BILL NUMBER: SB 709 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator De León
FEBRUARY 18, 2011
An act to amend Section 49452 of add
Section 49453 to the Education Code, relating to pupil health
, and maki ng an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 709, as amended, De León. Pupil health: sight and
hearing tests. comprehensive eye examinations.
Existing law requires the governing board of any school district
to provide for the adequate testing of sight and hearing of each
pupil enrolled in the schools of the district by specified persons.
Existing law also requires, upon first enrollment in a school
district, and at least every 3rd year thereafter until the child has
completed 8th grade, a child's vision to be appraised by the school
nurse, a qualified supervisor of health, or other specified person,
and requires this evaluation to include tests for visual acuity and
color vision, as specified. If a defect is noted by the supervisor of
health, or his or her assistant, existing law requires a report to
be made to the parent or guardian of the child that asks the parent
or guardian to take such action as will cure or correct the defect.
This bill would make technical, nonsubstantive changes to that
provision.
This bill would create the Voluntary Children's Vision Educational
Fund in the State Treasury for the purpose of funding projects that
help educate parents and guardians about the need for children to
receive comprehensive eye examinations prior to entering school. The
bill would require the fund to consist of specified money received by
the state on a voluntary basis and would provide that all money in
the fund is continuously appropriated to the State Department of
Education without regard to fiscal years for expenditure by the
Superintendent of Public Instruction for carrying out the purposes of
this act. By establishing a continuously appropriated fund, this
bill would make an appropriation.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) One in four schoolaged children have some form of vision
problem. Without a comprehensive eye examination before they enter
school, many children will suffer from undetected vision problems,
and some may even be misdiagnosed as having a learning disorder.
(b) Approximately 80 percent of what a child learns is directly
related to vision. Comprehensive eye examinations ensure that
children can get the education they need to succeed in life.
According to the federal Centers for Disease Control and Prevention,
impaired vision can affect a child's cognitive, emotional,
neurological, and physical development by potentially limiting the
range of experiences and kinds of information to which the child is
exposed.
(c) Studies have demonstrated a clear link between delinquent
behavior and uncorrected vision. Pupils may not realize that they
cannot see well and instead believe that they are unable to learn,
leading them to give up on school. A study at one high school in
Maryland found that 98 percent of those classified as juvenile
delinquents suffered from a visual condition.
(d) According to the National Institutes of Health, vision
screening methods detected only 40 to 65 percent of children's vision
disorders. Comprehensive eye examinations are necessary to detect
problems that a simple screening can miss, such as eye coordination,
eye diseases, moderate amounts of farsightedness, astigmatism, and
the internal health of the eye.
(e) Obtaining a comprehensive eye examination prior to entering
school ensures that California pupils get the eye care they need to
see well and stay healthy so they can fully participate in their
education.
SEC. 2. Section 49453 is added to the
Education Code , to read:
49453. The Voluntary Children's Vision Educational Fund is hereby
created in the State Treasury for the purpose of funding projects
that help educate parents and guardians about the need for children
to receive comprehensive eye examinations prior to entering school.
The fund shall consist of money received by the state on a voluntary
basis from the federal government, individuals, businesses,
organizations, industry, and other sources for the purposes of this
section. Notwithstanding Section 13340 of the Government Code, all
money in the fund is continuously appropriated to the department
without regard to fiscal years for expenditure by the Superintendent,
in consultation with the department, for carrying out the purposes
of this section.
SECTION 1. Section 49452 of the Education Code
is amended to read:
49452. The governing board of a school district shall, subject to
Section 49451, provide for the testing of the sight and hearing of a
pupil enrolled in a school of the district. The test shall be
adequate in nature and shall be given only by duly qualified
supervisors of health employed by the district; or by certificated
employees of the district or of the county superintendent of schools
who possess the qualifications prescribed by the Commission for
Teacher Preparation and Licensing; or by contract with an agency duly
authorized to perform those services by the county superintendent of
schools of the county in which the district is located, under
guidelines established by the State Board of Education; or accredited
schools or colleges of optometry, osteopathic medicine, or medicine.
The records of the tests shall serve as evidence of the need of the
pupils for the educational facilities provided physically handicapped
individuals. The equipment necessary to conduct the tests may be
purchased or rented by governing boards of school districts. The
state, any agency, or political subdivision thereof may sell or rent
any such equipment owned by it to the governing board of a school
district upon terms as may be mutually agreeable.