BILL NUMBER: SB 430	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2013

INTRODUCED BY   Senator Wright
    (   Coauthor:   Senator   Hancock
  ) 
   (  Coauthor:   Assembly Member 
 Mitchell   Coauthors:   Assembly
Members   Mitchell   and John A. Pérez  )

                        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 
screening  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
 screening  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
 3rd   third  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  Health   Health's  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.