BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       SB 430
          AUTHOR:        Wright
          INTRODUCED:    February 21, 2013
          FISCAL COMM:   Yes            HEARING DATE:  April 10, 2013
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           NOTE  :This bill has been referred to the Committees on  
          Education and 
                    Health.  A "do pass" motion should include  
               referral to the 
                    Committee on Health.

           SUBJECT  :  Vision appraisals: binocular function.
          
           SUMMARY 

          This bill requires the current vision appraisal of students  
          to also include tests for binocular function.

           BACKGROUND  

          Current law requires school districts to provide for the  
          testing of the sight and hearing of each student enrolled  
          in the district.  The test is to be given only by: 

                 Duly qualified supervisors of health employed by  
               the district.

                 Certificated employees of the district or county  
               office of education who possess the qualifications  
               prescribed by the Commission on Teacher Credentialing.

                 Contract with an agency duly authorized to perform  
               those services by the county superintendent of  
               schools, under guidelines established by the State  
               Board of Education.

                 Accredited schools or colleges or optometry,  
               osteopathic medicine, or medicine.  (Education Code §  
               49452








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          Current law requires, upon first enrollment in an  
          elementary school, and at least every third year thereafter  
          until the child has completed grade 8, the vision of  
          students to be appraised by the school nurse or other  
          authorized person.  The evaluation must include tests for  
          visual acuity and color vision, however, color vision is to  
          be appraised once and only on male students.  Gross  
          external observation of the child's eyes, visual  
          performance, and perception are to be done by the school  
          nurse and the classroom teacher.  The evaluation may be  
          waived if the parents present a certificate from a  
          physician and surgeon, a physician assistant or an  
          optometrist.  (EC § 49455)

          Current law requires a report to be made to the parent when  
          a defect other than a visual defect has been noted by the  
          supervisor of health or his/her assistant.    (EC § 49456)

           ANALYSIS
           
           This bill  requires the current vision appraisal of students  
          to also include tests for binocular function.   
          Specifically, this bill:

          1)   Adds binocular function to the list of tests included  
               in the existing vision appraisal given to students  
               every three years until the student completes grade 8.

          2)   Specifies that binocular function appraisals need not  
               begin until the student has reached grade 3.

          3)   Authorizes the binocular function appraisal to include  
               a validated symptom survey developed during a National  
               Institute of Health clinical trial and published for  
               use in the public domain.

          4)   Adds binocular function to the list of appraisals that  
               may be completed by a physician and surgeon, a  
               physician assistant or an optometrist in lieu of the  
               appraisals completed at school.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, "School  
               vision testing relates to distance vision, basic  
               refraction, and eye health but does not address vision  







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               needs for reading which are closer to the face.  Also,  
               current testing is one eye at a time, which cannot  
               reveal problems of eye coordination that can impact  
               reading.  We have a significant number of students who  
               are not identified and cannot tell us they have  
               reading problems.  The result is less reading, more  
               time to do homework, behavior problems and possibly  
               poorer grades.  The best teachers in the world cannot  
               help this student."

           2)   Binocular function  .  This term generally refers to the  
               ability of both eyes to function together.  Current  
               law limits the types of professionals who conduct  
               vision appraisals in schools.  Questions that may be  
               better suited for the discussion of this bill in the  
               Senate Health Committee include:  Will training be  
               necessary for the people authorized to conduct vision  
               appraisals?  What other measures of binocular function  
               may be used other than the National Institute of  
               Health's symptom survey?  

           3)   Frequency of appraisal  .  Current law requires, upon  
               first enrollment in an elementary school, and at least  
               every third year thereafter until the child has  
               completed grade 8, the vision of students to be  
               appraised, including tests for visual acuity and color  
               vision.  The evaluation of color vision is to be  
               appraised once and only on male students, and need not  
               begin until the male student has reached grade 1.   
               This bill provides that appraisals of binocular  
               function need not begin until the student has reached  
               grade 3; therefore, the binocular function of students  
               would be appraised in grade 3 and grade 6.

           4)   Fiscal impact  .  According to the Assembly  
               Appropriations Committee analysis of similar but  
               broader legislation that included additional  
               appraisals and training (see AB 1095 below),  
               "expanding the current eye appraisal could result in  
               annual General Fund (Prop 98) costs to school  
               districts of approximately $2.9 million.  This assumes  
               a marginal cost of approximately $2 per pupil, with  
               approximately 1.4 million pupils eligible each year  
               for an eye exam, and training costs of approximately  
               $50,000."








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           5)   Governor's Local Control Funding Formula  :  As part of  
               the 2013-14 Governor's Budget, the administration  
               proposes to restructure the existing K-12 finance  
               system and eliminate over 40 existing programs while  
               also repealing, what the administration determines are  
               countless "discretionary" provisions of statute, while  
               implementing a new formula known as the Local Control  
               Funding Formula (LCFF).  The LCFF would consolidate  
               the vast majority of state categorical programs and  
               revenue limit apportionments into a single source of  
               funding (12 categorical programs, including Special  
               Education, Child Nutrition, Preschool, and After  
               School programs, would be excluded).  The LCFF  
               proposal would also eliminate the statutory and  
               programmatic requirements for almost all existing  
               categorical programs - the programs would be deemed  
               "discretionary" and programs in any of these areas  
               would be dependent on local district discretion.  To  
               the extent that the LCFF or a modified version of it  
               is adopted as part of the budget, the majority of  
               currently required categorical activities would be  
               left to local districts' discretion.  Therefore, the  
               changes proposed by this bill for vision appraisals  
               could be diluted, eliminated, rendered obsolete or  
               discretionary at the local level.  

           6)   Prior legislation  .  AB 1095 (Wright, 2001) would have  
               required every student, within 90 days of entering  
               grade 1, to undergo a comprehensive eye exam that  
               includes, in addition to ocular health and distance  
               and near visual acuity, additional evaluations of  
               visual skills such as eye teaming, focusing and  
               tracking that may impact a child's ability to read.   
               AB 1095 was held in the Senate Appropriations  
               Committee's suspense file.

          AB 1096 (Wright, 2001) would have established a pilot  
               program for schools scoring in the bottom 20% on state  
               achievement tests, to administer to poor readers a  
               comprehensive eye screening and remedial vision  
               training.  AB 1096 died on the Senate Floor's inactive  
               file.

          SB 606 (Vasconcellos, 2001) would have required the  
               existing student eye examination to include screening  
               for binocular function, ocular alignment, ocular  







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               motility, and near visual acuity.  SB 606 was held on  
               the Assembly Appropriations Committee's suspense file.

           SUPPORT  

          California Teachers Association
          Congress of Racial Equality of California
          Hales Corners Lutheran Church and Schools
          Small School Districts' Association
          Individuals

           OPPOSITION

           None on file.