (a) (1) Effective December 31, 2008, each high school
sports coach shall have completed a coaching education program
developed by his or her school district or the California
Interscholastic Federation that meets the guidelines set forth in
Section 35179.1.
(2) The coaching education program described by paragraph (1) may
be taught by an athletic director or high school sports coach who is
deemed to be qualified by the California Interscholastic Federation.
(b) Upon completion of the program, a high school sports coach
shall be deemed to have completed the education requirement for the
remainder of his or her time coaching at the high school level in any
school district in the state.
(c) Each high school sports coach shall be responsible for the
costs of taking the course.
(d) The training requirements of this section shall count toward
the continuing education required for the renewal of the teaching
credential of a coach who is also a certificated employee.
(e) Notwithstanding subdivision (a), a high school sports coach
who does not meet the requirements of subdivision (a) may be used for
no longer than one season of interscholastic competition.
(f) For the purposes of this section, "high school sports coach"
means an employee or a volunteer who is authorized by a high school
to be responsible for leading a school sports team of pupil athletes.
49033. The California Interscholastic Federation shall amend its
constitution and bylaws to require, as a condition of participation
in interscholastic sports, that school districts effective July 1,
2006, upon the notification provided pursuant to subdivision (b) of
Section 49030, shall prohibit a pupil from participating in
interscholastic high school sports, unless that pupil signs a pledge
not to use anabolic steroids, as defined in Section 802 of Title 21
of the United States Code, without a prescription from a licensed
health care practitioner or a dietary supplement prohibited by
Section 49030 and the parent and guardian of that pupil signs a
notification form regarding those restrictions.
49034. (a) The State Treasurer may accept voluntary contributions
for the purpose of offsetting costs of training coaches pursuant to
Sections 35179.2 and 35179.3. Contributions received by the State
Treasurer shall be deposited in the California Coaching Education
Fund, which is hereby created in the State Treasury.
(b) Funds deposited in the California Coaching Education Fund are
available upon appropriation by the Legislature and may only be
expended for purposes of Sections 35179.2 and 35179.3, and for
administration of the California Coaching Education Fund.