Client News Briefs

New Requirements For Student Athletes

October 2011
Number 58
The Governor recently signed Assembly Bill (AB) 25 which adds two new requirements for student athletes related to concussions and head injuries. The bill adds section 49475 to the Education Code and is effective January 1, 2012.

This new law requires that each year, schools issue a concussion and head injury information sheet for athletes and their parents or guardians to sign and return before the athlete begins practice or competition. This requirement is not limited to contact sports or to students of a certain age. Accordingly, school districts should prepare and require a signed concussion and head injury information form for all student athletes participating in athletic programs as of January 1, 2012.

In addition, AB 25 requires that all student athletes participating in athletic programs (outside of their regular physical education courses or activities during the regular schoolday) suspected of sustaining a concussion or head injury shall be immediately removed from the activity and prohibited from returning until he or she is evaluated by a licensed health care provider. The athlete will be permitted to return only upon written clearance from the licensed health care provider.

This bill originally imposed requirements on third parties using district facilities for any purpose involving any physical or athletic activity, but that language was deleted from the original version of the bill.

LOZANO SMITH attorneys are available to assist school districts in staying current with the new legislation regarding students. If you have any questions about the concussion and head injury information sheet, these new procedures, or student matters in general, please contact one of our eight offices located statewide or visit our website.

As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.