CHAPTER 9. Pupil and Personnel Health [49400. - 49590.]

Chapter 9 enacted by Stats. 1976, Ch. 1010.

§§ 49400–49590 · 166 sections

1. ARTICLE 1. General Powers—School Boards §§ 49400–49417 · 28 sections

   • § 49400 The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons…
   • § 49401.5 (a) It is the intent of the Legislature in enacting this section to express its concern for the health and safety of school pupils and school personnel at…
   • § 49402 Contracts between any city, county, or local health district and the governing board of any school district located wholly or partially within such city,…
   • § 49403 (a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the…
   • § 49405 The control of smallpox is under the direction of the State Department of Health Services, and no rule or regulation on the subject of vaccination shall be…
   • § 49406 (a) (1) (A) Except as provided in subdivision (j), a person shall not be initially employed by a school district, or employed under contract, in a certificated…
   • § 49407 Notwithstanding any provision of any law, no school district, officer of any school district, school principal, physician, or hospital treating any child…
   • § 49408 For the protection of a pupil’s health and welfare, the governing board of a school district may require the parent or legal guardian of a pupil to keep…
   • § 49409 Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to…
   • § 49410 (a) The Legislature finds that: (1) There is substantial scientific and medical evidence that human exposure to asbestos fibers significantly increases the…
   • § 49410.2 School districts and county offices of education may apply to the State Allocation Board pursuant to Section 39619.6 for funds for the purposes of containment…
   • § 49410.5 (a) The State Allocation Board shall retain all information provided by school districts making application for funds pursuant to Sections 39619.6, 39619.7,…
   • § 49410.7 (a) For purposes of funding pursuant to Section 39619.9, the factors determining the need for abatement of friable asbestos or potentially friable asbestos…
   • § 49411 (a) The State Department of Education, in cooperation with the Division of Occupational Safety and Health within the Department of Industrial Relations, shall…
   • § 49412 (a) Except as provided in subdivision (b), counties and school districts, in the utilization of funds allocated pursuant to any appropriation from any account…
   • § 49413 (a) The Legislature recognizes the importance of first aid and cardiopulmonary resuscitation training. In enacting this section, it is the intent of the…
   • § 49414 (a) Local educational agencies shall provide emergency epinephrine delivery systems, to be stored at each schoolsite, including at the location of any…
   • § 49414.1 (a) For purposes of this section, the following apply: (1) “Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code. “Cannabis”…
   • § 49414.2 (a) The department shall create the California Food Allergy Resource internet web page to provide voluntary guidance to local educational agencies to help…
   • § 49414.3 (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school…
   • § 49414.35 (a) Notwithstanding any other law or regulation, a local educational agency shall not prohibit a pupil 12 years of age or older, while on a schoolsite or…
   • § 49414.4 (a) It is the intent of the Legislature that, as part of a restorative justice framework, a school use alternatives to a referral of a pupil to a law…
   • § 49414.5 (a) In the absence of a credentialed school nurse or other licensed nurse onsite at the school, each school district may provide school personnel with…
   • § 49414.6 (a) Notwithstanding any other law or regulation, local educational agencies shall not prohibit pupils in middle schools, junior high schools, high schools, or…
   • § 49414.7 (a) School districts, county offices of education, and charter schools may provide emergency stock albuterol inhalers, including, if necessary, single-use…
   • § 49414.8 (a) (1) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the sum of three million five hundred thousand dollars ($3,500,000) shall…
   • § 49415 On or before July 1, 2004, the State Board of Education shall adopt maximum weight standards for textbooks used by pupils in elementary and secondary schools.…
   • § 49417 (a) A public school may solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). These funds shall only be used to…
2. ARTICLE 1.5. Office of School-Based Health Programs §§ 49418–49421.5 · 5 sections

   • § 49418 For purposes of this article, “office” means the Office of School-Based Health Programs established within the department that is dedicated to expanding access…
   • § 49419 (a) The department shall, no later than January 1, 2022, establish an Office of School-Based Health Programs for the purpose of assisting local educational…
   • § 49420 (a) The department shall by January 1, 2022, appoint a state school nurse consultant to be housed within the office, as established pursuant to Section 49419.…
   • § 49421 (a) The sum of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Superintendent on a one-time basis for the School Health…
   • § 49421.5 (a) (1) On or before June 30, 2022, the State Department of Education shall establish a process to select, with approval from the executive director of the…
3. ARTICLE 2. Employment of Medical Personnel §§ 49422–49429.5 · 19 sections

   • § 49422 (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by…
   • § 49423 (a) Notwithstanding Section 49422, any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and…
   • § 49423.1 (a) Notwithstanding Section 49422, a pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician or…
   • § 49423.5 (a) Notwithstanding Section 49422, an individual with exceptional needs who requires specialized physical health care services, during the regular schoolday,…
   • § 49423.5.1 On or before June 15, 2001, the State Department of Education shall review and make recommendations to the State Board of Education regarding any needed…
   • § 49423.6 (a) On or before June 15, 2001, the State Department of Education shall develop and recommend to the State Board of Education, and the board shall adopt…
   • § 49424 A school psychologist is a credentialed professional whose primary objective is the application of scientific principles of learning and behavior to ameliorate…
   • § 49425 Notwithstanding the provisions of Section 49422, a licensed physician need not hold a credential if his sole service for a school district or county…
   • § 49426 A school nurse is a registered nurse currently licensed under Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, and…
   • § 49426.5 (a) A licensed vocational nurse hired pursuant to this section shall be supervised by a credentialed school nurse who is employed as a school nurse at the same…
   • § 49427 (a) It is the intent of the Legislature that the governing board of each school district and each county superintendent of schools maintain fundamental school…
   • § 49428 (a) A school of a school district or county office of education and a charter school shall notify pupils and parents or guardians of pupils no less than twice…
   • § 49428.1 (a) On or before June 1, 2025, the department shall develop model referral protocols for addressing pupil behavioral health concerns. In developing these…
   • § 49428.15 (a) For purposes of this section, the following definitions apply: (1) “Evidence-based” means peer-reviewed, scientific research evidence, including studies…
   • § 49428.16 (a) It is the intent of the Legislature to assist local educational agencies in developing strategies for preventing pupil opioid overdoses, including…
   • § 49428.2 (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state…
   • § 49428.5 (a) On or before the start of the 2023–24 school year, each schoolsite in a school district, county office of education, or charter school, serving pupils in…
   • § 49429 (a) The department, in consultation with the State Department of Health Care Services and appropriate stakeholders, including stakeholders with experience in…
   • § 49429.5 (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) On or before November…
4. ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 §§ 49430–49434 · 10 sections

   • § 49430 As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that…
   • § 49430.3 Notwithstanding any provisions of law, including, but not limited to, Chapter 3 (commencing with Section 38080) of Part 23 or Section 48931, this article shall…
   • § 49430.7 (a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter…
   • § 49431 (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a…
   • § 49431.2 (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that…
   • § 49431.5 (a) (1) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages…
   • § 49431.7 (a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in…
   • § 49431.9 (a) For purposes of this section, and unless the context requires otherwise, the following terms have the following meanings: (1) “Advertising” means an oral,…
   • § 49432 Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s…
   • § 49434 Compliance with this article shall be monitored by the department in conformity with the United States Department of Agriculture’s administrative review…
5. ARTICLE 4. Physical Examinations §§ 49450–49458 · 13 sections

   • § 49450 The governing board of any school district shall make such rules for the examination of the pupils in the public schools under its jurisdiction as will insure…
   • § 49451 A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is…
   • § 49452 (a) The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the…
   • § 49452.5 The governing board of any school district shall, subject to Section 49451 and in addition to the physical examinations required pursuant to Sections 100275,…
   • § 49452.6 (a) The department, in coordination with any other entity the department deems appropriate, shall develop type 1 diabetes informational materials for the…
   • § 49452.7 (a) On and after July 1, 2010, the school district shall provide an information sheet regarding type 2 diabetes to the parent or guardian of incoming 7th grade…
   • § 49452.8 (a) (1) A pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously…
   • § 49454 A person employed by a school district in a position requiring certification qualifications who holds a valid special credential authorizing the teaching of…
   • § 49455 (a) (1) During the kindergarten year or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5,…
   • § 49455.5 (a) A local educational agency maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit eye…
   • § 49456 (a) When a defect other than a visual defect has been noted by the supervisor of health or his assistant, a report shall be made to the parent or guardian of…
   • § 49457 The supervisor of health shall make such reports from time to time as he deems best to the governing board of the school district, or as the board may call…
   • § 49458 When a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic…
6. ARTICLE 4.5. Pupil Health Assessment §§ 49460–49466 · 7 sections

   • § 49460 (a) The State Department of Education, the State Department of Health Services, and the State Department of Social Services shall jointly enter into a…
   • § 49461 The coordinating center at the California State University shall select a sample of schools that is demographically and ethnically representative of the…
   • § 49462 The health assessment shall be conducted over a four-year period and shall be completed on or before December 31, 2002.
   • § 49463 The California State University shall notify the parent or guardian of each pupil for whom the assessment has detected health problems and shall recommend…
   • § 49464 The State Department of Health Services and the State Department of Social Services shall be provided with scientifically valid results of the health…
   • § 49465 (a) The agencies enumerated in Section 49460 shall only be required to implement this article upon the availability of funds received from the private sector…
   • § 49466 No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision…
7. ARTICLE 4.6. The Seizure Safe Schools Act §§ 49468–49468.5 · 6 sections

   • § 49468 This article shall be known, and may be cited, as the Seizure Safe Schools Act.
   • § 49468.1 For purposes of this article, the following definitions apply: (a) “Authorizing physician and surgeon” may include, but is not limited to, a physician and…
   • § 49468.2 (a) (1) If a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil’s health care…
   • § 49468.3 (a) Before administering emergency anti-seizure medication or therapy prescribed to treat seizures in a pupil diagnosed with seizures, a seizure disorder, or…
   • § 49468.4 Emergency anti-seizure medication or medication prescribed to a pupil to treat the pupil’s seizures, a seizure disorder, or epilepsy symptoms shall be provided…
   • § 49468.5 (a) Any local educational agency that designates volunteers pursuant to subdivision (a) of Section 49468.2 shall ensure that each employee who volunteers under…
8. ARTICLE 5. District Medical Services and Insurance §§ 49470–49476 · 8 sections

   • § 49470 The governing board of any school district or districts may provide, or make available, medical or hospital service, or both, through nonprofit membership…
   • § 49471 If the governing board of any school district maintaining junior high schools or high schools does not provide or make available medical and hospital services…
   • § 49471.5 (a) If funding is made available for this purpose, the Legislature requests the University of California to design a study and conduct a representative…
   • § 49472 The governing board of any school district or districts which does not employ at least five physicians as full-time supervisors of health, or the equivalent…
   • § 49473 To facilitate the authority referred to in Sections 49470 and 49472 the governing board of the school district or school districts may authorize the…
   • § 49474 The governing board of any school district or districts may provide, or make available, ambulance service, paid for out of school district funds, for pupils,…
   • § 49475 (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall…
   • § 49476 (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall…
9. ARTICLE 6. Notice to School of Nonepisodic Condition § 49480 · 1 section

   • § 49480 The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic condition, shall inform the school nurse or other…
10. ARTICLE 7. School Breakfast and Lunch Program §§ 49490–49494 · 5 sections

    • § 49490 The Legislature finds and declares that hunger and malnutrition among children from low-income families constitute one of the most critical child health…
    • § 49491 No amount received by a school district or other public or private nonprofit school pursuant to this article or the National School Lunch Program shall be used…
    • § 49492 A school district or other public or private nonprofit school or agency receiving reimbursement pursuant to this article shall meet standards adopted by the…
    • § 49493 No allocation or reimbursement of funds shall be made pursuant to this article to any public or private nonprofit school or agency in behalf of any child who…
    • § 49494 Notwithstanding Section 49493, an allocation shall be made pursuant to this article for a ward or dependent of the court who resides in a probation camp,…
11. ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children §§ 49495–49496 · 2 sections

    • § 49495 (a) The department shall, in consultation with the State Department of Social Services, develop guidance for local educational agencies participating in the…
    • § 49496 For purposes of this article, the following definitions apply: (a) “Eligible nonschoolaged child” means a child who is not enrolled in school and who is a…
12. ARTICLE 8. Meals §§ 49501.5–49507 · 7 sections

    • § 49501.5 (a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply: (1) (A) (i) A school…
    • § 49503 School district funds may also be used for the purchase of school meals for pupils, as provided in Sections 49500 and 49501.5.
    • § 49504 Each official and department of the state having charge of the administering of funds for the relief of indigents may contribute and pay any of the funds…
    • § 49505 (a) Any school district or county office of education participating in the National School Lunch Program that provides a meal to a pupil rendered homeless by a…
    • § 49506 (a) (1) The department shall work with the State Department of Social Services to maximize participation in the federal Summer Electronic Benefit Transfer for…
    • § 49506.5 A school that participates in the National School Lunch Program or School Breakfast Program shall determine a pupil’s Summer Electronic Benefits Transfer (EBT)…
    • § 49507 (a) In addition to the funds allocated pursuant to Item 6100-488 of Section 2.0 of the Budget Act of 2026, the sum of four hundred million dollars…
13. ARTICLE 9. Nutrition §§ 49510–49520 · 8 sections

    • § 49510 This article shall be known and may be cited as the Duffy-Moscone Family Nutrition Education and Services Act of 1970.
    • § 49511 It is the intent of this article to establish an ongoing program to assure that the nutritional requirements of pupils in receipt of public assistance are…
    • § 49512 (a) The State Department of Education shall establish a statewide program to provide nutritious meals at school for pupils and shall enter into an agreement…
    • § 49513 To the extent that school districts have an operational program of school meals for pupils, the program authorized by this article shall be integrated with…
    • § 49515 Programs established under this article shall, to the extent feasible and practicable, include provisions for the use of parents of needy pupils in the…
    • § 49518 To the extent that available funds are insufficient to provide services under the program established by this article to all pupils defined as eligible, the…
    • § 49519 Each meal provided under this article shall include an appropriate serving of milk; provided, that the provisions of this section shall not be mandatory in the…
    • § 49520 Notice of the availability of the program prescribed by this article shall be given pursuant to Section 48980.
14. ARTICLE 10. Child Nutrition Act of 1974 §§ 49530–49536 · 7 sections

    • § 49530 (a) The Legislature finds that (1) the proper nutrition of children is a matter of highest state priority, and (2) there is a demonstrated relationship between…
    • § 49530.5 As used in this article, “child nutrition entity” means any school district, county superintendent of schools, child development program operated pursuant to…
    • § 49531 (a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are…
    • § 49531.1 (a) The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all…
    • § 49533 (a) A Child Nutrition Advisory Council composed of 13 members shall be appointed by January 1, 1975, to recommend plans and guidelines for school and child…
    • § 49534 (a) The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under…
    • § 49536 (a) The department shall, before July 1 of each year, prescribe an adjustment in the state meal contribution rates established pursuant to this section for the…
15. ARTICLE 10.5. Child Care Food Program §§ 49540–49546 · 8 sections

    • § 49540 The Department of Education shall, on behalf of the state, participate in the federal child care food program prescribed by Public Law 95-627, as codified in…
    • § 49541 The Department of Education is hereby designated as the single state agency to administer the child care food program.
    • § 49542 (a) The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services…
    • § 49543 The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services…
    • § 49544 The Department of Education shall maximize the use of available federal funds for the federal child care food program by all eligible entities that provide…
    • § 49545 The Department of Education shall secure, in a timely manner, federal reimbursement for all eligible, participating entities in the child care food program.
    • § 49545.5 To the extent permitted by federal law, the State Department of Education shall adopt regulations to establish eligibility requirements for participation in…
    • § 49546 It is the intent of the Legislature that funding for costs for the implementation of this article shall come from either federal funds or transfer of funds…
16. ARTICLE 10.7. Comprehensive Nutrition Services §§ 49547–49548.3 · 5 sections

    • § 49547 (a) The Legislature finds and declares as follows: (1) Proper nutrition for children is a matter of the highest state priority. (2) There is a demonstrated…
    • § 49547.5 (a) The Legislature finds and declares the following: (1) Needy children rely upon school meals for supplemental nutrition that benefits their health, growth,…
    • § 49548 (a) The state board, in order to effect compliance with legislative findings expressed in Section 49547, shall restrict the criteria for the issuance of…
    • § 49548.2 (a) The State Department of Education shall seek federal statutory amendments as follows: (1) To cause the Summer Food Service Program for Children to become…
    • § 49548.3 The State Department of Education shall invite the United States Department of Agriculture to join the Child Nutrition and Food Distribution Division in its…
17. ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 §§ 49550.3–49564.5 · 22 sections

    • § 49550.3 (a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the federal School Breakfast Program be made…
    • § 49550.5 (a) For purposes of this section, the following definitions apply: (1) “Cafeteria fund” means the nonprofit school food service account, as defined in Section…
    • § 49551 The State Board of Education shall adopt regulations prescribing standards and guidelines for carrying out the purposes of this article.
    • § 49552 For the purposes of this article, needy children shall be defined as those children who meet federal eligibility criteria for free and reduced price meals as…
    • § 49553 (a) A nutritionally adequate meal, for the purposes of this article, is a breakfast or lunch as defined in Section 49531 that qualifies for reimbursement under…
    • § 49554 Any school district or county superintendent of schools which has had no food service employees since July 1, 1977, or has inadequate or no food preparation…
    • § 49556 The Superintendent shall supervise the implementation of this article and shall investigate acts of alleged noncompliance. If the Superintendent finds that a…
    • § 49557 (a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals…
    • § 49557.1 In making available to pupils the application for participation in the free or reduced-price meal program provided for under subdivision (a) of Section 49557,…
    • § 49557.2 (a) (1) At the option of the school district or county superintendent, and to the extent necessary to implement Section 14005.41 of the Welfare and…
    • § 49557.3 (a) Each school district or county office of education, at its option, may enter into a memorandum of understanding with the local agency that determines…
    • § 49557.4 (a) Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social…
    • § 49557.5 (a) For purposes of this section, “local educational agency” means a school, school district, county office of education, or charter school. (b) (1) A local…
    • § 49557.6 Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services…
    • § 49558 (a) All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision…
    • § 49559 (a) Any school food authority that participates in a federal child nutrition program and is reimbursed pursuant to subdivision (b) of Section 49501.5 for meals…
    • § 49560 The child nutrition programs operated pursuant to Section 49559 shall maintain a data base as specified by the Superintendent of Public Instruction for…
    • § 49561 (a) The department shall create a computerized data matching system using existing databases from the department and the State Department of Health Care…
    • § 49562 (a) The department, in consultation with the State Department of Health Care Services, shall develop and implement a process to use the participation data from…
    • § 49563 (a) For purposes of this section, the following terms have the following meanings: (1) “Buy American provision” means the provision requiring a school food…
    • § 49564.3 (a) For purposes of this section, a “high-poverty school” is a school that enrolls pupils in kindergarten or in any of grades 1 to 12, inclusive, and is…
    • § 49564.5 In order to ensure optimal access to nutrition, facilitate the use of the federal Community Eligibility Provision (42 U.S.C. Sec. 1759a), and further reduce…
18. ARTICLE 12. National School Lunch Act §§ 49570–49571 · 2 sections

    • § 49570 Each school district, county superintendent of schools, and other public or private entity that participates in programs under the National School Lunch Act,…
    • § 49571 (a) The Legislature finds and declares that the state strives to serve National School Lunch Program meals of the highest quality and greatest nutritional…
19. ARTICLE 13. Food Recovery Program §§ 49580–49581 · 2 sections

    • § 49580 For purposes of this article, the following terms have the following meanings: (a) “Food” has the same meaning as in Section 113781 of the Health and Safety…
    • § 49581 The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other…
20. ARTICLE 14. School Nutrition Report § 49590 · 1 section

    • § 49590 The Legislature finds and declares that the State of California strives to serve food of the highest quality and greatest nutritional value possible. The…