2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 9 - Pupil and Personnel Health › ARTICLE 1 - General Powers School Boards › Section 49414.8.

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 be appropriated from the General Fund to the department to allocate to county offices of education for the purpose of purchasing and maintaining a sufficient stock of emergency opioid antagonists for local educational agencies within its jurisdiction.
(2) (A) County offices of education shall purchase a minimum of two units for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction.
(B) Funding allocations provided to county offices of education pursuant to this section may be used to complement any emergency opioid antagonist resources allocated through the State Department of Health Care Services’ Naloxone Distribution Project for these purposes.
(3) County offices of education may enter into agreements with local educational agencies within their jurisdiction, or other county offices of education, to comply with the minimum purchasing requirements specified in paragraph (2).
(4) Funding allocations shall be reevaluated each year based on the factors listed in subdivision (c).
(b) Of the amount appropriated in subdivision (a), up to three hundred fifty thousand dollars ($350,000) shall be allocated to county offices of education for administrative costs to coordinate, maintain stock, and distribute emergency opioid antagonists to local educational agencies within their jurisdiction. The Superintendent shall develop an allocation formula for use in determining the allocation amounts for each county office of education based on the number of local educational agencies within each county office of education’s jurisdiction and the number of pupils and students served in schools within those local educational agencies.
(c) After allocations are made pursuant to subdivision (b), the department shall consider, in allocating the remaining funds to county offices of education, the number of middle school, junior high school, high school, and adult school schoolsites that are within each county office of education, the number of pupils and students served by those required schoolsites, and any other factors determined by the department.
(d) As a condition of receiving funds pursuant to this section, county offices of education shall do all of the following:
(1) Coordinate the purchase of and maintain a stock of emergency opioid antagonists on behalf of local educational agencies within their jurisdiction, in a manner consistent with paragraph (2) or (3) of subdivision (a), that is best suited for distribution and use in schools by doing all of the following:
(A) Either applying to be a qualified direct purchaser with the naloxone manufacturer to purchase the emergency opioid antagonist at the public interest price or purchasing directly from a distributor, state entity, or local entity, a quantity sufficient to stock, at a minimum, two units per middle school, junior high school, high school, and adult school schoolsite for each local educational agency within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a).
(B) Distributing a minimum of two units of an emergency opioid antagonist to local educational agencies for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a).
(C) To the extent that the minimum stocking requirements pursuant to subparagraph (B) of paragraph (2) are met, county offices of education may also distribute emergency opioid antagonists to local educational agencies for distribution to elementary schoolsites.
(2) As a condition of receiving emergency opioid antagonist units from a county office of education, or consistent with an agreement pursuant to paragraph (3) of subdivision (a), local educational agencies shall do the following:
(A) (i) Ensure no fewer than two schoolsite staff members per required schoolsite meet the minimum standards of training for the administration of an emergency opioid antagonist as specified in subdivision (e) of Section 49414.3 or have undergone opioid overdose prevention and treatment training and reviewed materials available on the State Department of Public Health’s internet website.
(ii) County offices of education may use resources for technical assistance on the State Department of Education or State Department of Public Health’s respective internet websites that include, but are not limited to, all of the following:
(I) The State Department of Public Health Office of Communications’ Fentanyl and Overdose Prevention​ toolkit.
(II) A sample school naloxone policy.
(III) School and educator resources.
(IV) Education on recognizing overdoses.
(V) A naloxone administration training video.
(B) Distribute the minimum of two units of an emergency opioid antagonist to each required schoolsite, including restocking a unit before its expiration date and, if used, as soon as reasonably possible after its use, but no later than two weeks after its use.
(e) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district or charter school.
(2) “Opioid antagonist” means naloxone hydrochloride, or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made.
(Added by Stats. 2023, Ch. 48, Sec. 55. (SB 114) Effective July 10, 2023.)