(a) (1) Upon learning that a school employee or pupil at a public or private school campus maintaining kindergarten or any of grades 1 to 12, inclusive, in the state has tested positive for COVID-19 and was present on campus while infectious, the school administrator or other person in charge of the public or private school shall immediately, and in no case later than 24 hours after learning of the positive case, notify the local health officer or the local health officer’s representative about the positive case.
(2) For purposes of this subdivision, the required notification to the local health officer or the local health officer’s representative shall include all of the following information, if known:
(A) Identifying information of the individual who tested positive, including full name, address, telephone number, and date of birth.
(B) The date of the positive test, the school or schools at which the individual was present onsite, and the date the individual was last onsite at the applicable school or schools.
(C) The name, address, and telephone number of the person making the report.
(3) The school administrator or other person in charge of the school shall notify the local health officer or the local health officer’s representative, as required by this subdivision, even if the individual who tested positive has not provided prior consent to the disclosure of personally identifiable information. For any school subject to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), the school administrator or other person in charge of the school shall notify the local health officer or the local health officer’s representative, even without prior written consent, as a disclosure that is necessary to protect the health or safety of the student or other individuals pursuant to Section 99.36 of Title 34 of the Code of Federal Regulations.
(4) (A) Information reported pursuant to this subdivision shall not be disclosed by a local public health department, except in any of the following circumstances:
(i) To the State Department of Public Health to the extent deemed necessary by the local health officer for an investigation to determine the source of infection and to prevent the spread of COVID-19.
(ii) If required by state or federal law.
(iii) With the written consent of the individual to whom the information pertains or the legal representative of the individual.
(iv) If the source of infection or exposure of other persons is believed to be outside the local jurisdiction, in which case the local health officer shall notify and share necessary information with local or government public health officials for the relevant jurisdictions to monitor, investigate, prevent, and control the spread of COVID-19.
(B) Upon receiving a report made pursuant to this article, the local health officer shall take the steps necessary to investigate, prevent, and control the spread of COVID-19.
(C) Information reported under this subdivision is not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) pursuant to subdivision (c) of Section 6254 of the Government Code.
(5) The requirements of this subdivision shall be in addition to any other legal requirements related to the reporting of a communicable disease.
(b) Beginning March 15, 2021, a single schoolsite of a local educational agency with two or more outbreaks of COVID-19, as identified by the local health officer or the State Department of Public Health, shall be subject to a safety review by the State Department of Public Health.
(Added by Stats. 2021, Ch. 10, Sec. 1. (AB 86) Effective March 5, 2021. Inoperative June 30, 2022. Repealed as of January 1, 2023, pursuant to Section 32095.)