Amended in Assembly June 18, 2013

Amended in Senate April 18, 2013

Senate Bill No. 430

Introduced by Senator Wright

(Coauthor: Senator Hancock)

(Coauthors: Assembly Members Mitchell and John A. Pérez)

February 21, 2013

An act to amend begin delete Section end delete begin insert , repeal, and add Sections 48216 and end insert 49455 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

SB 430, as amended, Wright. Pupil health: vision begin delete appraisal: end delete begin insert examination: end insert 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. begin insert Existing law requires the county office of education or the governing board of the school district of attendance to exclude any pupil who has not been properly immunized, unless the pupil is exempted from the immunization requirement, as specified. end insert

This bill would begin delete require the appraisal end delete begin insert instead, before first enrollment in a California school district of a pupil at a California elementary school, and at least every 3rd year thereafter until the pupil has completed the 8th grade, require the pupil’s vision to be examined by an optometrist or ophthalmologist, except as specified, and require the examination end insert to also include a begin delete screening end delete test for binocular function begin insert and refraction and eye health evaluations end insert . The bill would provide that the binocular function begin delete appraisal end delete begin insert examination end insert need not begin until the pupil has reached the 3rd grade and would begin delete authorize the binocular function appraisal to include a validated symptom survey, as specified end delete begin insert require the parent or guardian of the pupil to provide results of the examination to the school district. The bill would require the county office of education or the governing board of the school district of attendance to exclude a pupil who has not been examined by an optometrist or ophthalmologist, as described above, and would require the governing board of the school district to notify the parent or guardian of the pupil that the parent or guardian has 2 weeks to supply evidence that the pupil has been examined by an optometrist or ophthalmologist, or is exempted from the examination requirement. The bill would make these provisions operative on September 1, 2014 end insert . By requiring a school begin delete nurse or other authorized person to test for binocular function end delete begin insert district to collect information and send notices related to the examination of a pupil by an optometrist or ophthalmologist end insert , the bill would impose a state-mandated local program.

This bill would also make nonsubstantive changes begin delete to this provision end delete .

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48216 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

48216.  

(a) The county office of education or the governing
board of the school district of attendance shall exclude begin delete any end delete begin insert a end insert pupil
who has not been immunized properly pursuant to Chapter 1
(commencing with Section 120325) of Part 2 of Division 105 of
the Health and Safety Code.

(b) The governing board of the begin insert school end insert district shall notify the
parent or guardian of the pupil that they have two weeks to supply
evidence either that the pupil has been properly immunized, or
that the pupil is exempted from the immunization requirement
pursuant to Section 120365 or 120370 of the Health and Safety
Code.

(c) The governing board of the begin insert school end insert district, in the notice,
shall refer the parent or guardian of the pupil to the pupil’s usual
source of medical care to obtain the immunization, or if no usual
source exists, either refer the parent or guardian to the county
health department, or notify the parent or guardian that the
immunizations will be administered at a school of the begin insert school end insert
district.

begin insert

(d) This section shall become inoperative on September 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48216 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 48216. end insert   

(a) The county office of education or the governing
board of the school district of attendance shall exclude a pupil
who has not been immunized properly pursuant to Chapter 1
(commencing with Section 120325) of Part 2 of Division 105 of
the Health and Safety Code or who has not been examined pursuant
to Section 49455.

(b) The governing board of the school district shall notify the
parent or guardian of the pupil that they have two weeks to supply
evidence of both of the following:

(1) That the pupil has been properly immunized, or that the
pupil is exempted from the immunization requirement pursuant to
Section 120365 or 120370 of the Health and Safety Code.

(2) That the pupil has been examined, or that the pupil is
exempted from the examination requirement pursuant to Section
49455.

(c) The governing board of the school district, in the notice,
shall refer the parent or guardian of the pupil to the pupil’s usual
source of medical care to obtain the immunization, or if no usual
source exists, either refer the parent or guardian to the county
health department, or notify the parent or guardian that the
immunizations will be administered at a school of the school
district.

(d) This section shall become operative on September 1, 2014.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 49455 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 eighth
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 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.
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 and color vision.

begin delete

The provisisions 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) This section shall become inoperative on September 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 49455 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 49455. end insert   

(a) Before first enrollment in a California school
district of a pupil at a California elementary school, and at least
every third year thereafter until the child has completed the eighth
grade, the pupil’s vision shall be examined by an optometrist or
ophthalmologist. This examination shall include tests for visual
acuity, binocular function, and color vision, and refraction and
eye health evaluations; however, color vision shall be appraised
once and only on male pupils, and the parent or guardian of the
pupil shall provide results of the examination to the school district.
The color vision examination shall be conducted before the male
pupil has reached the first grade. The binocular function
examination need not begin until the pupil has reached the third
grade.

(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) (1) If a pupil is ineligible for Medicaid, Children’s Health
Insurance Program coverage, or exchange subsidies under the
federal Patient Protection and Affordable Care Act (Public Law
111-148), or any other health care service, the county office of
education or the governing board of the school district of
attendance shall refer the pupil to the county health department
or other appropriate community resources able to perform a vision
examination pursuant to subdivision (a).

(2) If a pupil is unable to obtain a vision examination through
the referral under paragraph (1), the school may waive the vision
examination requirement of subdivision (a).

(d) For purposes of this section, “binocular function
examination” means, at a minimum, the evaluation of
accommodative ability, sensory and motor fusion, and ocular
motility.

(e) This section shall become operative on September 1, 2014.

end insert

begin delete

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 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’s clinical trial and published for use
in the public domain.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 5. end insert   

 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.