Section 124105 Of Article 6. Child Health And Disability Prevention Program From California Health And Safety Code >> Division 106. >> Part 2. >> Chapter 3. >> Article 6.
124105
. (a) This section shall be known and may be cited as the
"Hughes Children's Health Enforcement Act."
(b) The Legislature recognizes the importance of health to
learning and to a successful academic career. The Legislature also
recognizes the important role of schools in ensuring the health of
pupils through health education and the maintenance of minimal health
standards among the pupil population. Therefore, it is the intent of
the Legislature that schools ensure that pupils receive a health
screening before the end of the first grade.
(c) The governing board of each school district shall exclude from
school, for not more than five days, any first grade pupil who has
not provided either a certificate or a waiver, as specified in
Section 124085, on or before the 90th day after the pupil's entrance
into the first grade. The exclusion shall commence with the 91st
calendar day after the pupil's entrance into the first grade, unless
school is not in session that day, then the exclusion shall commence
on the next succeeding schoolday. A child shall not be excluded under
this section if the pupil's parent or guardian provides to the
district either a certificate or a waiver as specified in Section
124085.
(d) The governing board of a school district may exempt any pupil
from the exclusion described in subdivision (c) if, at least twice
between the first day and the 90th day after the pupil's entrance
into the first grade, the district has contacted the pupil's parent
or guardian and the parent or guardian refuses to provide either a
certificate or a waiver as specified in Section 124085. The number of
exemptions from exclusion granted by a school district pursuant to
this subdivision may not exceed 5 percent of a school district's
first grade enrollment. It is the intent of the Legislature that
exemptions from exclusion be used in extraordinary circumstances,
including, but not limited to, family situations of great dysfunction
or disruption, including substance abuse by parents or guardians,
child abuse, or child neglect.
(e) It is the intent of the Legislature that, upon a pupil's
enrollment in kindergarten or first grade, the governing board of the
school district notify the pupil's parent or guardian of the
obligation to comply with Section 124085 and of the availability for
low-income children of free health screening for up to 18 months
prior to entry into first grade through the Child Health Disabilities
Prevention Program.
(f) It is the intent of the Legislature that school districts
provide information to parents regarding the requirements of Section
124085 within the notification of immunization requirements.
Moreover, the Legislature intends that the information sent to
parents encourage parents to obtain health screenings simultaneously
with immunizations.