BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 430
          Author:   Wright (D), et al.
          Amended:  4/18/13
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/10/13
          AYES:  Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,  
            Jackson, Monning

           SENATE HEALTH COMMITTEE  :  9-0, 5/1/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Pupil health:  vision appraisal: binocular function

           SOURCE  :     California Teachers Association


           DIGEST  :    This bill requires the current vision appraisal of  
          students to also include screening tests for binocular function,  
          beginning in grade 3.

           ANALYSIS  :    Existing 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: 

          1. Duly qualified supervisors of health employed by the  
             district.
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          2. Certificated employees of the district or county office of  
             education that possess the qualifications prescribed by the  
             Commission on Teacher Credentialing.

          3. 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.

          4. Accredited schools or colleges or optometry, osteopathic  
             medicine, or medicine.  

          Existing 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.

          Existing 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.

          This bill requires the current vision appraisal of students to  
          also include screening 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.

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          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.

           Comments
           
           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.  

           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  

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

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, this bill  
          could result in a significant new mandate on local educational  
          agencies (LEAs), whereby the state may have to reimburse LEAs  
          for every screening exam performed in compliance with this bill,  
          and any related staffing or training costs. 

           SUPPORT  :   (Verified  5/23/13)

          California Teachers Association (source)
          Advancement Project 
          California Federation of Teachers
          California Pan-Ethnic Health Network
          California Teachers Association 
          Compton Unified School District
          Congress of Racial Equality of California
          Disability Rights of California
          Hales Corners/Luthern Church and Schools
          Hintha Consultant Company
          Los Angeles Tenth District PTSA
          Los Angeles Unified School District
          Small School District's Association
          The Willie L. Brown Jr. Institute

           OPPOSITION :    (Verified  5/23/13)

          American Academy of Pediatrics

           ARGUMENTS IN SUPPORT  :    According to the author, "School vision  
          testing relates to distance vision, basic refraction, and eye  
          health but does not address vision 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  

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          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."

           ARGUMENTS IN OPPOSITION  :    The American Academy of Pediatrics,  
          California writes, "The intention of this screening is to  
          address learning disabilities through identification of vision  
          issues that can be "treated" through so-called "vision therapy".  
           The American Academy of Pediatrics has found no evidence that  
          this intervention is helpful in addressing learning  
          difficulties.  To mandate a universal screen that would lead to  
          diversion of children to unsubstantiated treatments would be a  
          tremendous waste of state and family resource-both money and  
          time.  It could also lead to lost time in identifying and  
          addressing the real causes of learning difficulties." 
           

          PQ:d  5/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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