Amended in Assembly August 5, 2013

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 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.

This bill would instead, before first enrollment 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 begin delete an optometrist end delete begin insert a physician, optometrist, end insert or ophthalmologist, begin insert consistent with the most current standard, policy, or guideline adopted by certain entities, end insert 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. The bill would prohibit a school from denying admission to a begin delete child end delete begin insert pupil end insert or taking any other adverse action against a begin delete child end delete begin insert pupil end insert because of begin delete a end delete begin insert his or her end insert parent’s or guardian’s failure to obtain a vision examination for the begin delete child. end delete begin insert pupil. The bill would, if the results of the vision examination are not provided to the school, require the pupil’s vision to be appraised at certain times by the school nurse or other authorized person, as specified, require the appraisal to include tests for visual acuity and color vision, and provide that a school district is not prohibited from requiring or authorizing a school nurse or other authorized person, as specified, to evaluate a pupil’s vision for visual acuity, color vision, or binocular function. end insert The bill would make these provisions operative on July 1, 2014.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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 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 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. 2.  

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

49455.  

(a) Before first enrollment of a pupil at a California
private or public elementary school, including a charter 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 pupil’s vision shall be examined
by begin delete an optometrist end delete begin insert a physician, optometrist, end insert or ophthalmologist.
begin insert This examination shall be consistent with the most current
standard, policy, or guideline adopted by the American Academy
of Pediatrics, the American Academy of Opthalmology, or the
American Optometric Association. end insert This examination shall include
tests for visual acuity, binocular function, and color vision, and
refraction and eye health evaluations; however, color vision shall
be examined once and only on male pupils, and the parent or
guardian of the pupil shall provide results of the examination to
the school. The color vision examination 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 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 begin delete child end delete begin insert pupil end insert or take
any other adverse action against a begin delete child end delete begin insert pupil end insert because of begin delete a end delete begin insert his or
her end insert parent’s or guardian’s failure to obtain the examination
pursuant to subdivision (a).

begin insert

(d) If the results of the examination conducted pursuant to
subdivision (a) are not provided to the school, then, 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 classroom
teacher. A school district is not prohibited from requiring or
authorizing a school nurse or other authorized person under
Section 49452 to evaluate a pupil’s vision for visual acuity, color
vision, or binocular function.

end insert begin delete

(d)

end delete

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

begin delete

(e)

end delete

begin insert (f) end insert  This section shall become operative on July 1, 2014.