Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state. Existing law requires the California Interscholastic Federation (CIF), in consultation with the State Department of Education, to develop, by no later than July 1, 2024, guidelines, procedures, and safety standards for the prevention and management of exertional heat illness, as provided.

This bill would require the department, on or before January 1, 2026, and in consultation with relevant stakeholders and experts, to compile and post on the departments internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions, and would require those standardized guidelines to consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. The bill would authorize the department, in consultation with relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet those requirements.

The bill would require school districts, county offices of education, and charter schools, on or before July 1, 2026, to develop, adopt, and implement weather protocols for extreme weather conditions, and would require the weather protocols to incorporate the standardized guidelines compiled by the department and to detail the specific measures to be taken during extreme weather conditions, as specified. The bill would require the weather protocols to be annually reviewed, evaluated, and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. The bill would apply these provisions to physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the CIF, which the bill would instead require to comply with the established CIF guidelines. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would, commencing July 1, 2026, require the department to provide technical assistance to local educational agencies in the implementation of their weather protocols.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state. Existing law requires the California Interscholastic Federation (CIF), in consultation with the State Department of Education, to develop, by no later than July 1, 2024, guidelines, procedures, and safety standards for the prevention and management of exertional heat illness, as provided.

This bill would require the department, on or before January 1, 2026, and in consultation with relevant stakeholders and experts, to compile and post on the departments internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions, and would require those standardized guidelines to consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. The bill would authorize the department, in consultation with relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet those requirements.

The bill would require school districts, county offices of education, and charter schools, on or before July 1, 2026, to develop, adopt, and implement weather protocols for extreme weather conditions, and would require the weather protocols to incorporate the standardized guidelines compiled by the department and to detail the specific measures to be taken during extreme weather conditions, as specified. The bill would require the weather protocols to be annually reviewed, evaluated, and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. The bill would apply these provisions to physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the CIF, which the bill would instead require to comply with the established CIF guidelines. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would, commencing July 1, 2026, require the department to provide technical assistance to local educational agencies in the implementation of their weather protocols.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state. Existing law requires the California Interscholastic Federation (CIF), in consultation with the State Department of Education, to develop, by no later than July 1, 2024, guidelines, procedures, and safety standards for the prevention and management of exertional heat illness, as provided.

This bill would require the department, on or before January 1, 2026, and in consultation with relevant stakeholders and experts, to establish compile and post on the departments internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions, and would require those standardized guidelines to consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. The bill would authorize the department, in consultation with relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet those requirements.

The bill would require school districts, county offices of education, and charter schools, on or before July 1, 2026, to develop, adopt, and implement a weather policy that includes weather protocols for extreme weather conditions, and would require the weather policy protocols to incorporate the standardized guidelines developed compiled by the department and to detail the specific measures to be taken during extreme weather conditions, as specified. The bill would require that the weather policy the weather protocols to be annually reviewed, evaluated, and and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. The bill would apply these provisions to physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the CIF, which the bill would instead require to comply with the established CIF guidelines. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would, commencing July 1, 2026, require the department to identify any local educational agency that is not in compliance with the above-described provisions to provide targeted technical assistance and resources to those identified local educational agencies for the development and implementation of their respective weather policy, as specified. provide technical assistance to local educational agencies in the implementation of their weather protocols.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state.

This bill would require the department, on or before January 1, 2026, and in consultation with the California Health and Human Services Agency and other relevant stakeholders and experts, to establish and post on the departments internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions, and would require those standardized guidelines to consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. The bill would authorize the department, in consultation with the agency and other relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet those requirements.

The bill would require school districts, county offices of education, and charter schools, on or before July 1, 2026, to develop, adopt, and implement a weather policy that includes protocols for extreme weather conditions, and would require the weather policy to incorporate the standardized guidelines developed by the department and to detail the specific measures to be taken during extreme weather conditions, as specified. The bill would require that the weather policy be annually reviewed, evaluated, and updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would, commencing July 1, 2026, require the department to identify any local educational agency that is not in compliance with the above-described provisions to provide targeted technical assistance and resources to those identified local educational agencies for the development and implementation of their respective weather policy, as specified.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state.

This bill would require the department, on or before January 1, 2026, and in consultation with the California Health and Human Services Agency and other relevant stakeholders and experts, to establish and post on the departments internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions, and would require those standardized guidelines to consider relevant factors, including, but not limited to, humidity, pupil ages, harmful duration of exposure, exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. The bill would authorize the department, in consultation with the agency and other relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet those requirements.

The bill would require school districts, county offices of education, and charter schools to adhere to the guidelines developed by the department in order to protect pupils from the risks of exposure to extreme weather conditions, and by schools, on or before July 1, 2026, to develop, adopt, and implement a weather policy that includes provisions protocols for extreme weather conditions, as provided. The bill and would require the weather policy to incorporate the standardized guidelines developed by the department and to detail the specific measures to be taken during extreme weather conditions, as specified. The bill would require that the weather policy be annually reviewed, evaluated, and updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would require each local educational agency to keep records of their adherence to the weather policy during extreme weather conditions, and would would, commencing July 1, 2026, require the department to establish reporting requirements for local educational agencies to provide information on their compliance with these provisions. identify any local educational agency that is not in compliance with the above-described provisions to provide targeted technical assistance and resources to those identified local educational agencies for the development and implementation of their respective weather policy, as specified.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Education to adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools of the state.

This bill would require the department, on or before January 1, 2026, and in consultation with relevant stakeholders and experts, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions, and would require those guidelines to consider relevant factors, including, but not limited to, humidity, pupil ages, duration of exposure, and available mitigation measures.

The bill would require school districts, county offices of education, and charter schools to adhere to the guidelines developed by the department in order to protect pupils from the risks of exposure to extreme weather conditions, and by July 1, 2026, to develop, adopt, and implement a weather policy that includes provisions for extreme weather conditions, as provided. The bill would require the weather policy to incorporate the guidelines developed by the department and to detail the specific measures to be taken during extreme weather conditions, as specified.

The bill would require each local educational agency to keep records of their adherence to the weather policy during extreme weather conditions, and would require the department to establish reporting requirements for local educational agencies to provide information on their compliance with these provisions.

The bill would make the implementation of these provisions subject to an appropriation made for these purposes in the annual Budget Act or another statute.

By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 UNFINISHED BUSINESS  

Bill No: SB 1248

Author: Hurtado (D), et al.

Amended: 6/27/24

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 4/3/24

AYES: Newman, Ochoa Bogh, Cortese, Gonzalez, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Glazer

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SENATE FLOOR: 37-0, 5/23/24

AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen, Archuleta, Newman

ASSEMBLY FLOOR: 77-0, 8/26/24 - See last page for vote

SUBJECT: Pupil health: extreme weather conditions: physical activity

SOURCE: Author

DIGEST:

This bill requires, subject to an appropriation, by January 1, 2026, the California Department of Education (CDE) to compile and post on its website standardized guidelines that would trigger modifications to student physical activities during extreme weather conditions. Also requires, by July 1, 2026, each local educational agency (LEA) in the state to develop, implement, and annually review extreme weather protocols related to student physical activities outdoors. The protocols are to incorporate the standardized guidelines developed by CDE and CDE is to provide assistance to LEAs in implementing the protocols.

Assembly Amendments

1. Clarify that the CDE is responsible to compile guidelines using existing resources and frameworks related to heat-related thresholds and indices.
2. Identify existing guidance and tools that CDE may use.
3. Clarify that an LEA must develop weather protocols based upon the guidelines identified by the CDE.
4. Require LEAs to consult with local relevant agencies and experts.
5. Remove the requirement for the CDE to monitor compliance with the requirement to develop weather protocols and require the CDE to provide technical assistance to LEAs.
6. Remove reference to climate conditions and wildfires in the definition of extreme weather conditions.
7. Specify that physical activity refers to physical education classes and school sports activities not under the jurisdiction of the CIF.
8. Specify that physical activity does not include interscholastic athletic programs administered by the CIF as they must comply with current law, pursuant to Section 35179.8.

ANALYSIS:

Existing Law:

1. Requires the California Interscholastic Federation (CIF), in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness in order to better protect student athletes participating in athletics. (Education Code (EC) § 35179.8)
2. Requires an LEA or charter school that elects to offer any interscholastic athletic program, the governing board of the school district, or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest, heat illness, and other medical emergencies related to the athletic program’s activities or events. (EC § 35179.4.)
3. Requires a high school coach, among other qualifications, to receive a certification in CPR and first aid, including, but not limited to, a basic understanding of the signs and symptoms of concussions and heat illness and the appropriate response to concussions and heat illness. Concussion or heat illness training may be fulfilled through entities offering free, online, or other training courses. “Heat illness” includes cramps, syncope, exhaustion, and exertional heat stroke. (EC § 35179.1 et. seq)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC § 49032)

This bill:

1. Requires, subject to an appropriation, by January 1, 2026, the California Department of Education (CDE) to compile and post on its website standardized guidelines that would trigger modifications to student physical activities during extreme weather conditions.
2. Requires the CDE's guidelines to specify temperature thresholds or index ratings that trigger modifications to student physical activities during extreme weather conditions. The standardized guidelines are to consider relevant factors, including student ages, harmful duration of exposure to extreme weather conditions, overall student safety, and available mitigation measures.
3. Requires the CDE to consult relevant stakeholders and experts when compiling the guidelines and may use existing resources or frameworks, such as the California Department of Public Health's (CPDH) Guidance on Sports and Strenuous Activities During Extreme Heat, the National Weather Service's HeatRisk forecast tool, and guidelines established by the California Interscholastic Federation (CIF).
4. Requires, by July 1, 2026, each LEA in the state to develop, implement, and annually review extreme weather protocols related to student physical activities outdoors. The protocols are to incorporate the standardized guidelines developed by the CDE.
5. In addition to incorporating the standardized guidelines developed by CDE, LEA extreme weather protocols are to include the following:
6. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities;
7. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions;
8. Protocols for communicating with staff, students, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions;
9. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions;
10. Training for staff members on recognizing signs of weather-related distress in students and appropriate response measures; and
11. Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources.
12. Requires the LEA protocols to be applied to physical education classes, sports, and athletic practices and games sponsored by an LEA, except for those athletic programs administered by the CIF.
13. Requires, beginning January 1, 2026, the CDE to provide technical assistance to LEAs in the implementation of their individual extreme weather protocols.

Comments

1. Need for the bill. According to the author, “I first want to express my utmost admiration for the family of Yahushua Robinson, the twelve year student who lost his life due to heat related illness during on-campus physical education, for lending their emotional strength and compassion for others in this process to help ensure that no other family has to experience this pain.”

“Unfortunately, we presently find ourselves in a time where the realities of climate change are becoming increasingly evident. Extreme weather patterns, from scorching heat to freezing temperatures, relentless droughts to torrential rains and floods, are reshaping our lives in profound ways. Studies have unequivocally shown that our environment is undergoing drastic shifts in weather patterns, posing significant threats to our overall health and safety. No student should ever face the risk of losing their life due to extreme weather conditions while on campus. It is our collective responsibility as a state and as a community to ensure the safety and well-being of our pupils by taking comprehensive action. This includes implementing statewide plans that prioritize preparedness and minimize exposure to the most harmful effects of climate change.”

“SB 1248, Yahushua’s Law, requires the Department of Education to establish uniform standards that guide schools and school districts in developing tailored extreme weather plans for, meeting their specific needs while maintaining a consistent statewide standard for student protection. By taking proactive measures and implementing comprehensive guidelines, we can better protect our students and mitigate the impacts of climate change on their safety and well-being.”

1. Extreme Weather Conditions. California's climate will become hotter, drier, and more variable, increasing the risk of wildfires, droughts, floods, biodiversity loss, and rising sea levels. The economic cost of these losses by 2050 will exceed $100 billion annually. Global temperatures are rising, with nine of the ten hottest years recorded in the last decade. By 2025, California's statewide average temperature is predicted to increase by 1.9°F, and by 2050, by 4.6°F. Populations in wealthier parts of the state along the coast are at greater risk for health-related issues due to inadequate built environments for warmer temperatures. Urban areas have higher temperatures due to the urban heat island effect, increasing health risks associated with extreme heat. Strategies such as shading, green spaces, and better building and paving materials can mitigate the urban heat island effect.
2. How Does Weather Impact Student Learning and Physical Activity? Climate change is making wildfires and heat waves more frequent, which will result in schools responding to more climate-driven emergencies and public health issues. Extreme weather conditions will harm student learning, schools, and district budgets. This will cause school closures to increase, leading to a shift between in-person and remote learning. According to the Legislative Analyst Office (LAO), from 2017-18 and 2019-20, more than 1,600 schools were closed annually due to wildfires, affecting around 950,000 students. In some areas of the state, flooding could also disrupt the ability of educators and students to attend school, impacting school facilities on a short- or long-term basis. Such closures can disrupt education services, school meals, childcare, and other services, leading to food insecurity, learning loss, and poorer academic outcomes.

Under the existing law, LEAs are required to provide physical education and recess to students. However, these opportunities can also expose students to extreme heat, which may lead to heat illness and other related health issues. In January 2005, the California Board of Education approved the Physical Education Model Content Standards for California Public Schools: Kindergarten through Grade Twelve. These standards define the knowledge and skills that students should acquire through a quality physical education program. The third and fourth standards require students to participate safely in moderate to vigorous physical activity in atypical conditions, and also provide alternative physical activities that can be performed if one's physical fitness program is disrupted due to inclement weather, travel from home or school, or minor injury.

1. Guidance for Schools on Sports and Strenuous Activities During Extreme Heat. The CDE provides resources and guidance for schools on their website regarding sports and other strenuous activities.

Like other states, California's geography makes it prone to hot temperatures, with little chance of rain. This exposes various cities and deserts to extreme heat, which can have a significant impact on the body, causing nausea, unconsciousness, dehydration, and strokes. Therefore, the CDE has compiled a list of resources to aid LEAs, COE, and charter schools in dealing with extreme heat. Additionally, last year, AB 1653 (Sanchez, Chapter 589, Statutes of 2023) was passed by the Legislature, requiring the CDE to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when Wet Bulb Globe Thermometer (WBGT) readings reach specified levels. The governing boards of the school district or the charter school's governing body must also ensure a written emergency action plan that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events. These guidelines and procedures must be developed before July 1, 2024.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, “Ongoing General Fund cost pressures of $162,000 to CDE for one position to coordinate and develop standardized guidelines related to extreme weather conditions and to provide ongoing technical assistance to LEAs in the implementation of their extreme weather protocols. One-time and ongoing Proposition 98 General Fund cost pressures, of an unknown amount, potentially in the low millions of dollars total, to LEAs to develop, implement, and annually review extreme weather protocols. Costs to LEAs would be higher at the outset to develop the protocols and train staff. Assuming costs to develop a protocol is $1,000 per LEA for staff time, one-time costs would be $2 million. Ongoing cost drivers would include implementation of the protocols, for example, costs to LEAs associated designating indoor alternative activities that can be safely conducted during extreme weather conditions, training of new staff on the protocols, and annually reviewing the protocols. Including charter schools, California has over 2,000 LEAs.”

SUPPORT: (Verified 8/27/24)

American Academy of Pediatrics, California
Bold Enterprises LLC
California Black Women's Collective Empowerment Institute
California Teachers Association
CFT- a Union of Educators & Classified Professionals, AFT, AFL-CIO
Familias Empoderadas del Valle Central
Grace and Truth Worship Ministry
Murrieta-Temecula Area Alumnae Chapter of Delta Sigma Theta Sorority
My Sister's Keeper Success Institute
NAACP Branch 1034
National Action Network
Office of The Riverside County Superintendent of Schools
The Black Student Advocate
Trust for Public Land
Ventura County Alumnae Chapter of Delta Sigma Theta Sorority

3 Individuals

OPPOSITION: (Verified 8/27/24)

None received

ARGUMENTS IN SUPPORT: According to The American Academy of Pediatrics California, “Extreme weather conditions pose significant risks to the physical health and safety of pupils, particularly when engaging in physical activities outdoors. With climate change leading to more frequent and intense heatwaves, it is imperative that we have standardized guidelines in place to protect our students from potential harm. By providing clear and consistent guidance, this bill will empower educators and school administrators to make informed decisions regarding pupil physical activities during extreme weather events. Moreover, it will help ensure that the well-being of students remains a top priority in our educational institutions.”

ASSEMBLY FLOOR: 77-0, 8/26/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Ortega

Prepared by: Kordell Hampton / ED. / (916) 651-4105

8/27/24 14:08:17

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1248

Author:(Hurtado)

As Amended Ver:June 27, 2024

Majority vote

SUMMARY

Requires, subject to an appropriation, by January 1, 2026, the California Department of Education (CDE) to compile and post on its website standardized guidelines that would trigger modifications to student physical activities during extreme weather conditions. Also requires, by July 1, 2026, each local educational agency (LEA) in the state to develop, implement, and annually review extreme weather protocols related to student physical activities outdoors. The protocols are to incorporate the standardized guidelines developed by CDE and CDE is to provide assistance to LEAs in implementing the protocols.

Major Provisions

1. Requires, subject to an appropriation, by January 1, 2026, the California Department of Education (CDE) to compile and post on its website standardized guidelines that would trigger modifications to student physical activities during extreme weather conditions.
2. Requires the CDE's guidelines to specify temperature thresholds or index ratings that trigger modifications to student physical activities during extreme weather conditions. The standardized guidelines are to consider relevant factors, including student ages, harmful duration of exposure to extreme weather conditions, overall student safety, and available mitigation measures.
3. Requires the CDE to consult relevant stakeholders and experts when compiling the guidelines and may use existing resources or frameworks, such as the California Department of Public Health's (CPDH) Guidance on Sports and Strenuous Activities During Extreme Heat, the National Weather Service's HeatRisk forecast tool, and guidelines established by the California Interscholastic Federation (CIF).
4. Requires, by July 1, 2026, each LEA in the state to develop, implement, and annually review extreme weather protocols related to student physical activities outdoors. The protocols are to incorporate the standardized guidelines developed by the CDE.
5. In addition to incorporating the standardized guidelines developed by CDE, LEA extreme weather protocols are to include the following:
6. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities;
7. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions;
8. Protocols for communicating with staff, students, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions;
9. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions;
10. Training for staff members on recognizing signs of weather-related distress in students and appropriate response measures; and
11. Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources.
12. Requires the LEA protocols to be applied to physical education classes, sports, and athletic practices and games sponsored by an LEA, except for those athletic programs administered by the CIF.
13. Requires, beginning January 1, 2026, the CDE to provide technical assistance to LEAs in the implementation of their individual extreme weather protocols.

COMMENTS

The impact of heat on student health, academic performance, and physical activity. As climate change intensifies, students are increasingly burdened by worsening heat waves, wildfires, drought, and other extreme weather-related events that hinder their well-being and academic development, according to a 2023 report from the Sean N. Parker Center for Allergy and Asthma Research at Stanford University and other partners, Climate Resilient California Schools: Safeguarding Children's Health and Opportunity to Learn in TK-12. Children are particularly vulnerable to extreme weather conditions because their bodies are more sensitive and less capable of self-regulating temperature. According to a 2023 UCLA Luskin Center for Innovation policy brief, "Children also face a heightened risk of some health conditions, including asthma, when they experience extremely high temperatures. Overheating at schools can lead to hospital emergency department room visits and missed school days. Socially, children have less agency to take care of their needs by retreating to a cool area. And when considering the effects of hot protective sports equipment, heat-absorbing blacktops, and other intensifying factors, children often face particularly heightened heat exposures, and thus risk, at school."

According to the Author

"Unfortunately, we presently find ourselves in a time where the realities of climate change are becoming increasingly evident. Extreme weather patterns, from scorching heat to freezing temperatures, relentless droughts to torrential rains and floods, are reshaping our lives in profound ways. Studies have unequivocally shown that our environment is undergoing drastic shifts in weather patterns, posing significant threats to our overall health and safety. No student should ever face the risk of losing their life due to extreme weather conditions while on campus. It is our collective responsibility as a state and as a community to ensure the safety and well-being of our pupils by taking comprehensive action. This includes implementing statewide plans that prioritize preparedness and minimize exposure to the most harmful effects of climate change.

SB 1248, Yahushua's Law, requires the Department of Education to establish uniform standards that guide schools and school districts in developing tailored extreme weather plans for, meeting their specific needs while maintaining a consistent statewide standard for student protection. By taking proactive measures and implementing comprehensive guidelines, we can better protect our students and mitigate the impacts of climate change on their safety and well-being."

Arguments in Support

The American Academy of Pediatrics California writes, "Extreme weather conditions pose significant risks to the physical health and safety of pupils, particularly when engaging in physical activities outdoors. With climate change leading to more frequent and intense heatwaves, it is imperative that we have standardized guidelines in place to protect our students from potential harm. By providing clear and consistent guidance, this bill will empower educators and school administrators to make informed decisions regarding pupil physical activities during extreme weather events. Moreover, it will help ensure that the well-being of students remains a top priority in our educational institutions."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing General Fund cost pressures of $162,000 to CDE for one position to coordinate and develop standardized guidelines related to extreme weather conditions and to provide ongoing technical assistance to LEAs in the implementation of their extreme weather protocols.

2) One-time and ongoing Proposition 98 General Fund cost pressures, of an unknown amount, potentially in the low millions of dollars total, to LEAs to develop, implement, and annually review extreme weather protocols.

Costs to LEAs would be higher at the outset to develop the protocols and train staff. Assuming costs to develop a protocol is $1,000 per LEA for staff time, one-time costs would be $2 million. Ongoing cost drivers would include implementation of the protocols, for example, costs to LEAs associated designating indoor alternative activities that can be safely conducted during extreme weather conditions, training of new staff on the protocols, and annually reviewing the protocols. Including charter schools, California has over 2,000 LEAs.

If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

Funding for this bill is contingent on an appropriation. The 2024 budget act does not provide funding specifically for the purposes of this bill.

VOTES

SENATE FLOOR: 37-0-3

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Newman

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: June 27, 2024

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004042

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1248

Author:(Hurtado) – As Amended Ver:June 27, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill, subject to appropriation, requires, by January 1, 2026, the California Department of Education (CDE) to compile and post on its website standardized guidelines that would trigger modifications to student physical activities during extreme weather conditions. The bill further requires, by July 1, 2026, each local educational agency (LEA) in the state to develop, implement, and annually review extreme weather protocols related to student physical activities outdoors. The protocols are to incorporate the standardized guidelines developed by CDE and CDE is to provide assistance to LEAs in implementing the protocols.

Specifically, CDE’s guidelines are to specify temperature thresholds or index ratings that trigger modifications to student physical activities during extreme weather conditions. The standardized guidelines are to consider relevant factors, including student ages, harmful duration of exposure to extreme weather conditions, overall student safety, and available mitigation measures. CDE is also to consult relevant stakeholders and experts when compiling the guidelines and may use existing resources or frameworks, such as the California Department of Public Health’s (CPDH) Guidance on Sports and Strenuous Activities During Extreme Heat and guidelines established by the California Interscholastic Federation (CIF).

In addition to incorporating the standardized guidelines developed by CDE, LEA extreme weather protocols are to include the following:

1. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.
2. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.
3. Protocols for communicating with staff, students, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.
4. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.
5. Training for staff members on recognizing signs of weather-related distress in students and appropriate response measures.
6. Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources.

The LEA protocols are to be applied to physical education classes, sports, and athletic practices and games sponsored by an LEA, except for those athletic programs administered by CIF.

Lastly, the bill requires, beginning January 1, 2026, CDE to provide technical assistance to LEAs in the implementation of their individual extreme weather protocols.

FISCAL EFFECT:

1. Ongoing General Fund cost pressures of $162,000 to CDE for one position to coordinate and develop standardized guidelines related to extreme weather conditions and to provide ongoing technical assistance to LEAs in the implementation of their extreme weather protocols.
2. One-time and ongoing Proposition 98 General Fund cost pressures, of an unknown amount, potentially in the low millions of dollars total, to LEAs to develop, implement, and annually review extreme weather protocols.

Costs to LEAs would be higher at the outset to develop the protocols and train staff. Assuming costs to develop a protocol is $1,000 per LEA for staff time, one-time costs would be $2 million. Ongoing cost drivers would include implementation of the protocols, for example, costs to LEAs associated designating indoor alternative activities that can be safely conducted during extreme weather conditions, training of new staff on the protocols, and annually reviewing the protocols. Including charter schools, California has over 2,000 LEAs.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

Funding for this bill is contingent on an appropriation. The 2024 budget act does not provide funding specifically for the purposes of this bill.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author, this bill is Yahushua’s Law, and is a result of the tragedy of Yahushua Robinson, a twelve-year-old student who lost his life due to heat related illness during on campus physical education. Further, this bill is supported by the American Academy of Pediatrics (AAP) California, among others. AAP California writes in support of the bill:

Extreme weather conditions pose significant risks to the physical health and safety of pupils, particularly when engaging in physical activities outdoors. With climate change leading to more frequent and intense heatwaves, it is imperative that we have standardized guidelines in place to protect our students from potential harm. By providing clear and consistent guidance, this bill will empower educators and school administrators to make informed decisions regarding pupil physical activities during extreme weather events. Moreover, it will help ensure that the well-being of students remains a top priority in our educational institutions.

1. Background. This bill defines “extreme weather conditions” to mean occurrences of unusually severe weather conditions, including periods of extreme heat, excessive precipitation, and floods that may pose significant harm to students. Extreme weather conditions are becoming more common due to climate change. Children are more vulnerable to extreme weather conditions because their bodies are more sensitive and less capable of self-regulating temperature.

In 2023 the CDPH released its “Guidance on Sports and Strenuous Activities During Extreme Heat.” The online resource outlines the risks of exercising during extreme heat, describes how to protect children from extreme heat, describes the National Weather Service “HeatRisk” levels, describes the signs of exertional heat-related illness, lists factors that increase the risk of heat-related illness, and suggests actions to reduce risk to children.

Further, AB 1653 (Sanchez), Chapter 589, Statutes of 2023, requires, by July 1, 2024, CIF, in consultation with CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness to better protect student athletes participating in athletics. The law also requires an LEA that elects to offer any interscholastic athletic program to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest, heat illness, and other medical emergencies related to the athletic program’s activities or events.

This bill requires CDE to develop standardized guidelines related to student physical activities during extreme weather conditions and requires each LEA in the state to develop, implement, and annually review an extreme weather protocol related to outdoor student physical activities.

1. Related Legislation. AB 384 (Calderon) would have required CDE to conduct a research study on recommended indoor air temperature ranges and temperature control standards for public schools, compile a statewide inventory of heating and cooling systems and interventions in all public schools, and develop policy recommendations for safe indoor air temperature standards for public school facilities. The bill was vetoed by the Governor, who stated, “This bill creates significant long-term cost pressures that are not accounted for in the budget.”

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 26, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

SBPCA Bill Id:SB 1248

Author:(Hurtado) – As Amended Ver:April 4, 2024

SENATE VOTE: 37-0

SUBJECT: Pupil health: extreme weather conditions: physical activity

SUMMARY: Requires, contingent upon an appropriation, the California Department of Education (CDE) on or before January 1, 2026, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions. Further requires local education agencies (LEAs) to develop policies that adhere to the guidelines developed by the CDE. Specifically, this bill:

1. Requires, on or before January 1, 2026, the CDE, in consultation with relevant stakeholders and experts, to establish, and post on the CDE’s website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions. Requires the standardized guidelines to consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures.
2. Authorizes the CDE, in consultation with relevant stakeholders and experts, to use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet the requirements.
3. Requires, on or before July 1, 2026, each LEA to develop, adopt, and implement a weather policy that includes protocols for extreme weather conditions.
4. Requires the weather policy to incorporate the standardized guidelines developed by the CDE and to detail the specific measures to be taken during extreme weather conditions, including, but not limited to, all of the following:
5. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities;
6. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions;
7. Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions;
8. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions;
9. Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures; and
10. Coordination with local emergency management agencies and authorities to ensure timely access to weather-related information and resources.
11. Requires the weather policy to be annually reviewed, evaluated, and updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders.
12. Requires, commencing January 1, 2026, the CDE to do all of the following:
13. Identify any LEA that is not in compliance with this section and provide targeted technical assistance (TA) and resources to those identified LEAs for the development and implementation of their respective weather policy;
14. Work collaboratively with noncompliant LEAs to identify specific challenges or barriers to compliance and develop customized action plans to address those issues; and
15. Regularly assess the effectiveness of the TA and supports provided to LEAs and make adjustments, as necessary, to ensure their continued relevance and impact.
16. Defines the following terms:
17. “Extreme weather conditions” to mean occurrences of unusually severe weather or climate conditions, including, but not limited to, periods of extreme heat, wildfires, excessive precipitation, and floods, that may pose significant harm to pupils;
18. “LEA” to mean a school district, county office of education (COE), or charter school; and
19. “Physical activity” to include, but not be limited to, physical education classes, outdoor sports, athletic practices, and recreational activities conducted by an LEA.
20. States that the implementation of these requirements is subject to an appropriation in the annual Budget Act or another statute.

EXISTING LAW:

1. Requires the California Interscholastic Federation (CIF), in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness in order to better protect student athletes participating in athletics. (Education Code (EC) 35179.8)
2. States that if a school district or charter school elects to offer any interscholastic athletic program, the governing board of the school district or the governing body of the charter school must ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest and other medical emergencies related to the athletic program’s activities or events. The written emergency action plan shall be posted in compliance with the most recent pertinent guidelines of the National Federation of State High School Associations. (EC 35179.4)
3. Requires a high school coach, among other qualifications, to receive a certification in cardiopulmonary resuscitation (CPR) and first aid, including, but not limited to, a basic understanding of the signs and symptoms of concussions and heat illness and the appropriate response to concussions and heat illness. Authorizes concussion or heat illness training requirements to be fulfilled through entities offering free, online, or other training courses. Defines “heat illness” to include cramps, syncope, exhaustion, and exertional heat stroke. (EC 35179.1)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC 49032)

FISCAL EFFECT: According to the Senate Appropriations Committee:

• While the bill’s provisions would be contingent upon an appropriation, it would result in additional General Fund cost pressure to fund its activities. The CDE estimates General Fund costs of approximately $162,000 and one Education Program Consultant position to comply with the bill’s requirements.
• The CDE also indicates that LEAs would incur expenses in the development and monitoring of the extreme weather condition protocol, but the extent of the costs is unclear. This would include training and meeting with partners throughout implementation development and oversight. However, LEAs would likely be responsible for the cost of hiring substitutes to allow their teachers to attend professional development opportunities.  

COMMENTS:

Need for the bill. According to the author, “I first want to express my utmost admiration for the family of Yahushua Robinson, the twelve year student who lost his life due to heat related illness during on-campus physical education, for lending their emotional strength and compassion for others in this process to help ensure that no other family has to experience this pain.

Unfortunately, we presently find ourselves in a time where the realities of climate change are becoming increasingly evident. Extreme weather patterns, from scorching heat to freezing temperatures, relentless droughts to torrential rains and floods, are reshaping our lives in profound ways. Studies have unequivocally shown that our environment is undergoing drastic shifts in weather patterns, posing significant threats to our overall health and safety. No student should ever face the risk of losing their life due to extreme weather conditions while on campus. It is our collective responsibility as a state and as a community to ensure the safety and well-being of our pupils by taking comprehensive action. This includes implementing statewide plans that prioritize preparedness and minimize exposure to the most harmful effects of climate change.

SB 1248, Yahushua’s Law, requires the Department of Education to establish uniform standards that guide schools and school districts in developing tailored extreme weather plans for, meeting their specific needs while maintaining a consistent statewide standard for student protection. By taking proactive measures and implementing comprehensive guidelines, we can better protect our students and mitigate the impacts of climate change on their safety and well-being.”

Climate change impacts in California. California’s climate is generally expected to become hotter, drier, and more variable over the coming decades, increasing the risk of catastrophic wildfires, droughts, floods, extreme weather, biodiversity loss, and sea level rise. California’s Fourth Climate Assessment estimates the economic cost to California for these losses by 2050 will be over $100 billion annually. Average global temperatures have increased since 1895, with the fastest relative increase beginning in the 1980s. Nine of the ten hottest years recorded have occurred in the last decade. In California, the statewide average temperature is predicted to increase 1.9°F by 2025 and 4.6°F by 2050. Populations in cooler parts of the state, particularly along the coast, are generally at a greater risk for health-related illness because they are less acclimatized to the heat, people may be less aware of behaviors to reduce exposure, and the built environment is not designed for warmer temperatures.

Urban areas have higher temperatures than surrounding areas due to pavement and building materials that absorb sunlight and heat. This phenomenon is referred to as the urban heat island effect. Average daytime temperatures in urban areas are 1-6°F warmer than surrounding areas, but at night that increases to as much as 22°F as the heat is gradually released from buildings and paved surfaces. The urban heat island effect increases the health risks associated with extreme heat for populations living in those areas. A number of strategies can be used to mitigate the urban heat island effect, such as shading, green spaces, and the use of cool building and paving materials.

The impact of heat on student health, academic performance, and physical activity. As climate change intensifies, students are increasingly burdened by worsening heat waves, wildfires, drought, and other extreme weather-related events that hinder their well-being and academic development, according to a 2023 report from the Sean N. Parker Center for Allergy and Asthma Research at Stanford University and other partners, Climate Resilient California Schools: Safeguarding Children’s Health and Opportunity to Learn in TK-12. Children are particularly vulnerable to extreme weather conditions because their bodies are more sensitive and less capable of self-regulating temperature. According to a 2023 UCLA Luskin Center for Innovation policy brief, “Children also face a heightened risk of some health conditions, including asthma, when they experience extremely high temperatures. Overheating at schools can lead to hospital emergency department room visits and missed school days. Socially, children have less agency to take care of their needs by retreating to a cool area. And when considering the effects of hot protective sports equipment, heat-absorbing blacktops, and other intensifying factors, children often face particularly heightened heat exposures, and thus risk, at school.”

According to a 2022 Legislative Analyst’s Office report, Climate Change Impacts Across California K-12 Education, climate change has led to students experiencing greater learning loss, poorer academic outcomes, food insecurity, and traumatic mental health problems. Moreover, minority children who live in high-poverty neighborhoods are often exposed to more heat, which contributes to racial disparities in health outcomes. School facilities located in low-income neighborhoods have historically had fewer financial resources to invest in efficient HVAC systems and may have play areas covered in asphalt without shade, thereby compounding student health risks from worsening climate change.

According to a 2020 Journal of Human Resources article, Hot Temperature and High Stakes Performance, hot temperature reduces performance by up to 13% of a standard deviation and leads to persistent impacts on high school graduation status, despite compensatory responses by teachers who selectively upward manipulate grades after hotter exams. According to a 2020 American Economic Journal: Economic Policy article, Heat and Learning, students of color and students in lower-income areas are the most affected by heat-driven learning losses, exacerbating racial and income-based achievement gaps. It is estimated that 5% of the nationwide gap in academic achievement between white and Black students is due to heat and air conditioning disparities.

California’s Extreme Heat Action Plan. Existing law requires the Natural Resources Agency to update the state’s climate adaptation strategy every three years. In updating the strategy, the need for an interagency approach to extreme heat was identified, and therefore the state updated its extreme heat guidance and recommendations to create California’s Extreme Heat Action Plan.

California’s Extreme Heat Action Plan was released by the Natural Resources Agency (NRA) in April 2022. The plan provides a strategic and comprehensive set of state actions to adapt and build resilience to extreme heat, including exploring the implementation of indoor and outdoor heat exposure rules for schools, supporting climate-smart planning in heat-vulnerable schools, promoting climate-appropriate shade tree cover and schools, and promoting increased use of green barriers between agricultural fields and schools.

California Department of Public Health (CDPH) Guidance for Schools on Sports and Strenuous Activities During Extreme Heat. In 2023 the CDPH released guidance for schools on sports and strenuous activities during extreme heat. The online resource outlines the risks of exercising during extreme heat, how to protect students from extreme heat, describes the National Weather Service (NWS) “HeatRisk” levels and forecast, describes the signs of exertional heat-related illness, lists factors that increase the risk of heat-related illness, and suggests (but does not require) actions that can be taken to reduce risk.

Source: National Weather Service Heat Risk

The NWS Heat Risk tool allows for assessing conditions at a specific location as it allows the user to enter the address of the site in question. It also provides a seven-day forecast.

The CDPH guidance suggests, but does not require the following actions based on the heat risk level as identified above:

• Extreme: Cancel all outdoor and unconditioned indoor activities and reschedule these for another day or move to alternative activities in an air-conditioned environment; and
• Major: Cancel all outdoor and unconditioned indoor activities during the heat of the day (usually 10 a.m. to 5 p.m.) and reschedule activities to a cool time of the day, if there is one (e.g. very early morning), or reschedule activities to another day, or move to alternative activities in an air-conditioned indoor environment.

The CDPH guidance offers additional direction as follows:

• Be aware that multiple days of extreme high temperatures will make students and athletes more vulnerable to heat illness;
• Always monitor for exertional heat illness. Air temperature, humidity, direct sunlight, and other factors can increase the risk of heat illness;
• Be aware that exertional heat stroke is life-threatening. Exertional heat stroke (EHS) can occur within the first 60 minutes of exertion and may be triggered without exposure to high ambient temperatures;
• Other heat-related illnesses include heat exhaustion, heat cramps, sunburn, and heat rash; and
• Proceed with extra caution in scenarios where extreme heat occurs suddenly, lasts an extended period of time and/or reaches new high temperatures. Generally, in these scenarios, very few outdoor activity participants (or those participating in indoor spaces without cooling) are “acclimatized.” Heat acclimatization is the body’​s process of adapting to or “getting used to” the heat that occurs gradually ​(usually requiring 1 to 2 weeks) when a person is exposed to a hotter setting. Students and athletes face higher risk of heat illness when they are not acclimatized to hotter and/or more humid conditions. Certain geographic areas (such as coastal areas) not accustomed to higher temperatures will have more persons that are not acclimatized.

Practice/play policy using wet bulb globe thermometer (WBGT) readings. AB 1653 (Sanchez), Chapter 589, Statutes of 2023, requires the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when wet bulb globe thermometer (WBGT) readings reach specified levels, no later than July 1, 2024; and requires the governing board of the school district or the governing body of the charter school to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events.

According to the NWS, a WBGT is a measure of the heat stress in direct sunlight, which takes into account: temperature, humidity, wind speed, sun angle, and cloud cover (solar radiation). This differs from the heat index, which takes into consideration temperature and humidity and is calculated for shady areas. Using a WBGT monitor on-site provides more accurate data than that from the NWS and can help athletic programs to dictate modifications in activity (work/rest ratios, hydration breaks, equipment work, length of practice) that make sports safer for all participants.  

CIF guidance has been established. As required by current law, CIF has established mandatory guidance for heat-related actions as Bylaw 503 K.1. Research indicates that when establishing WBGT guidelines for physical activity, the guidelines must be geographically specific. Researchers have established heat safety regions to address the differences in heat acclimation among residents in these areas. Thus, the first step for schools is to determine which geographic category applies to their location.

To the left is a map of the California heat safety zones matched to the CIF zones that can be used to read the activity guideline chart. The next step is to match the WBGT reading with the activity guidelines in the chart below:

CIF guidance also provides direction on acclimatization for high school athletes to help them adapt to hot weather conditions and reduce the risk of heat-related illnesses. These include gradual increases in activity, adequate hydration, modifying practice schedules for cooler times of day, and monitoring athlete health to identify signs of heat-related illness.

Emergency action plans. Existing law requires, if a school district or charter school elects to offer any interscholastic athletic program, the governing board of the school district or the governing body of the charter school to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest and other medical emergencies related to the athletic program’s activities or events. Current law requires the written emergency action plan to be posted in compliance with the most recent pertinent guidelines of the National Federation of State High School Associations.

Coaches training. Currently, the CIF offers training programs to high school coaches who receive a certificate upon course completion. The completed certificate is transferable between school districts. CIF's mandated coaches training program under the CHSCTP currently includes instruction on CPR, First Aid and concussions, sudden cardiac arrest, and heat acclimation.

CIF offers a free online concussion training course for coaches where they receive an immediate printed certification upon completion. The free CIF online training course in heat illness prevention includes sections which explore the principles of Heat Illness Awareness, Adequate Hydration, Gradual Acclimatization, Hydration Status Record Keeping, and offers Additional Prevention Measures. Currently, coaches must complete a CPR/First Aid/Concussion course and renew that training every two years. This applies to all CIF member schools, public and private.

Physical activities in schools. Under the existing law, LEAs are required to provide physical education and recess to students. However, these opportunities can also expose students to extreme heat, which may lead to heat illness and other related health issues. The Physical Education Model Content Standards for California Public Schools: Kindergarten through Grade Twelve define the knowledge and skills that students should acquire through a quality physical education program. The standards require students to participate safely in moderate to vigorous physical activity in atypical conditions, and also provide alternative physical activities that can be performed if one's physical fitness program is disrupted due to inclement weather, travel from home or school, or minor injury. The CDE provides resources and guidance for schools regarding sports and other strenuous activities, many of which were developed in partnership with other state agencies.

Potential conflict with existing law. This bill requires the development of guidelines for pupil physical activities. As noted above, the CIF has adopted clear direction for high school sports, therefore the Committee may wish to consider excluding high school sports from the provisions of this bill.

Recommended Committee Amendments. Staff recommends that the bill be amended as follows:

1. Clarify that the CDE is responsible to compile guidelines using existing resources and frameworks related to heat-related thresholds and indices.
2. Identify existing guidance and tools that CDE may use.
3. Clarify that an LEA must develop weather protocols based upon the guidelines identified by the CDE.
4. Require LEAs to consult with local relevant agencies and experts.
5. Remove the requirement for the CDE to monitor compliance with the requirement to develop weather protocols and require the CDE to provide technical assistance to LEAs.
6. Remove reference to climate conditions and wildfires in the definition of extreme weather conditions.
7. Specify that physical activity refers to physical education classes and school sports activities not under the jurisdiction of the CIF.
8. Specify that physical activity does not include interscholastic athletic programs administered by the CIF as they must comply with current law, pursuant to Section 35179.8.

Arguments in support. The American Academy of Pediatrics California writes, “Extreme weather conditions pose significant risks to the physical health and safety of pupils, particularly when engaging in physical activities outdoors. With climate change leading to more frequent and intense heatwaves, it is imperative that we have standardized guidelines in place to protect our students from potential harm. By providing clear and consistent guidance, this bill will empower educators and school administrators to make informed decisions regarding pupil physical activities during extreme weather events. Moreover, it will help ensure that the well-being of students remains a top priority in our educational institutions.”

Related legislation. AB 245 (McKinnor), Chapter 422, Statutes of 2023, adds to the CHSCTP, by July 1, 2024, training in recognizing and responding to the signs and symptoms of concussions, heart illness, and cardiac arrest.

AB 384 (Calderon) of the 2023-24 Session would have required the CDE to conduct a research study on recommended indoor air temperature ranges and temperature control standards for public schools, to compile a statewide inventory of heating and cooling systems and interventions in all public schools, and to develop policy recommendations for safe indoor air temperature standards for public school facilities. This bill was vetoed by the Governor with the following message in part:

While I appreciate the author's goal of supporting access to indoor temperatures most conducive to student learning, this bill creates significant long-term cost pressures that are not accounted for in the budget.

AB 1653 (Sanchez), Chapter 589, Statutes of 2023, requires the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when WBGT readings reach specified levels, no later than July 1, 2024; and requires the governing board of the school district or the governing body of the charter school to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events.

SB 394 (Gonzalez) of the 2023-24 Session would have required, upon an appropriation by the Legislature for this purpose, the California Energy Commission (CEC), in consultation with specified state agencies to facilitate an interagency process and stakeholder engagement to develop a Master Plan for Healthy, Sustainable, and Climate-Resilient Schools. This bill was vetoed by the Governor with the following message in part:

While I support the author's goal of making our schools more climate friendly and climate prepared, the development of this Master Plan will cost up to $10 million that was not considered through the annual budget process. Additionally, the Master Plan would create significant long-term cost pressures that are not accounted for in the state budget plan.

SB 499 (Menjivar) of the 2023-24 Session would have required every school in the state, contingent on appropriation, to develop and implement an extreme heat action plan. The bill would have also required every school to replace outdoor surfaces with more heat resistant materials the next time the school replaces an outdoor surface. This bill was held in the Assembly Appropriations Committee.

AB 2800 (Chu), Chapter 21, Statutes of 2021, adds basic understanding of the signs and symptoms of, and appropriate responses to, heat illness, to the training component of the 1998 CHSCTP.

AB 2741 (Miller) Chapter 744, Statutes of 1998, establishes the 1998 California High School Coaching and Education Program to be administered by school districts and to emphasize, among other things, sport psychology, sport pedagogy, sport physiology, CPR, and first aid.

REGISTERED SUPPORT / OPPOSITION:

Support

Opposition

None on file

Analysis Prepared by: Marguerite Ries and Debbie Look / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 1248

Author: Hurtado (D), et al.

Amended: 4/4/24

Vote: 21

SENATE EDUCATION COMMITTEE: 6-0, 4/3/24

AYES: Newman, Ochoa Bogh, Cortese, Gonzalez, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Glazer

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: Pupil health: extreme weather conditions: physical activity

SOURCE: Author

DIGEST:

This bill, upon appropriation, requires the California Department of Education (CDE), in consultation with relevant stakeholders, on or before January 1, 2026, establishes guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions and requires local education agencies (LEA), county offices of education (COE), and charter schools to develop policies that adhere to the guidelines developed by the CDE.

ANALYSIS:

Existing law:

1. Requires the California Interscholastic Federation (CIF), in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness in order to better protect student athletes participating in athletics. (EC § 35179.8)
2. Requires an LEA or charter school that elects to offer any interscholastic athletic program, the governing board of the school district, or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest, heat illness, and other medical emergencies related to the athletic program’s activities or events. (EC § 35179.4.)
3. Requires a high school coach, among other qualifications, to receive a certification in CPR and first aid, including, but not limited to, a basic understanding of the signs and symptoms of concussions and heat illness and the appropriate response to concussions and heat illness. Concussion or heat illness training may be fulfilled through entities offering free, online, or other training courses. “Heat illness” includes cramps, syncope, exhaustion, and exertional heat stroke. (EC § 35179.1 et. seq)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC § 49032)

This bill:

1. States that implementation of this section is subject to an appropriation made for purposes of this section in the annual Budget Act or another statute.
2. Requires, upon appropriation, the CDE, in consultation with relevant stakeholders and experts, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions and must consider relevant factors, including, but not limited to, humidity, pupil ages, duration of exposure, and available mitigation measures by January 1, 2026.
3. Requires each LEA to develop, adopt, and implement a weather policy by July 1, 2026, and specifies that the policy adopted incorporate the standardized guidelines developed by the CDE in addition to specifying the measures to be taken during extreme weather conditions, including, but not limited to, all of the following:
4. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.
5. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.
6. Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.
7. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.
8. Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures.
9. Coordination with local emergency management agencies and authorities to ensure timely access to weather-related information and resources.
10. Requires the CDE to establish a reporting requirement for LEAs related to extreme weather conditions, and for each LEA to keep a record of their adherence to the weather policy during extreme weather conditions.
11. Defines “extreme weather” to mean occurrences of unusually severe weather or climate conditions, including, but not limited to, periods of extreme heat, wildfires, excessive precipitation, and floods that may pose significant harm to pupils.
12. Defines “local educational agency” to mean a school district, county office of education, or charter school.
13. Defines “Physical activity” includes, but is not limited to, physical education classes, outdoor sports, athletic practices, and recreational activities conducted by a LEA.
14. Makes findings and declarations related to the need to establish uniform guidelines and requirements for public schools in order to ensure the protection of pupils from physical activity during extreme weather conditions.

Comments

1. Need for the bill. According to the author, “I first want to express my utmost admiration for the family of Yahushua Robinson, the twelve year student who lost his life due to heat related illness during on-campus physical education, for lending their emotional strength and compassion for others in this process to help ensure that no other family has to experience this pain.”

“Unfortunately, we presently find ourselves in a time where the realities of climate change are becoming increasingly evident. Extreme weather patterns, from scorching heat to freezing temperatures, relentless droughts to torrential rains and floods, are reshaping our lives in profound ways. Studies have unequivocally shown that our environment is undergoing drastic shifts in weather patterns, posing significant threats to our overall health and safety. No student should ever face the risk of losing their life due to extreme weather conditions while on campus. It is our collective responsibility as a state and as a community to ensure the safety and well-being of our pupils by taking comprehensive action. This includes implementing statewide plans that prioritize preparedness and minimize exposure to the most harmful effects of climate change.

“SB 1248, Yahushua’s Law, requires the Department of Education to establish uniform standards that guide schools and school districts in developing tailored extreme weather plans for, meeting their specific needs while maintaining a consistent statewide standard for student protection. By taking proactive measures and implementing comprehensive guidelines, we can better protect our students and mitigate the impacts of climate change on their safety and well-being.”

1. Extreme Weather Conditions. California's climate will become hotter, drier, and more variable, increasing the risk of wildfires, droughts, floods, biodiversity loss, and rising sea levels. The economic cost of these losses by 2050 will exceed $100 billion annually. Global temperatures are rising, with nine of the ten hottest years recorded in the last decade. By 2025, California's statewide average temperature is predicted to increase by 1.9°F, and by 2050, by 4.6°F. Populations in wealthier parts of the state along the coast are at greater risk for health-related issues due to inadequate built environments for warmer temperatures. Urban areas have higher temperatures due to the urban heat island effect, increasing health risks associated with extreme heat. Strategies such as shading, green spaces, and better building and paving materials can mitigate the urban heat island effect.
2. How Does Weather Impact Student Learning and Physical Activity? Climate change is making wildfires and heat waves more frequent, which will result in schools responding to more climate-driven emergencies and public health issues. Extreme weather conditions will harm student learning, schools, and district budgets. This will cause school closures to increase, leading to a shift between in-person and remote learning. According to the Legislative Analyst Office (LAO), from 2017-18 and 2019-20, more than 1,600 schools were closed annually due to wildfires, affecting around 950,000 students. In some areas of the state, flooding could also disrupt the ability of educators and students to attend school, impacting school facilities on a short- or long-term basis. Such closures can disrupt education services, school meals, childcare, and other services, leading to food insecurity, learning loss, and poorer academic outcomes.

Under the existing law, LEAs are required to provide physical education and recess to students. However, these opportunities can also expose students to extreme heat, which may lead to heat illness and other related health issues. In January 2005, the California Board of Education approved the Physical Education Model Content Standards for California Public Schools: Kindergarten through Grade Twelve. These standards define the knowledge and skills that students should acquire through a quality physical education program. The third and fourth standards require students to participate safely in moderate to vigorous physical activity in atypical conditions, and also provide alternative physical activities that can be performed if one's physical fitness program is disrupted due to inclement weather, travel from home or school, or minor injury.

1. Guidance for Schools on Sports and Strenuous Activities During Extreme Heat. The CDE provides resources and guidance for schools on their website regarding sports and other strenuous activities.

Like other states, California's geography makes it prone to hot temperatures, with little chance of rain. This exposes various cities and deserts to extreme heat, which can have a significant impact on the body, causing nausea, unconsciousness, dehydration, and strokes. Therefore, the CDE has compiled a list of resources to aid LEAs, COE, and charter schools in dealing with extreme heat. Additionally, last year, AB 1653 (Sanchez, Chapter 589, Statutes of 2023) was passed by the Legislature, requiring the CDE to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when Wet Bulb Globe Thermometer (WBGT) readings reach specified levels. The governing boards of the school district or the charter school's governing body must also ensure a written emergency action plan that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events. These guidelines and procedures must be developed before July 1, 2024.

Additionally, the CIF sets training requirements for coaches. The purpose of the CIF Coaching Education Program is to enhance student-athletes experience by assuring their coaches meet a minimum level of professional training which include:

Primary Requirements. The prior requirements for coaching high school sports in California:

• A General Coaching Education Course;
• A Concussion Course;
• Sudden Cardiac Arrest Course;
• Heat Acclimatization Course; and
• First Aid and CPR Certification.

Courses to meet these requirements are posted on CIF’s website. Training is provided by the National Federation of State High School Associations (NFSH), Human Kinetics Coach Education (HKCE), and the American Society of Exercise Physiologists (ASEP) websites.

Prior/Related Legislation

AB 2800 (Chu, Chapter 21, Statutes of 2018) added requirements to the CHSCTP for training on understanding the signs and symptoms of heat illness and the appropriate response.

AB 1653 (Sanchez, Chapter 589, Statues of 2023) required the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when WBGT readings reach specified levels, no later than July 1, 2024; and requires the governing board of the school district or the governing body of the charter school to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events.

AB 2741 (Miller, Chapter 744, Statutes of 1998) established the 1998 California High School Coaching and Education Program to be administered by school districts and to emphasize, among other things, sport psychology, sport pedagogy, sports physiology, CPR, and first aid.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, “While the bill’s provisions would be contingent upon an appropriation, it would result in additional General Fund cost pressure to fund its activities. The CDE estimates General Fund costs of approximately $162,000 and one Education Program Consultant position to comply with the bill’s requirements. The CDE also indicates that LEAs would incur expenses in the development and monitoring of the extreme weather condition protocol, but the extent of the costs is unclear. This would include training and meeting with partners throughout implementation development and oversight. However, LEAs would likely be responsible for the cost of hiring substitutes to allow their teachers to attend professional development opportunities.” 

SUPPORT: (Verified 5/16/24)

American Academy of Pediatrics California

Bold Enterprises LLC

California Black Women's Collective Empowerment Institute

Familias Empoderadas del Valle Central

National Action Network

The Black Student Advocate

Ventura County Alumnae Chapter of Delta Sigma Theta Sorority

3 Individual

OPPOSITION: (Verified 5/16/24)

None received

ARGUMENTS IN SUPPORT: According to the National Action Network, “Climate change poses a significant health threat, with children being especially vulnerable. Increasing scientific and medical research suggests a connection between climate change and the worsening of acute and respiratory illnesses in children. In recent years, extreme weather events have become increasingly frequent due to changes in climate and environmental factors, posing significant risks to individuals, particularly students engaged in physical activities or outdoor sports. As climate conditions continue to intensify and reach extremes, students participating in outdoor sports, physical education classes, or other forms of exercise are vulnerable to exacerbated health conditions. During an excessive heat wave this past summer, a student in Canyon Lake Middle School, in Lake Elsinore, California was forced to participate in physical education even though conditions were not suitable or adequate for children to participate in outdoor activities. Unfortunately, the young student in Lake Elsinore suffered from an extreme heat related illness and ultimately lost his life. Studies by both the National Institute of Health and the World Health Organization consistently show that climate change affects human health, specifically children’s health, leading to increased respiratory problems and the risk of various diseases. However, the lack of uniform guidelines and protocols across schools and school districts in California exacerbates this issue, creating an urgent need for safeguards to ensure student safety during extreme weather conditions. SB 1248, Yahushua’s Law, requires the Department of Education to establish guidelines, as specified, for schools and school district for the implementation of uniform protocols and procedure to protect pupils from the risks of exposure to extreme weather conditions. For these reasons, the National Action Network Western Region supports SB 1248 (Hurtado).”

Prepared by: Kordell Hampton / ED. / (916) 651-4105

5/17/24 17:44:23

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1248 (Hurtado) - Pupil health: extreme weather conditions: physical activity

Bill Summary:

This bill, contingent upon an appropriation, would require the California Department of Education (CDE) on or before January 1, 2026, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions. This bill also requires local education agencies (LEAs) to develop policies that adhere to the guidelines developed by the CDE.

Fiscal Impact:

• While the bill’s provisions would be contingent upon an appropriation, it would result in additional General Fund cost pressure to fund its activities. The CDE estimates General Fund costs of approximately $162,000 and one Education Program Consultant position to comply with the bill’s requirements.
• The CDE also indicates that LEAs would incur expenses in the development and monitoring of the extreme weather condition protocol, but the extent of the costs is unclear. This would include training and meeting with partners throughout implementation development and oversight. However, LEAs would likely be responsible for the cost of hiring substitutes to allow their teachers to attend professional development opportunities.  

Background:

Existing law requires the California Interscholastic Federation (CIF), in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness in order to better protect student athletes participating in athletics.

Existing law requires an LEA that elects to offer any interscholastic athletic program, the governing board of the school district, or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest, heat illness, and other medical emergencies related to the athletic program’s activities or events.

Existing law requires a high school coach, among other qualifications, to receive a certification in CPR and first aid, including, but not limited to, a basic understanding of the signs and symptoms of concussions and heat illness and the appropriate response to concussions and heat illness. Concussion or heat illness training may be fulfilled through entities offering free, online, or other training courses. “Heat illness” includes cramps, syncope, exhaustion, and exertional heat stroke.

Proposed Law:

This bill requires, contingent upon appropriation, the CDE, in consultation with relevant stakeholders and experts, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions and must consider relevant factors, including, but not limited to, humidity, pupil ages, duration of exposure, and available mitigation measures by January 1, 2026.

This bill requires each LEA to develop, adopt, and implement a weather policy by July 1, 2026, and specifies that the policy adopted incorporate the standardized guidelines developed by the CDE in addition to specifying the measures to be taken during extreme weather conditions, including, but not limited to, all of the following:

1. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.
2. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.
3. Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.
4. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.
5. Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures.
6. Coordination with local emergency management agencies and authorities to ensure timely access to weather-related information and resources.

This bill requires the CDE to establish a reporting requirement for LEAs related to extreme weather conditions, and for each LEA to keep a record of their adherence to the weather policy during extreme weather condition.

This bill defines “extreme weather” to mean occurrences of unusually severe weather or climate conditions, including, but not limited to, periods of extreme heat, wildfires, excessive precipitation, and floods that may pose significant harm to pupils.

Related Legislation:

AB 1653 (Sanchez, Chapter 589, Statues of 2023) requires the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when Wet Bulb Globe Thermometer readings reach specified levels, no later than July 1, 2024.

AB 2800 (Chu, Chapter 21, Statutes of 2018) added requirements to the California High School Coaching Education and Training Program for training on understanding the signs and symptoms of heat illness and the appropriate response.

Staff Comments:

This bill would require the CDE to establish guidelines around temperature thresholds or air quality index ratings that trigger a response and modification to physical activity during extreme weather conditions.  It would also require CDE to work in concert with the California Department of Public Health and other partners. The CDE indicates it would need to create criteria and a database for LEAs to provide their plans, and evidence that it is being implemented. 

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: April 3, 2024

Subject:

SUMMARY

This bill, upon appropriation, would require the California Department of Education (CDE) on or before January 1, 2026 to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions and requires local education agencies (LEA), county offices of education (COE), and charter schools to develop policies that adhere to the guidelines developed by the CDE.

BACKGROUND

Existing Law:

Education Code (EC)

1. Requires the California Interscholastic Federation (CIF), in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness in order to better protect student athletes participating in athletics. (EC § 35179.8)
2. Requires an LEA or charter school that elects to offer any interscholastic athletic program, the governing board of the school district, or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of sudden cardiac arrest, heat illness, and other medical emergencies related to the athletic program’s activities or events. (EC § 35179.4.)
3. Requires a high school coach, among other qualifications, to receive a certification in CPR and first aid, including, but not limited to, a basic understanding of the signs and symptoms of concussions and heat illness and the appropriate response to concussions and heat illness. Concussion or heat illness training may be fulfilled through entities offering free, online, or other training courses. “Heat illness” includes cramps, syncope, exhaustion, and exertional heat stroke. (EC § 35179.1 et. seq)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC § 49032)

ANALYSIS

This bill:

1. States that implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.
2. Requires, upon appropriation, the CDE, in consultation with relevant stakeholders and experts, to establish guidelines specifying temperature thresholds or index ratings that trigger modifications to physical activities during extreme weather conditions and must consider relevant factors, including, but not limited to, humidity, pupil ages, duration of exposure, and available mitigation measures by January 1, 2026.
3. Requires each LEA to develop, adopt, and implement a weather policy by July 1, 2026, and specifies that the policy adopted incorporate the standardized guidelines developed by the CDE in addition to specifying the measures to be taken during extreme weather conditions, including, but not limited to, all of the following:
4. Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.
5. Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.
6. Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.
7. Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.
8. Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures.
9. Coordination with local emergency management agencies and authorities to ensure timely access to weather-related information and resources.
10. Requires the CDE to establish a reporting requirement for LEAs related to extreme weather conditions, and for each LEA to keep a record of their adherence to the weather policy during extreme weather condition.
11. Defines “extreme weather” to mean occurrences of unusually severe weather or climate conditions, including, but not limited to, periods of extreme heat, wildfires, excessive precipitation, and floods that may pose significant harm to pupils.
12. Defines “local educational agency” to mean a school district, county office of education, or charter school.
13. Defines “Physical activity” includes, but is not limited to, physical education classes, outdoor sports, athletic practices, and recreational activities conducted by a LEA
14. Makes findings and declarations related to the need to establish uniform guidelines and requirements for public schools in order to ensure the protection of pupils from physical activity during extreme weather conditions.

STAFF COMMENTS

1. Need for the bill. According to the author, “I first want to express my utmost admiration for the family of Yahushua Robinson, the twelve year student who lost his life due to heat related illness during on-campus physical education, for lending their emotional strength and compassion for others in this process to help ensure that no other family has to experience this pain.”

“Unfortunately, we presently find ourselves in a time where the realities of climate change are becoming increasingly evident. Extreme weather patterns, from scorching heat to freezing temperatures, relentless droughts to torrential rains and floods, are reshaping our lives in profound ways. Studies have unequivocally shown that our environment is undergoing drastic shifts in weather patterns, posing significant threats to our overall health and safety. No student should ever face the risk of losing their life due to extreme weather conditions while on campus. It is our collective responsibility as a state and as a community to ensure the safety and well-being of our pupils by taking comprehensive action. This includes implementing statewide plans that prioritize preparedness and minimize exposure to the most harmful effects of climate change.”

“SB 1248, Yahushua’s Law, requires the Department of Education to establish uniform standards that guide schools and school districts in developing tailored extreme weather plans for, meeting their specific needs while maintaining a consistent statewide standard for student protection. By taking proactive measures and implementing comprehensive guidelines, we can better protect our students and mitigate the impacts of climate change on their safety and well-being.”

1. Extreme Weather Conditions. California's climate will become hotter, drier, and more variable, increasing the risk of wildfires, droughts, floods, biodiversity loss, and rising sea levels. The economic cost of these losses by 2050 will exceed $100 billion annually. Global temperatures are rising, with nine of the ten hottest years recorded in the last decade. By 2025, California's statewide average temperature is predicted to increase by 1.9°F, and by 2050, by 4.6°F. Populations in wealthier parts of the state along the coast are at greater risk for health-related issues due to inadequate built environments for warmer temperatures. Urban areas have higher temperatures due to the urban heat island effect, increasing health risks associated with extreme heat. Strategies such as shading, green spaces, and better building and paving materials can mitigate the urban heat island effect.
2. How Does Weather Impact Student Learning and Physical Activity? Climate change is making wildfires and heat waves more frequent, which will result in schools responding to more climate-driven emergencies and public health issues. Extreme weather conditions will harm student learning, schools, and district budgets. This will cause school closures to increase, leading to a shift between in-person and remote learning. According to the Legislative Analyst Office (LAO), from 2017-18 and 2019-20, more than 1,600 schools were closed annually due to wildfires, affecting around 950,000 students. In some areas of the state, flooding could also disrupt the ability of educators and students to attend school, impacting school facilities on a short- or long-term basis. Such closures can disrupt education services, school meals, childcare, and other services, leading to food insecurity, learning loss, and poorer academic outcomes.

Under the existing law, LEAs are required to provide physical education and recess to students. However, these opportunities can also expose students to extreme heat, which may lead to heat illness and other related health issues. In January 2005, the California Board of Education approved the Physical Education Model Content Standards for California Public Schools: Kindergarten through Grade Twelve. These standards define the knowledge and skills that students should acquire through a quality physical education program. The third and fourth standards require students to participate safely in moderate to vigorous physical activity in atypical conditions, and also provide alternative physical activities that can be performed if one's physical fitness program is disrupted due to inclement weather, travel from home or school, or minor injury.

1. Guidance for Schools on Sports and Strenuous Activities During Extreme Heat. The CDE provides resources and guidance for schools on their website regarding sports and other strenuous activities.

Like other states, California's geography makes it prone to hot temperatures, with little chance of rain. This exposes various cities and deserts to extreme heat, which can have a significant impact on the body, causing nausea, unconsciousness, dehydration, and strokes. Therefore, the CDE has compiled a list of resources to aid LEAs, COE, and charter schools in dealing with extreme heat. Additionally, last year, AB 1653 (Sanchez, Chapter 589, Statutes of 2023) was passed by the Legislature, requiring the CDE to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when Wet Bulb Globe Thermometer (WBGT) readings reach specified levels. The governing boards of the school district or the charter school's governing body must also ensure a written emergency action plan that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events. These guidelines and procedures must be developed before July 1, 2024.

The committee may wish to consider the existing work being conducted between CIF and CDE regarding heat illness and safety and to the extent that this bill contributes, expands, or impedes the work already being conducted.

Additionally, the CIF sets training requirements for coaches. The purpose of the CIF Coaching Education Program is to enhance student-athletes experience by assuring their coaches meet a minimum level of professional training which include:

Primary Requirements. The prior requirements for coaching high school sports in California:

• A General Coaching Education Course;
• A Concussion Course;
• Sudden Cardiac Arrest Course;
• Heat Acclimatization Course; and
• First Aid and CPR Certification.

Courses to meet these requirements are posted on CIF’s website. Training is provided by the National Federation of State High School Associations (NFSH), Human Kinetics Coach Education (HKCE), and the American Society of Exercise Physiologists (ASEP) websites.

1. Committee Amendments. Committee staff recommends, and the author has agreed to accept, the following amendments:
2. Remove the California Department of Health and Human Services, as a required agency to consult with while developing extreme weather condition guidelines.
3. Related Legislation.

AB 2800 (Chu, Chapter 21, Statutes of 2018) added requirements to the CHSCTP for training on understanding the signs and symptoms of heat illness and the appropriate response.

AB 1653 (Sanchez, Chapter 589, Statues of 2023) requires the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for monitoring the safety of practice and play when WBGT readings reach specified levels, no later than July 1, 2024; and requires the governing board of the school district or the governing body of the charter school to ensure that there is a written emergency action plan in place that describes the location and procedures to be followed in the event of heat illness related to the athletic program's activities or events.

AB 2741 (Miller, Chapter 744, Statutes of 1998) established the 1998 California High School Coaching and Education Program to be administered by school districts and to emphasize, among other things, sport psychology, sport pedagogy, sports physiology, CPR, and first aid.

SUPPORT

Bold Enterprises LLC

California Black Women's Collective Empowerment Institute

Familias Empoderadas del Valle Central

National Action Network

The Black Student Advocate

Ventura County Alumnae Chapter of Delta Sigma Theta Sorority

2 Individuals

OPPOSITION

None received

-- END --