Amended in Assembly June 27, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 430, as amended, Wright. Pupil health: vision 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. begin delete 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 delete

This bill would instead, before first enrollment begin delete in a California school district end delete of a pupil at a California begin insert private or public end insert elementary school, begin insert including a charter school, end insert 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 test for binocular function and refraction and eye health evaluations. The bill would provide that the binocular function examination need not begin until the pupil has reached the 3rd grade and would require the parent or guardian of the pupil to provide results of the examination to the begin delete 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. end delete begin insert school. The bill would prohibit a school from denying admission to a child or taking any other adverse action against a child because of a parent’s or guardian’s failure to obtain a vision examination for the child. end insert The bill would make these provisions operative on begin delete September end delete begin insert July end insert 1, 2014. begin delete By requiring a school 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. end delete

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This bill would also make nonsubstantive changes.

end delete begin 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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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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 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.

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

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 eighth grade,
the pupil’s vision shall be appraised by the school nurse or other
authorized person under Section 49452. This appraisal shall include
tests for visual acuity 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. 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 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) This section shall become inoperative on begin delete September end delete begin insert July end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

Section 49455 is added to the Education Code, to read:

49455.  

(a) Before first enrollment begin delete in a California school district end delete
of a pupil at a California begin insert private or public end insert elementary school,
begin insert including a charter school, end insert 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 begin delete appraised end delete begin insert examined end insert once and only
on male pupils, and the parent or guardian of the pupil shall provide
results of the examination to the school begin delete district end delete . The color vision
examination begin delete shall be conducted before end delete begin insert need not begin until end insert 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 begin delete county office of
education or the governing board of the school district of
attendance end delete begin insert private or public school end insert shall refer the pupil to the
county health department or other appropriate community resources
able to perform a vision examination pursuant to subdivision (a).

begin insert

(2) A school shall not deny admission to a child or take any
other adverse action against a child because of a parent’s or
guardian’s failure to obtain the examination pursuant to
subdivision (a).

end insert begin delete

(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).

end delete

(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 begin delete September end delete begin insert July end insert 1,
2014.

begin delete

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.

end delete