BILL NUMBER: SB 430 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2013
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 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
an optometrist a physician,
optometrist, or ophthalmologist, consistent with the most
current standard, policy, or guideline adopted by certain entities,
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 child
pupil or taking any other adverse action against a
child pupil because of a
his or her parent's or guardian's failure to obtain a vision
examination for the child. 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. 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 child
pupil has completed the eighth grade, the pupil'
s vision shall be examined by an optometrist
a physician, optometrist, or ophthalmologist. 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. 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 child
pupil or take any other adverse action against a
child pupil because of a
his or her parent's or guardian's failure to
obtain the examination pursuant to subdivision (a).
(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.
(d)
(e) 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)
(f) This section shall become operative on July 1,
2014.