Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1840


Introduced by Assembly Member Campos

February 18, 2014


An act to amend Sectionbegin delete 49452end deletebegin insert 49455end insert of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1840, as amended, Campos. Pupil health:begin delete sight and hearing tests.end deletebegin insert vision appraisal.end insert

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Existing law requires, upon first enrollment in a California school district of a child at a California 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.

end insert
begin insert

This bill would also require a child’s vision to be appraised upon first enrollment in a state or federally funded child care and development program, and at least every 3rd year thereafter until the child has completed the 8th grade, as specified. The bill would authorize a child’s vision to be appraised by using an eye chart or any other scientifically valid technology.

end insert
begin delete

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 to be given only by specified persons.

end delete
begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 49455 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

49455.  

begin insert(a)end insertbegin insertend insert Upon first enrollment in a California school district
4of a child at a California elementary schoolbegin insert or a state or federally
5funded child care and development program, as defined by Section
68208end insert
, and at least every third year thereafter until the child has
7completed the eighth grade, the child’s vision shall be appraised
8by the school nurse or other authorized person under Section
949452. Thisbegin delete evaluationend deletebegin insert appraisalend insert shall include tests for visual
10acuity and color vision; however, color vision shall be appraised
11once and only on male children, and the results of the appraisal
12shall be entered in the health record of the pupil. Color vision
13appraisal need not begin until the male pupil has reached the first
14grade. Gross external observation of the child’s eyes, visual
15performance, and perception shall be done by the school nurse and
16the classroom teacherbegin insert, or the caregiver, as applicableend insert. The
17begin delete evaluationend deletebegin insert appraisalend insert may be waived, if the child’s parents so desire,
18by their presenting of a certificate from a physician and surgeon,
19a physician assistant practicing in compliance with Chapter 7.7
20(commencing with Section 3500) of Division 2 of the Business
21and Professions Code, or an optometrist setting out the results of
22a determination of the child’s vision, including visual acuity and
23color vision.

begin insert

24(b) A child’s vision may be appraised by using an eye chart or
25any other scientifically valid technology. For purposes of this
26subdivision, a scientifically valid technology is a technology that
27has been published in a peer reviewed journal.

end insert
begin delete

28The provisions of this

end delete

29begin insert(c)end insertbegin insertend insertbegin insertThisend insert section shall not apply tobegin delete anyend deletebegin insert aend insert child whose parents or
30guardian file with the principal of the schoolbegin insert or the caregiver of
31the child care and development program, as applicable,end insert
in which
32the child is enrolling, a statement in writing that they adhere to the
33faith or teachings of any well-recognized religious sect,
34denomination, or organization and in accordance with its creed,
P3    1tenets, or principles depend for healing upon prayer in the practice
2of their religion.

begin delete
3

SECTION 1.  

Section 49452 of the Education Code is amended
4to read:

5

49452.  

The governing board of a school district shall, subject
6to Section 49451, provide for the testing of the sight and hearing
7of each pupil enrolled in a school of the district. The test shall be
8adequate in nature and shall be given only by duly qualified
9supervisors of health employed by the district; or by certificated
10employees of the district or of the county superintendent of schools
11who possess the qualifications prescribed by the Commission for
12Teacher Preparation and Licensing; or by contract with an agency
13duly authorized to perform those services by the county
14superintendent of schools of the county in which the district is
15located, under guidelines established by the State Board of
16Education; or accredited schools or colleges of optometry,
17osteopathic medicine, or medicine. The records of the tests shall
18serve as evidence of the need of the pupils for the educational
19facilities provided physically handicapped individuals. The
20equipment necessary to conduct the tests may be purchased or
21rented by governing boards of school districts. The state, any
22agency, or political subdivision thereof may sell or rent any such
23equipment owned by it to the governing board of a school district
24upon terms as may be mutually agreeable.

end delete


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