Memo from Perkins to Counsel; from Perkins and Card to Matthews File

    National Health Law Program, Inc. 
                 

i? }| MAIN OFFICE 
La viphega Boulevard 

Los Angeles California 90034 

    RACGP LEG 
Memo 4 £1 | i Stregt, N.W Suite 705 

  

(202) 887-5310 

To: Joel Reynolds, Bill Lee, Kim Card, Susan Spelletich, Fax# (202) 785-6792 

Mark Rosenbaum 

From: Jane Perkins?” 

Date: March 28, 1991 

Re: Matthews co-counsel meeting and client declarations 
eer Ee Gm GE Sen Gre GEE Sn Gun GUS SND TEP SNS VNR CHS Gen GE GME GEE GMS GEG GN GNF SED SMD SES GHP Gh ENE GeO GWE SEE GEE GEN GER TED GEE GEV GIS GRD SEM SU GHG GES SNE SES GES GHG ME SNE GHA Gm SED GEL GER Sub GES Gen Gomes ee 

Unfortunately, the meeting scheduled for March 27th did not 

come off. We should reschedule a meeting, and I will have Val call 

around to get agreeable dates from everyone. 

Kim and I have developed the attached list of questions for 

class certification (and other) declarations. 

Will you please review this list and contact me if you have 
additional questions that should be asked? 

Judge Lynch hears motions every Friday at 10:30 am. I would 

like to schedule the class certification motion for May 31st. 

(Remember that this motion will probably never be heard; rather, 

we will probably stipulate to a class once our opening papers are 

filed.) 

The State’s second round of discovery is due April 26th. 

Putting all of this together, we need to have our declarations for 
class certification finalized by April 26th. 

Legal Aid in Oakland was going to be responsible for putting 

together a declaration from PUEBLO and for obtaining individual 

declarations from PUEBLO members. I seem to recall that Joel was 

going to handle Lisa Matthews. If this is incorrect, 1let’s 

discuss. 

On another front, there is some state legislative activity on 
this issue. Kim sent me copies of bills introduced by Assembly 

Members Lee and Connelly. We obviously need to get a handle on 

this and not let anything possibility negative about it get out of 
hand. Let’s discuss this at the next meeting. 

FUNDED BY THE LEGAL SERVICES CORPORATION 

a 

 



  

National Health Law Program, Inc. 
  

  

    

  

        
  

  

MAIN OFFICE 

2639 South La Cienega Boulevard 

Los Angeles, California 90034 
(213) 204-6010 

Fax #: (213) 204-0891 

BRANCH OFFICE 

1815 H. Street, N.W Suite 705 

Washington, D.C. 20006 

(202) 887-5310 

Fax #: (202) 785-6792 

Memo 

To: Matthews File 

From: Jane Perkins/Kim Card 
Date: March 28, 1991 

Re: Class certification declarations -- client questionnaire 

Listed below are suggested areas of investigation when interviewing 

clients for declarations. Of course, if the areas do not pan out, 

do not include them in the declaration. 

INTRODUCTION 
  

1. Name of declarant 

2. Residence, including street address, city, county 

3. Bthnic group 

4. Names of children, including ages 

5. Monthly income and source of income 

MEDI-CAL STATUS 
  

6. Do parent(s) receive Medi-Cal? 

7. Are children on Medi-Cal? 

8. Do the children have a regular Medi-Cal participating primary 

care provider? 

RISK FACTORS 
  

9. Description of the present and, where appropriate previous, 

residence 

public housing? 
constructed using pre-1977 interior and/or exterior paint? 

if built before 1977, has the building been repainted 

without abatement? 
near a freeway? 
do you know if your neighborhood has any areas contaminated 

by lead? 

10. Occupations of parents 

smelter, battery, auto mechanic, paint removal, building 

demolition, renovation of housing? 

FUNDED BY THE LEGAL SERVICES CORPORATION 

2 

 



  

Matthews declaration 

March 28, 1991 
Page 2 

11. Toddlers exhibit "pica behavior" 

i.e., compulsive eating, mouthing of non-food items? 

12. Use of folk remedies or imported goods 

If Hispanic -- azarcon, greta? 
If Asian or Middle Eastern -- imported cosmetics on 

children or imported ceramic pottery? 

13. Description of children 

complain of headaches, irritability, tiredness, lack of 
appetite, stomachaches, sleep for long periods of time? 

hyperactive, decreased intelligence (IQ), reading disability, 
speech impairments, deficient motor skills, behavior problems in 
school, poor attention span, kidney problems, cancer? 

EPSDT INFORMATION 
  

14. Enrollment 
  

ever heard of a program called the Child Health and Disability 
Prevention Program? 

when, from whom? 

ever heard of a program called the Early and Periodic 
Screening Diagnosis and Treatment Program? 

when, from whom? 

ever received any written materials regarding lead poisoning, 
either from the Department of Health Services, the county, from 
your doctor(s), or from others? 

Are the children enrolled in the CHDP or EPSDT Program? 

Have children ever received a CHDP screen? 
When (it should have been within the last year)? 
What happened during the screen? 
Was any condition diagnosed? 
Was there any follow-up treatment? 
Was there a referral? 
How was the treatment paid for? 

 



  

Matthews declaration 

March 28, 1991 
Page 3 

15. Lead blood screening 
  

During the CHDP screen, were you told of right to receive a 

lead blood level assessment? Was this assessment explained to you? 

Did a doctor ask you questions about the possibility of lead 

exposure? 
Was a test for lead poisoning performed? 

Were the results of the test transmitted to the recipient, 

explained to the recipient? 

16. Treatment 
  

Right to receive treatment for elevated lead blood levels 

explained during the CHDP screen? 

Treatment for lead blood poisoning received through Medi-Cal? 

When? Where? What were the results? Was there any follow up? 

Treatment for elevated lead blood levels received through 

Medi-Cal? 

17. No EPSDT/CHDP Screen 
  

If your children have never received a CHDP/EPSDT screen, have 

they ever had a general check-up, a physical examination or 

immunizations for school? If so, how were these services paid for? 

Did they take your Medi-Cal stickers? Were you billed? When were 

these services provided? Were lead poisoning and/or lead blood 

level assessments mentioned? Did the doctors ask questions about 

the possibility of lead exposure? Was a lead blood test provided? 

Were you billed? 

PUEBLO MEMBERS 
  

18. Are you a member of PUEBLO? 

19. Did you participate in the group trip to Children’ Hospital 

in July 1990? What happened? 

20. Are you concerned about issues of lead poisoning? If so, 

why? 

 



MAR-27-'91 WED 12:31 [D:LEGAL RID UAKLAND Tel NO:1415-451-32500 

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%* LEGI-TECH BILL TEXT REPORT 
03/22/91 * 

A PPP bere Te ly ro WRLIRERINE | LL ki ie dere ioddiinichinbiidnhibbidiieiid 

Introduced by Assembly Menber(Lee / 

March 8, 1991 

An act to add Section 321.1 to the Health and Safety Code, relating to 

child health and disability prevention, and declaring the urgency 

thereof, to take effect immediately. 

- .. LEGISLASIVESQUNSEL'S DIGEST. i era ts 

AB 1979, as introduced, lee. child health and disability prevention: 

lead testing. 
Under existing law, the State Department of Health Services is 

he child health disability prevention program, 

ds for the approval of community child health 

nd rules and regulations, as 

necessary, f each county is required to 

establish a commun disability prevention program for 
nts of the health 

lan to amend 

and lit 
and periodic scre 

ir thelr Blood every year betwe 

  

the plan tL MUL -C 3 5 S1-30!- Kia T 

strategy to address the education and training needs of child health 

disability program early and periodic screening, diagnosis, and treatment 

providers regarding the detection and treatment of lead exposure. 

This bill would require the department to report to the Legislature 

within 90 days of the effective date of the bill on its plan. 

This bill would declare that it is to take effect immediately as an 

urgency statute. 

Vote: . Appropriation: no. Fiscal committee: yes. State-mandated 

local program: no. 

The people of the State of California do enact as follows: 

SECTION 1. Section 321.1 is added to the Health and Safety Code, to 

read: 
: 

321.1. (a) The department shall research and formulate a plan to 

amend the California Code of Regulations to require child health and 

disability program providers to test all children eligible for early and 

periodic screening, diagnosis, and treatment for the levels of lead in 

their blood every year between the ages of one and five years of age. 

The plan formulated by the department shall also include a strategy to 

address the education and training needs of child health disability 

program early and periodic screening, diagnosis, and treatment providers 

regarding the detection and treatment of lead exposure. 

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MAR-27-"91 WED 12:32 ID:LEGAL AID OAKLAND TEL NO: 415-451-3296 TE ——— 
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(b) The department shall report to the Legislature within 90 days of 

the effective date of this section on its plan developed pursuant to 

gubdivision (a). 

SEC. 2. This act is an urgency statute necessary for the immediate 

preservation of the public peace, health, or safety within the meaning of 

Article IV of the constitution and shall go into immediate effect. The 

facts constituting the necessity are: 

Due to the health risks to children associated with lead exposure, it 

is necessary for this act to take effect immediately. 

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4° March 8, 1991 

S ig : Rl : oe) 

6 An act to add Section 1367.67 to, to add Article 4.6 (commencing with 

7 gectith 372) to Chapte of Part 1 ofifgsision 1 of, tha H i and 7} 

g safety Code, and to add Sections 10119.8 and 11512.35 to the Insurance 

9 Code, relating to lead poisoning. 
: 

  

         
12 

13 AB 2038, as introduced, Con elly. Lead poisoning. 

14 Under existing law, biG Sade Depa pt. af. Health Seruicas is 4 
18 required to administer the Child Health Disa lity Preventic J#¥ rrogranm, 

16 and adopt minimum standaxds.for the approval of community child healthey. ~~ 

17 and disability prevention programs Bnd rules and regulations, as wir 

18 necessary, and the governing board of each county or counties are 

19 required to establish a community child health and disability prevention 

20 program for the purpose of providing early and periodic assessments of 

21 ,the health status of children in the county or counties. Under existing 

22 law, the State Department of Health Servi 5 also required ®o voc. 

23 establish and administer the California Children's Services Program for 

24 physically defective or handicapped perscns under the age of 21 years, 

25 the board of supervisors of each county is required to designate the 

26 cofinty départment of public health or the county departilent of social 

27 welfare as fhe Japioaced agency to administer the program, and the 

28 department is {red "to establish uniform standards dP ¥inanc iat . gil 

29 eligibility for treatment services under the program. 

30 This bill would enact the childhged Lead Poisoning and Prevention Act s& 

31 of 1991, which would require, beginning January 1, 1993, the Child Health 

Z A A Erb hiobifiaioble i oR btn TI es 

33 mney prevention Program to require the community child health and 

14 disability prevention programs to conduct screening for lead blood levels 

35 of children eligible for the program once between thé ages of 9 and 12 

36 months © : 94 wonths as part of each child's 

37 health asses as defined, thereby creating a state-mandated local 

38 program by Iuposifiy ERAICIONAT QUEISE OF CORRUAILY child health and. : 
39 disabi revention programs 

40 — This E11 also, beginning January 1, 1993, would require a child with 

41 lead pelsoniny +o be considered a handicapped child for purposes of the 

42 California Children's Services Program, and the california Children's 

43 Services Program to provide appropriate followup health care for children 

44 with lead poisoning who mee ards of financial eligibility, me. 

45 thereby creating a state-mandated leccal program. 

46 The bill would require, beginning January 1, 1993, a physician and 

47 surgeon who provides ongoing medical care for a child who is not eligible 

48 for health assessments provided by a community child health and 

49 disability prevention program to conduct screening for lead blood levels 

50 of the child, once between the ages of 9 and 12 months of age, and again 

  

  

  

  

      

  

  

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‘4 at the age of 24 months, and to © also provide appropriate ap 

2 followup health care for a child with lead poisoning. 

an The bill would require, on or before January“ 1, 1993, the department 

to develpp guidelines which specify fhe testing protocol to be utilized 

in screening for lead blood levels for purposes of the act, as _ 

prescri The bill would require the department to provide information 

wlay® ee dfs regarding the protocél tobe utilized in 

screening for lead bloed levels, and the appropriate followup health care 

for lead poisoning. It would also re ire each local health department 

reat the public regarding the requixg 

on
 

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thereby CE g a ndat ‘local program. . a ra 

13 The bill, in the case of a child diagnosed with lead poisoning who 

14 resides. ia.its.xegion, would requiss @-3ocal. health departmant Fagabvide er 

18 information to the parent or guardian of the child regardin thd Sources 

16 of lead poisoning 424 Bea to.greveny further exposure, and 2 the case g&. 

17 a child diagnosed with high levels of lead poisoning who resides in its 

18 region, would require a local health department to conduct environmental 

19 testing, determined appropriate by the local health department, to 

20 determine the source of the lead poisoning, thereby imposing a 

21 state-mandated local progran. 

22 °° The bill would require the department-~to establish a fee schedule 4 

23 which assesses a fee upon and collects the asegessed fees from 

24 manufactures of household paint and manufacturers of leaded gasoline sold 

25 in California. It would provide that a manufacturer who can prove to the 

26 satisfactiéfi"of the state department that it has never manufacturedessr 

27 sold lead pased paint in california would not be required to pay a fee. 

folely £8¥“the puiffese’¥t paying costs necessary to 

  

   
   

  

28 The fees a us 

29 implement the above program based upon the state department's reasonable 

30 anticipated costs of implementing the program. The fee schedule would be 

31 required to provide for the recovery of all costs of implementing the 

32 progran. : 

33 The bill would require, on and after January 1, 1993, every health 

34 care service plan contract and ev BIOLt hop errs plan 

35 “contract which {8 tusuey, amended, or renewed, and x fnsurer issuing, 

3% - ‘amending, OF renewing a policy of disability insurance, that covers 

37 hospital, medical, of a expenses to cover screening Tor Iéad blood 

38 1evels EE reqyitan DY UNE AroTe A rina program. bince a wiliTul 

39 violation of thé héalth care service plan provisions is a misdemeanor or 

40 a felony, this bill would impose a state-mandated local program by 

41 changing the definition of a crime. 

42 The California Constitution requires the state to reimburse local 

43 agencies and school districts for certain costs mandated by the state. 

44 ©Statutory provisions establish procedures for making that reimbursement, 

45 including the creation of a State Mandates Claims Fund to pay the costs 

46 of mandates which do not exceed $1,000,000 statewide and other procedures 

47 for claims whose statewide costs exceed $1,000,000. 

48 This bill would provide that for certain costs no reimbursement is 

49 required by this act for a specified reason. However, this bill would 

50 provide that, if the Commission on State Mandates determines that this 

  

  

  

  

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1 “Yratawide cost does not exceed $1,000,000, shall be made fom the State 

4 Mandates Claims Fund. 
2 

5 vote mdfority. Appropr iat: no. Piscal committee: vy@s. 

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8 
9 

State-~ ated 1 1 program: . 
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toate 

The people of the State of california do enact as follows: 

commencing with Section 372) is added to : 

          
12 Article 4.6. rad Poisoning 

13 372. This article shall be known and may be cited as the Childhood 

iasning all Prevention A¢ 991 wifi T= sig gf in per | 

i5 Beginning January 1,” 593, the Child Health and Dis lity 

      

Emir ogpan (Azkicle 3.4 (commencing th Section 320)) shall 

17 require cosmunity child health and disability prevention programs to 

18 conduct screening for lead plood levels of children eligible for the 

19 program, once between the ages of 9 and 12 months of age, and again at 

20 the age of 24 months as part of sach child's health asd#essment, as 

21 defined in Section 6846 of Title 17 of the California Code of 

22 Regulations: 
: 

23 (b) Beginning January 1, 1993, a child with lead polsoning shall be 

24 considered a handicapped child for purposes of the California Children's 

2% Services Program (Article 2 (commencing with Section 248)), and the 

36 California Child¥n's Services Program shall provide appropriate féllowup # 

27 health care fpr children with lead poisoning who meet the standards of 

28 financial eligibility. Gok i: J Fe “it 

29 (¢) Beginning January 1, 1993, a physician and surgeon whe provides 

30 ongoing ‘kedical care for a child who is not eligible for health 

31 assessments provided by community child health and disability prevention 

32 programs shall conduct screening for lead blood levels of the child, once 

33 between the ages of 9 and 12 months of age, and again at the age of 24 

34 months, and shall also provide appropriate followup health care for a 

35 child with lead poisoning. 

36 (d) On or before January 1, 1993, the state department shall develop 

37 guidelines which specify the testing protocol to be utilized in screening 

38 for lead blood levels for purposes of this article. The testing protocol 

39 shall require that laboratories which do the screening maintain computer 

40 files of blood lead level results and transmit the results to the state 

41 department and local health departments in the region where the children 

42 1ive within 72 hours after completion of the testing, 

43 372.4. (a) The state department shall provide information to 

44 physicians and surgeons regarding the protocol to be utilized in 

45 screening for lead blood levels, and the appropriate followup health care 

46 for lead poisoning. 
47 (b) Each local health department shall distribute information to the 

48 public regarding the requirement for 

49 screening for lead blood levels as specified in Section 372.2 and the 

50 effects of lead poisoning. 

    

  

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        372.5. (a) Intl 
resides in its region, 2 local health department shall rovide 

information to the pares guardian of the nila BEgubaing the sources 

of le oning and h to prevent fu er exposure. i 

ig case of Tht 1a diagnoses witha h ‘levels of "lyggd 

1 
2 
3 
4 

4 
$ poisoning who resides in its region, a local hedlith department shall 

8 
9 

   
conduct environmefital testify; detorninediggpropr ats rdithe locak®¥klth 4&5 

department, to determine the source of the ead poisoning. 

(a) On or before July 1, 1992, the state department shall 

»¢ schedule which assesses a £ d collects the 

4 ea ER Et LEE a mE ry 

12 (1) Hallizactu¥fers of household paitierwold in Tall . 

13 manufacturer who can prove to the satisfaction of the state department 

14 that ¥ ever manufgghuredwr sold lead based paipt-dpgfelifornia 4 

15 shall not required to pay a fee. 
ik 

sem (2) Manufacturers of leaded gasgline sold.dn galiaspin. PE 

1? (b) The fees established pursuant to subdivision (aj shall be solely 

18 for the purpose of paying costs necessary to implement this article, 

1g based upon the state department's reasonable anticipated costs of 

20 implementing this article. The fee schefule shall provide for the 

21 recovery of all costs of implementing this article. : 

372.6. 
      

   

   

      

      

            

22 SEC. 2. Section $367.67 is added to the Health and Safety Code to “Re 

23 read: : 
: 

: 

24 1367.67. on and after January 1, 1993, every health care gervice plan 

8 contract which is issued, amended, or renewed that covers hogpital, 

6 medical, @ surgical expenses shall cover's eening for lead blood levels 

27 as required gotion 372.2. wl 

3, "0119.8 is s@ed’td®the Insurance Code, to read: rE 

29 10119.8. On and after January 1, 1993, every insurer issuing, 

30 amending, or renewing a policy gf disability insurance that ggvers 

31 hospital, medical, or gurgical expenses shall cover WHALE ded lead 

32 blood levels as required by Section 372.2 of the Health and Safety Ccde. 

4. B¢ 33 SEC. ction 11512.35 is a8ded to the Insurance Code, to read: * 

34 11512.35., On and after January 1, 1993, every nonprofit hospital 

35 sgervice “& 
plan contract which is 

16 issued, amended, or renewed that covers hospital, medical, or surgical 

37 expenses shall cover screening for lead blocd levels as required by 

38 Section 372.2 of the Health and Safaty Code. 

39 SEC. S. No reimbursement js required by this act pursuant to Section 6 

40 of Article XIIIB of the california Constitution for those costs which may 

41 be incurred by a local agency or school district will be incurred because 

42 this act creates a new crime or infraction, changes the definition of a 

43 crime or infraction, changes the penalty for a crime or infraction, or 

44 eliminates a crime or infraction. iby ‘ 

45 However, notwithstanding section 17610 of the Government Code, if the 

46 Commission on State Mandates determines that this act contains other 

47 costs mandated by the state, reimbursement to local agencies and school 

48 districts for those costs shall be mada pursuant to Part 7 (commencing 

49 with Section 17500) of pivision 4 of title 2 of the Government Code. If 

50 the statewide cost of the claim for reimbursement does not exceed one 

  

I 20 i SY So oy. SY 

   



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> 1 million dollars ($1,000,000), refdmbursement shall be made from the State 

2 Mandates Claims Fund. Notwithstanding Section 17580 of the Government 

Code, unless otherwise specified in this act, the provisions of this act 

shall become operative on the same date that the act takes effect 

JtiEnt to the California Constitution. we 
   

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03/18/91 * 

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AB 1659 
PAGE l 

3 
2 
3 Introduced by Assembly Moy Seles 

4 March 8, 1991 

5 
6 An act to add Article 4 (commencing with Section 32240) to Chapter 2 of 

7 part 19 of the Education Code, relating to lead poisoning. 

8 
9 

10 
LEGISLATIVE COUNSEL'S DIGEST 

1} 
eT, 

12 AB 1659, as introduced, Speier. (School lead sam 1i 

13 Existing law makes no provisid or—th& operation of a program to 

14 determine the presence of lead in the public schools. 

18 This bill would direct the State Department of Health services to 

3&6 conduct a sample survey throughout the state of public elementary 

17 schools, public preschools, and public day care facilities having a 

18 significant level of enrollment in order to develop an estimate of the 

19 level of lead contamination in those schools and facilities. The bill 

20 would require the department to convey the results of that survey, 

21 together with any recommendations of the department, to the legislature. 

22 Tha bill also would direct the department to make recommendations to 

23 the State Department of Education, based on the results of the survey, on 

24 the feasibility and necessity of conducting statewide lead testing and 

2% abatement in the schools, to develop environmental lead testing methods 

26 and standards for use by schools and contractors to ensure the scientific 

27 integrity of results, as specified, and, together with the State 

28 Department of Education, to establish guidelines for the training of 

29 contractors in methods of conducting environmental lead testing 

30 and abatement. The bill would require the State Department of Education 

31 to administer a program to train and certify contractors to conduct that 

33 testing and abatement. 

33 vote: majority. Appropriation: no. Fiscal committee: yes. 

34 State-mandated local program: no. 

35 
36 The people of the State of california do enact as follows: 

1? 

ag SECTION 1. The legislature finds and declares as follows: 

39 (a) Laad poisoning is preventable. 

40 (b) Health officials estimate that between 3,000,000 and 6,000,000 

41 individuals in the United States, of which 50,000 are in california, have 

42 enough lead in their bodies to lower their intelligence quotients, affect 

¢3 their nervous systems and behavior, and stunt growth. 

4 (c) In california, 90 percent of all lead in the air comes from 

45 automobile exhaust. 

46 (d) lead is the only toxic substance to which we knowingly allow our 

47 children to be exposed at a level that exceeds the lowest observed 

48 adverse affect level. | 

49 (e) Any house or other structure built before 1977, when leaded paint 

50 was banned, is potentially dangerous. One chip of a 50 percent lead 

DELETED MATERIAL IS IN BRACKETS {]). ADDED MATERIAL IS CAPITALIZED. 

 



   

  

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2 damage. 
3 (£) Children are at greater risk to lead poisoning than adults 

4 because they absorb 50 percent of the lead they eat or breathe, compared 

5 to 10 percent in adults. Also, children are more likely to come into 

6 contact with lead, either by playing in contaminated dirt 

7 or by eating old paint. 

8 (g) Poor children are at greater risk because they absorb more lead 

9 as a result of substandard nutrition. In addition, they tend to live in 

10 old, ill-saintained homes where lead paint chips abound, or near freeways 

11 or other sources of lead. 

12 (h) The toxic properties of virtually no other substance have been 

13 studied as extensively as those of lead. Lead provides no known 

14 physiolegical or mstabolic benefit, and adversely affects many organs and 

18 metabolic functions. The primary target organ for lead toxicity is the 

16 brain, or central nervous system, and the effects are especially damaging 

17 during early childhood development. 
18 (1) Approximately 250,000 children under the age of 6 years live in 

19 california census tracts in which 60 percent or more of the housing was 

20 built before 1950. The number of children at that level of risk could be 

21 even greater over time, since lead-based paint and soil contamination 

22 remain exposure sources for successive generations that occupy the house. 

23 (3) Lead affects different people in different ways, depending on 

24 such variables as nutrition, general health, and socioeconomic status. 

25 The health 
26 effects of lead, at varying concentrations, are set forth in the 

27 following chart: 
28 premature birth, low birth weight N 

29 Lead in Blood 

30 
(parts per 

31 million)Effects 10-15Slow cognitive 

32 developnent Loss of I.Q. 

33 Premature birth, low birth 

34 weight Slow growth up to 7 years old 

35 Inhibited blood forming enzyme 

37 15-20Impaired vitamin metabolism 

38 Inhibited blood production 

40 up to 25Lower I.Q. 

41 Slow reaction time 

42 Irritability 
¢3 Sleep disturbances 
44 Constipation 

48 30-40Impaired nerve function 
47 Anemia 
48 40 

49 and aboveBrain and nerve damage 
50 Reproductive failure 

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High 

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4 anemia 
Numbing 

5 fingers and toes 
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7 
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10 (bt) 
11 lead in Blood 
12 (parts per million) Effects 

1% 10-15 Slow cognitive 

14 development : Loss of 

I.Q. 
16 Premature birth, low birth weight 

17 Slow growth up to 7 years old 

18 Inhibited blcod forming enzyme 15-20 

19 Impaired vitamin metabolism 

20 Inhibited blood production 

21 up to 25 Lower I.Q. 

22 Slow reaction time 

23 Irritability 
24 

Sleep disturbances 

25 
Constipation 

26 30-40 Impaired 

27 nerve function 

28 Anemia 40 and above 

29 Brain and nerve damage 

30 Reproductive failure 

31 Kidney impairment 

32 High blood pressure 

33 70 Severe anemia 

34 Numbing fingers and toes 

35 Inability to grip 

36 80-100 Brain damage 

37 Liver/kidney 

38 failure (et) 

39 SEC. 2. Article 4 (commencing with Section 32240) is added to Chapter 

40 2 of Part 19 of the Education Code, to read: Article 4. lLead-Free 

41 Schools Protection Act 
42 32240. This act shall be known, and may be cited, as the ‘Lead~-Free 

é3 Schools Protection Act.? 

44 32241. The State Department of Health Services shall conduct a sample 

45 survey in schools in this state for the purpose of developing an estimate 

46 of the level of lead contamination in schools throughout the state. 

47 ‘Schools,' for the purposes of this article, shall include public 

48 elementary schools, public preschools, and public day care facilities 

49 having a significant level of enrollment. The survey shall test schools 

50 that are located in target areas that are representative of the 

 



    
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1 population of the state and where lead-based paint is likely to have been 

2 used, including, but not limited to, San Francisco County, Alameda 

3 County, Los Angeles County, and San Mateo County. The schools to be 

4 tested shall be selected on the basis of location in relation to 

§ high-risk areas, age of the facility, and the recorded use of lead paint 

6 in or around the facility. 

7 32242. The department shall do all of the following: 

5 (a) Design a strategy for testing schools that will result in the 

9 {dentification of the characteristics of high-risk schools and provide a 

10 basis for statewide estimates of the presence of lead in schools. 

11 (b) Conduct a survey, as described in Section 32241. The survey 

12 ghall seek to determine the extent of lead exposure to children by 

13 testing paint on the school, soil in play areas at the school, drinking 

14 water, and other potential sources identified by the department for this 

15 purpose. The department shall compile the results of that survey and 

16 report those results to the legislature, together with its 

17 recommendation, if any, for the abatement of lead hazards in the schools. 

18 (¢) Compile and summarize survey results. 

19 (d) Make recommendations to the State Department of Education, based 

20 on the results of the survey, on the feasibility and necessity of 

21 conducting statewide lead testing and abatement in the public schools. 

22 (ae) As deemed necessary and appropriate in view of the survey 

23 results, develop environmental lead testing methods and standards to 

24 ensure the scientific integrity of results, for use by schools and 

28 contractors designated by schools for that purpose. 

26 (£) Together with the State Department of Education, establish 

27 guidelines for the training of contractors in methods of conducting 

28 environmental lead testing and abatement. The State Department of 

29 Education shall administer a program to train and certify contractors to 

30 conduct that testing and abatement. 

31 32243. It is tha intent of the Legislature that the program of 

12 environmental lead testing and abatement provided fer by this article be 

33 conducted throughout the state if the results of the survey required 

24 under this article indicate that a significant hazard exists for children 

35 enrolled at the schools tested under the survey.