BILL NUMBER: SB 430 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE APRIL 18, 2013
INTRODUCED BY Senator Wright
(Coauthor: Senator Hancock)
(Coauthors: Assembly Members Mitchell and John A. Pérez)
FEBRUARY 21, 2013
An act to amend Section , repeal, and add
Sections 48216 and 49455 of the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 430, as amended, Wright. Pupil health: vision
appraisal: examination: 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.
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.
This bill would require the appraisal
instead, before first en rollment 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
to also include a screening test for
binocular function and refraction and eye health evaluations
. The bill would provide that the binocular function
appraisal examination 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 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 . By requiring a
school nurse or other authorized person to test for
binocular function district to collect information and
send notices related to the examination of a pupil by an optometrist
or ophthalmologist , 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 48216 of the
Education Code is amended to read:
48216. (a) The county office of education or the governing board
of the school district of attendance shall exclude any
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.
(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 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 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 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.
SEC. 2. Section 48216 is added to the
Education Code , to read:
48216. (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.
SEC. 3. 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 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
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. 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 and color vision.
The provisisions 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) 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.
SEC. 4. Section 49455 is added to the
Education Code , to read:
49455. (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.
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.
SEC. 2. SEC. 5. 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.