BILL NUMBER: SB 430	INTRODUCED
	BILL TEXT


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.   (a)    Upon first enrollment in a
California school district of a  child   pupil
 at a California elementary school, and at least every third
year thereafter until the  child   pupil 
has completed the  eighth   8th  grade, the
 child's   pupil's  vision shall be
appraised by the school nurse or other authorized person under
Section 49452. This  evaluation   appraisal
 shall include tests for visual acuity  , binocular
function,  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.  Binocular
function appraisal need not begin until the pupil has reached the 3rd
grade.  Gross external observation of the  child's
 pupil's  eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher. The
 evaluation   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  , binocular function,  and
color vision. 
   The provisions of this 
    (b)     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. 
   (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. 
  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.