Amended in Senate April 18, 2013

Senate Bill No. 430

Introduced by Senator Wright

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(Coauthor: Senator Hancock)

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( begin delete Coauthor: Assembly Member end delete begin insert Coauthors: Assembly Members end insert Mitchell begin insert and end insert begin insert John A. Pérez end insert )

February 21, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 430, as amended, 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 begin insert screening end insert 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 pupil at a California elementary school, and at least every
third year thereafter until the pupil has completed the 8th grade,
the pupil’s vision shall be appraised by the school nurse or other
authorized person under Section 49452. This appraisal shall include
begin insert screening end insert tests for visual acuity, binocular function, 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. Binocular function
appraisal need not begin until the pupil has reached the begin delete 3rd end delete begin insert third end insert
grade. Gross external observation of the pupil’s eyes, visual
performance, and perception shall be done by the school nurse and
the classroom teacher. 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, binocular function, and color vision.

(b) 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.

(c) The binocular function appraisal required by subdivision (a)
may include a validated symptom survey developed during a
National Institute of begin delete Health end delete begin insert Health’s end insert 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.