BILL NUMBER: SB 1172	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senator Steinberg
   (Principal coauthor: Assembly Member Gonzalez)
    (   Coauthor:   Assembly Member  
Buchanan   ) 

                        FEBRUARY 20, 2014

   An act  to amend Section 49455 of the Education Code, 
relating to pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1172, as amended, Steinberg. Pupil health: vision 
examinations.   appraisals. 
   Existing law requires, upon first enrollment in a California
school district of a child at  a California   an
 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.  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.

   This bill would  express the Legislature's intent to enact
legislation that would revise the vision examination requirements
for pupils in public elementary schools.   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. 
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 49455 of the  
Education Code   is amended to read: 
   49455.   Upon   (a)    
During the kindergarten year, first grade, or upon  first
enrollment  or entry  in a California school district of a
 child   pupil  at  a California
  an  elementary school, and  at least
every third year thereafter until the child has completed the eighth
grade,   in grades 2, 5, and 8,  the  child'
s   pupil's  vision shall be appraised by the
school nurse or other authorized person under Section 49452. This
 evaluation   appraisal  shall include
tests for visual acuity  ,   including near vision,
 and color vision; however, color vision shall be appraised once
and only on male  children,   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 child's eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher.
 The  evaluation   appraisal  may
be waived, if the  child's   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  child's  
pupil's  vision, including visual acuity and color vision. 
   (b) Continual and regular observation of the pupil's eyes,
appearance, behavior, visual performance, and perception that may
indicate vision difficulties shall be done by the school nurse and
the classroom teacher.  
   The provisions of this 
    (c)     This  section shall not apply
to  any child   a pupil  whose parents or
guardian file with the principal of the school in which the 
child   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. 
   (d) The department shall adopt guidelines to implement this
section, including training requirements and a method of testing for
near vision. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would revise the vision examination
requirements for pupils in public elementary schools.