Bill Text: CA AB70 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public postsecondary education: genetic testing.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2010-08-11 - In committee: Set, first hearing. Failed passage. [AB70 Detail]

Download: California-2009-AB70-Amended.html

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BILL NUMBER: AB 70	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010

INTRODUCED BY   Assembly Member  Duvall   Norby


                        DECEMBER 12, 2008

    An act to add Section 313.5 to the Education Code,
relating to English learners.   An act to add and repeal
Section 66019.7 of the Education Code, relating to public
postsecondary education, and declaring the urgency thereof, to take
effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 70, as amended,  Duvall   Norby  .
 English learners.   Public postsecondary
education: genetic testing.  
   (1) Existing law, known as the Donahoe Higher Education Act, sets
forth the missions of the various segments of public postsecondary
education in this state. The segments of public postsecondary
education in this state are the California State University, the
University of California, and the California Community Colleges. The
provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the Regents of the
University of California act by resolution to make them applicable.
 
   This bill would add to the Donahoe Higher Education Act a
provision prohibiting the California State University from, and
requesting the University of California to refrain from, making an
unsolicited request to an enrolled or prospective student of that
segment for a DNA sample for the purpose of genetic testing. The bill
would specify that it does not prohibit a licensed health care
provider in a university facility from performing genetic testing and
counseling in the course of a patient's medical care.  
   The bill would require the University of California to report, on
a quarterly basis, in writing, the total amount of any expenditures,
irrespective of source, the university makes in order to make an
unsolicited request or requests to any enrolled or prospective
student of that segment for a DNA sample for the purpose of genetic
testing. The bill would require that the first of these quarterly
reports be submitted to the Controller, the Governor, and the
Legislature on or before January 1, 2011, and include all university
expenditures for this purpose that have occurred prior to the date of
the report.  
   The bill would require the Controller to revert to the General
Fund an amount equal to the amount of any expenditures reported
pursuant to the bill from any unencumbered moneys that have been
previously appropriated from the General Fund to the University of
California. The bill would require that subsequent quarterly reports
be submitted on or before January 1, April 1, July 1, and October 1
of each year while this provision is operative.  
   These provisions would be repealed on January 1, 2015.  
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.  
   Existing law requires a school district that has one or more
pupils who are English learners to assess the English language
development of each pupil in order to determine the level of English
proficiency of the pupil. The State Department of Education, with
approval of the State Board of Education, is required to establish
procedures for conducting the assessment and for the reclassification
of a pupil from English learner to proficient in English. These
reclassification procedures are required to use multiple criteria,
including the English language development test, teacher evaluation,
parental opinion and consultation, and comparison of the performance
in basic skills of the pupil against a range of performance in basic
skills of English proficient pupils.  
   This bill would require the department, as part of its duties in
administering the English language development test, to gather from
each school district that has one or more English learners the
criteria that the district uses for the reclassification of a pupil
from English learner to proficient in English and to summarize and
report the criteria it receives from school districts on the Internet
Web site of the department in a manner that makes the criteria
easily accessible to members of the public. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  

   (a) The collection, testing, and storage of genetic material pose
unique challenges to protecting individual privacy.
   (b) Recent research demonstrates that even seemingly anonymous
genetic data can be used to identify individual research subjects.
   (c) The Protection of Human Subjects in Medical Experimentation
Act (Chapter 1.3 (commencing with Section 24170) of Division 20 of
the Health and Safety Code) requires that subjects receive
substantial written and verbal explanations before they can provide
informed consent.
   (d) Universities design programs to engage the student body and
encourage broad participation, and students may feel coerced to
participate in official activities involving widespread genetic
testing.
   (e) The federal Government Accountability Office concluded in 2006
that genetic tests to inform dietary and nutritional choices "are
medically unproven," "mislead consumers," and "do not provide
meaningful information."
   (f) A student who voluntarily provides DNA to a public institution
of higher education could suffer consequences later in life, if some
future occurrence causes the confidentiality of the DNA sample to be
compromised in some manner.
   (g) For example, in May 2009, a hacking attack at the University
of California, Berkeley, compromised the security of the medical
information of approximately 100,000 current and former students.

   SEC. 2.    Section 66019.7 is added to the  
Education Code   , to read:  
   66019.7.  (a) Notwithstanding any other law:
   (1) The California State University is prohibited from, and the
University of California is requested to refrain from, making an
unsolicited request to an enrolled or prospective student of that
segment for a DNA sample for the purpose of genetic testing. This
section does not prohibit a licensed health care provider in a
university facility from performing genetic testing and counseling in
the course of a patient's medical care.
   (2) The University of California shall report, on a quarterly
basis, in writing, the total amount of any expenditures, irrespective
of source, the university makes in order to make an unsolicited
request or requests to any enrolled or prospective student of that
segment for a DNA sample for the purpose of genetic testing. The
first of the quarterly reports required by this section shall be
submitted to the Controller, the Governor, and the Legislature on or
before January 1, 2011, and shall report all university expenditures
for this purpose that have occurred prior to the date of the report.
Subsequent quarterly reports under this section shall be submitted on
or before January 1, April 1, July 1, and October 1 of each year
while this section is operative.
   (3) The Controller shall revert to the General Fund an amount
equal to the amount of any expenditures reported pursuant to
paragraph (2) from any unencumbered moneys that have been previously
appropriated from the General Fund to the University of California.
   (b) (1) A report to be submitted pursuant to paragraph (2) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
   (2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2015. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect students of the California State University
and the University of California from unsolicited requests to submit
to genetic testing prior to the commencement of the 2010-11 academic
year, it is necessary that this act take effect immediately. 

  SECTION 1.    Section 313.5 is added to the
Education Code, to read:
   313.5.  (a) As part of its duties in administering the English
language development test, the department shall gather from each
school district that has one or more English learners the criteria
that the district uses for the reclassification of a pupil from
English learner to proficient in English. The department shall
summarize and report the criteria it receives from school districts
on the Internet Web site of the department in a manner that makes the
criteria easily accessible to members of the public.
   (b) For purposes of this section, "school district" includes a
county office of education and a charter school.