Amended in Senate March 27, 2014

Senate BillNo. 1172


Introduced by Senator Steinberg

(Principal coauthor: Assembly Member Gonzalez)

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(Coauthor: Assembly Member Buchanan)

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February 20, 2014


An actbegin insert to amend Section 49455 of the Education Code,end insert relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1172, as amended, Steinberg. Pupil health: visionbegin delete examinations.end deletebegin insert appraisals.end insert

Existing law requires, upon first enrollment in a California school district of a child atbegin delete a Californiaend deletebegin insert anend insert 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.begin insert Existing law requires gross external observation of the child’s eyes, visual performance, and perception to be done by the school nurse and the classroom teacher.end insert

This bill wouldbegin delete express the Legislature’s intent to enact legislation that would revise the vision examination requirements for pupils in public elementary schools. end deletebegin insert instead require a pupil’s vision to be appraised by the school nurse or other authorized person during kindergarten, first grade, or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and 8. The bill would revise the functions to be performed by the school nurse and the classroom teacher in observing a pupil’s eyes, appearance, and other factors that may indicate vision difficulties. The bill would require the State Department of Education to adopt guidelines to implement those provisions, including training requirements and a method of testing for near vision. Because the bill would impose additional duties on public schools, the bill would impose a state-mandated local program.end insert

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 49455 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

49455.  

begin deleteUpon end deletebegin insert(a)end insertbegin insertend insertbegin insertDuring the kindergarten year, first grade,
4or upon end insert
first enrollmentbegin insert or entryend insert in a California school district of
5abegin delete childend deletebegin insert pupilend insert atbegin delete a Californiaend deletebegin insert anend insert elementary school, andbegin delete at least
6every third year thereafter until the child has completed the eighth
7grade,end delete
begin insert in grades 2, 5, and 8,end insert thebegin delete child’send deletebegin insert pupil’send insert vision shall be
8appraised by the school nurse or other authorized person under
9Section 49452. Thisbegin delete evaluationend deletebegin insert appraisalend insert shall include tests for
10visual acuitybegin insert, including near vision,end insert and color vision; however,
11color vision shall be appraised once and only on malebegin delete children,end delete
12begin insert pupils,end insert and the results of the appraisal shall be entered in the health
13record of the pupil. Color vision appraisal need not begin until the
14male pupil has reached the first grade.begin delete Gross external observation
15of the child’s eyes, visual performance, and perception shall be
16done by the school nurse and the classroom teacher.end delete
Thebegin delete evaluationend delete
17begin insert appraisalend insert may be waived, if thebegin delete child’send deletebegin insert pupil’send insert parents so desire,
18by their presenting of a certificate from a physician and surgeon,
19a physician assistant practicing in compliance with Chapter 7.7
20(commencing with Section 3500) of Division 2 of the Business
21and Professions Code, or an optometrist setting out the results of
P3    1a determination of thebegin delete child’send deletebegin insert pupil’send insert vision, including visual acuity
2and color vision.

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3(b) Continual and regular observation of the pupil’s eyes,
4appearance, behavior, visual performance, and perception that
5may indicate vision difficulties shall be done by the school nurse
6and the classroom teacher.

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7The provisions of this

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8begin insert(c)end insertbegin insertend insertbegin insertThis end insertsection shall not apply tobegin delete any childend deletebegin insert a pupilend insert whose
9parents or guardian file with the principal of the school in which
10thebegin delete childend deletebegin insert pupilend insert is enrolling, a statement in writing that they adhere
11to the faith or teachings of any well-recognized religious sect,
12denomination, or organization and in accordance with its creed,
13tenets, or principles depend for healing upon prayer in the practice
14of their religion.

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15(d) The department shall adopt guidelines to implement this
16section, including training requirements and a method of testing
17for near vision.

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18begin insert

begin insertSEC. 2.end insert  

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If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.

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23

SECTION 1.  

It is the intent of the Legislature to enact
24legislation that would revise the vision examination requirements
25for pupils in public elementary schools.

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