Bill Text: CA SB1172 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupil health: vision appraisals.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 925, Statutes of 2014. [SB1172 Detail]

Download: California-2013-SB1172-Amended.html

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BILL NUMBER: SB 1172	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  APRIL 23, 2014
	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senator Steinberg
   (Principal coauthors: Assembly Members Buchanan and Gonzalez)
    (   Coauthor:   Assembly Member  
Nazarian   ) 

                        FEBRUARY 20, 2014

   An act to amend Section 49455 of the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, as amended, Steinberg. Pupil health: vision appraisals.
   Existing law requires, upon first enrollment in a California
school district of a child at an elementary school, and at least
every 3rd year thereafter until the child has completed the 8th
grade, the child's vision to be appraised by the school nurse or
other authorized person, as specified. Existing law requires this
appraisal to include tests for visual acuity and color vision.
Existing law requires gross external observation of the child's eyes,
visual performance, and perception to be done by the school nurse
and the classroom teacher.
   This bill would instead require a pupil's vision to be appraised
by the school nurse or other authorized person during kindergarten or
upon first enrollment or entry in a California school district of a
pupil at an elementary school, and in grades 2, 5, and 8, except as
provided. The bill would revise the functions to be performed by the
school nurse and the classroom teacher in observing a pupil's eyes,
appearance, and other factors that may indicate vision difficulties.
The bill would require the State Department of Education to adopt
guidelines to implement those provisions, including training
requirements and a method of testing for near vision. Because the
bill would impose additional duties on public schools, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   The bill would incorporate changes to Section 49455 of the
Education Code proposed by both this bill and AB 1840 which would
become operative only if both bills are enacted and become effective
on or before January 1, 2015, and this bill is enacted last. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds that access to
vision care has been expanded with implementation of the federal
Patient Protection and Affordable Care Act (Public Law 111-148). It
is therefore the intent of the Legislature that families be
encouraged to utilize the vision care benefits in order to identify
vision difficulties that interfere with reading and learning. It is
also the intent of the Legislature to encourage school districts to
ensure that vision screening is performed by appropriately trained
professionals and that pupils with identified difficulties are
provided with information regarding health care coverage and
referrals. 
   SECTION 1.   SEC. 2.   Section 49455 of
the Education Code is amended to read:
   49455.  (a) (1) During the kindergarten year or upon first
enrollment or entry in a California school district of a pupil at an
elementary school, and in grades 2, 5, and 8, the pupil's vision
shall be appraised by the school nurse or other authorized person
under Section 49452.
   (2) A pupil whose first enrollment or entry occurs in grade 4 or 7
shall not be required to be appraised in the year immediately
following the pupil's first enrollment or entry.
   (b)  The appraisal shall include tests for visual acuity,
including near vision, and color vision; however, color vision shall
be appraised once and only on male pupils, and the results of the
appraisal shall be entered in the health record of the pupil. Color
vision appraisal need not begin until the male pupil has reached the
first grade.
   (c) The appraisal may be waived, if the pupil's parents so desire,
by their presenting of a certificate from a physician and surgeon, a
physician assistant practicing in compliance with Chapter 7.7
(commencing with Section 3500) of Division 2 of the Business and
Professions Code, or an optometrist setting out the results of a
determination of the pupil's vision, including visual acuity and
color vision.
   (d) Continual and regular observation of the pupil's eyes,
appearance, behavior, visual performance, and perception that may
indicate vision difficulties shall be done by the school nurse and
the classroom teacher.
   (e) This section shall not apply to a pupil whose parents or
guardian file with the principal of the school in which the pupil is
enrolling, a statement in writing that they adhere to the faith or
teachings of any well-recognized religious sect, denomination, or
organization and in accordance with its creed, tenets, or principles
depend for healing upon prayer in the practice of their religion.
   (f) The department shall adopt guidelines to implement this
section, including training requirements and a method of testing for
near vision.
   SEC. 2.5.    Section 49455 of the  
Education Code   is amended to read: 
   49455.   Upon   (a)     (1)
    During the kindergarten year or upon 
first enrollment  or entry  in a California school district
of a  child at a California   pupil at an 
elementary school, and  at least every third year thereafter
until the child has completed the eighth grade, the child's 
 in grades 2, 5, and 8, the pupil's  vision shall be
appraised by the school nurse or other authorized person under
Section 49452.  This evaluation  
   (2) A pupil whose first enrollment or entry occurs in grade 4 or 7
shall not be required to be appraised in the year immediately
following the pupil's first enrollment or entry. 
    (b)     The appraisal  shall include
tests for visual acuity  ,   including near vision,
 and color vision; however, color vision shall be appraised once
and only on male  children,   pupils,  and
the results of the appraisal shall be entered in the health record
of the pupil. Color vision appraisal need not begin until the male
pupil has reached the first grade.  Gross external
observation of the child's eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher. The
evaluation 
    (c)     The appraisal  may be waived,
if the  child's   pupil's  parents so
desire, by their presenting of a certificate from a physician and
surgeon, a physician assistant practicing in compliance with Chapter
7.7 (commencing with Section 3500) of Division 2 of the Business and
Professions Code, or an optometrist setting out the results of a
determination of the  child's   pupil's 
vision, including visual acuity and color vision. 
   The provisions of this  
   (d) A pupil's vision may be appraised by using an eye chart or any
other scientifically validated photoscreening test. Photoscreening
tests shall be performed, under an agreement with, or the supervision
of, an optometrist or ophthalmologist, by the school nurse or a
trained individual who meets requirements established by the
department.  
   (e) Continual and regular observation of the pupil's eyes,
appearance, behavior, visual performance, and perception that may
indicate vision difficulties shall be done by the school nurse and
the classroom teacher. 
    (f)     This  section shall not apply
to  any child   a pupil  whose parents or
guardian file with the principal of the school in which the 
child   pupil  is enrolling, a statement in writing
that they adhere to the faith or teachings of any well-recognized
religious sect, denomination, or organization and in accordance with
its creed, tenets, or principles depend for healing upon prayer in
the practice of their religion. 
   (g) The department shall adopt guidelines to implement this
section, including training requirements and a method of testing for
near vision. 
   SEC. 3.    Section 2.5 of this bill incorporates
amendments to Section 49455 of the Education Code proposed by both
this bill and Assembly Bill 1840. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 49455 of the Education Code,
and (3) this bill is enacted after Assembly Bill 1840, in which case
Section 2 of this bill shall not become operative. 
   SEC. 2.   SEC. 4.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.