Senate Bill No. 430

Introduced by Senator Wright

(Coauthor: Assembly Member Mitchell)

February 21, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 430, as introduced, Wright. Pupil health: vision appraisal: binocular function.

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. Existing law requires this appraisal to include tests for visual acuity and color vision.

This bill would require the appraisal to also include a test for binocular function. The bill would provide that the binocular function appraisal need not begin until the pupil has reached the 3rd grade and would authorize the binocular function appraisal to include a validated symptom survey, as specified. By requiring a school nurse or other authorized person to test for binocular function, the bill would impose a state-mandated local program.

This bill would also make nonsubstantive changes to this provision.

 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.

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.  

Section 49455 of the Education Code is amended
to read:

49455.  

begin insert (a) end insert begin insert   end insert Upon first enrollment in a California school district
of a begin delete child end delete begin insert pupil end insert at a California elementary school, and at least every
third year thereafter until the begin delete child end delete begin insert pupil end insert has completed the begin delete eighth end delete
begin insert 8th end insert grade, the begin delete child’s end delete begin insert pupil’s end insert vision shall be appraised by the school
nurse or other authorized person under Section 49452. This
begin delete evaluation end delete begin insert appraisal end insert shall include tests for visual acuity begin insert , binocular
function, end insert and color vision; however, color vision shall be appraised
once and only on male begin delete children, end delete begin insert pupils, end insert 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. begin insert Binocular function appraisal need not begin until
the pupil has reached the 3rd grade. end insert Gross external observation
of the begin delete child’s end delete begin insert pupil’s end insert eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher. The
begin delete evaluation end delete begin insert appraisal end insert may be waived, if the begin delete child’s end delete begin insert pupil’s end insert 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 begin delete child’s end delete begin insert pupil’s end insert vision, including
visual acuity begin insert , binocular function, end insert and color vision.

begin delete

The provisions of this

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section shall not apply to begin delete any child end delete begin insert a pupil end insert whose
parents or guardian file with the principal of the school in which
the begin delete child end delete begin insert pupil end insert 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.

begin insert

(c) The binocular function appraisal required by subdivision
(a) may include a validated symptom survey developed during a
National Institute of Health clinical trial and published for use in
the public domain.

end insert

SEC. 2.  

 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.