General Powers—School Boards

Cal. EDC § 49414.1

California Statutes

(

a) For purposes of this section, the following apply: (1) “Cannabis” has the same meaning as in

Section of the Health and Safety Code. “Cannabis” includes cannabis products. (2) “Cannabis products” has the same meaning as in

Section 11018.1 of the Health and Safety Code. (3) “Medicinal cannabis” excludes medicinal cannabis or cannabis products in a smokeable or vapeable form. (

b) Notwithstanding Sections and of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a pupil to possess and administer medicinal cannabis at a schoolsite to the pupil who is a qualified patient pursuant to

Article 2.5 (commencing with

Section 11362.7) of

Chapter of Division of the Health and Safety Code. (

c) The policy shall include, at a minimum, all of the following elements:

(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.

(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.

(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.

(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school. (

d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (

b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records. (

e) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (

b) may amend or rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy. (

f) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (

b) may amend or rescind the policy at a special meeting in compliance with

Section of the Government Code if both of the following conditions are met:

(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).

(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b). (

g) This

section does not require the staff of a school district, county office of education, or charter school to administer medicinal cannabis.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 49414.1
Date2021-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC49414.1.202037080

General Powers—School Boards

Cal. EDC § 49414.1

California Statutes

General Powers—School Boards

Cal. EDC § 49414.1

California Statutes

(

a) For purposes of this section, the following apply: (1) “Cannabis” has the same meaning as in

Section of the Health and Safety Code. “Cannabis” includes cannabis products. (2) “Cannabis products” has the same meaning as in

Section 11018.1 of the Health and Safety Code. (3) “Medicinal cannabis” excludes medicinal cannabis or cannabis products in a smokeable or vapeable form. (

b) Notwithstanding Sections and of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a pupil to possess and administer medicinal cannabis at a schoolsite to the pupil who is a qualified patient pursuant to

Article 2.5 (commencing with

Section 11362.7) of

Chapter of Division of the Health and Safety Code. (

c) The policy shall include, at a minimum, all of the following elements:

(1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils.

(2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite.

(3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis.

(4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school. (

d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (

b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records. (

e) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (

b) may amend or rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy. (

f) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (

b) may amend or rescind the policy at a special meeting in compliance with

Section of the Government Code if both of the following conditions are met:

(1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b).

(2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b). (

g) This

section does not require the staff of a school district, county office of education, or charter school to administer medicinal cannabis.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 49414.1
Date2021-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC49414.1.202037080