BILL NUMBER: SB 430 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2013
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, repeal, and add Sections 48216 and
Section 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.
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 instead, before first enrollment in a
California school district of a pupil at a California
private or public elementary school, including a charter
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 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
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.
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. The bill would make these provisions
operative on September July 1, 2014.
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.
This bill would also make nonsubstantive changes.
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
no . State-mandated local program: yes
no .
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 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 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 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 September
July 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. SEC. 2. 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 private or
public elementary school, including a charter 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 examined 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
need not begin until 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
private or public school 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) 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).
(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
July 1, 2014.
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.