Amended in Assembly August 18, 2014

Amended in Senate April 23, 2014

Amended in Senate March 27, 2014

Senate Bill No. 1172

Introduced by Senator Steinberg

(Principal coauthors: Assembly Members Buchanan and Gonzalez)

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(Coauthor: Assembly Member Nazarian)

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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 appraisals.

Existing law requires, upon first enrollment in a California school district of a child at 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 instead require a pupil’s vision to be appraised by the school nurse or other authorized person during kindergarten 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, except as provided. 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.

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The bill would incorporate changes to Section 49455 of the Education Code proposed by both this bill and AB 1840 which would become operative only if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted last.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

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The Legislature finds that access to vision care
has been expanded with implementation of the federal Patient
Protection and Affordable Care Act (Public Law 111-148). It is
therefore the intent of the Legislature that families be encouraged
to utilize the vision care benefits in order to identify vision
difficulties that interfere with reading and learning. It is also the
intent of the Legislature to encourage school districts to ensure
that vision screening is performed by appropriately trained
professionals and that pupils with identified difficulties are
provided with information regarding health care coverage and
referrals.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 49455 of the Education Code is amended to
read:

49455.  

(a) (1) During the kindergarten year 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 pupil’s vision
shall be appraised by the school nurse or other authorized person
under Section 49452.

(2) A pupil whose first enrollment or entry occurs in grade 4 or
7 shall not be required to be appraised in the year immediately
following the pupil’s first enrollment or entry.

(b)  The appraisal shall include tests for visual acuity, including
near vision, 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.

(c) 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.

(d) 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.

(e) 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.

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

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begin insert SEC. 2.5. end insert   

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begin insert Section 49455 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

49455.  

begin delete Upon end delete begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert During the kindergarten year or upon end insert
first enrollment begin insert or entry end insert in a California school district of a begin delete child
at a California end delete begin insert pupil at an end insert elementary school, and begin delete at least every
third year thereafter until the child has completed the eighth grade,
the child’s end delete begin insert in grades 2, 5, and 8, the pupil’s end insert vision shall be
appraised by the school nurse or other authorized person under
Section 49452. begin delete This evaluation end delete

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(2) A pupil whose first enrollment or entry occurs in grade 4
or 7 shall not be required to be appraised in the year immediately
following the pupil’s first enrollment or entry.

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begin insert (b) end insert begin insert   end insert begin insert The appraisal end insert shall include tests for visual acuity begin insert , including
near vision, end insert and color vision; however, color vision shall be
appraised once and only on male begin delete children, end delete begin insert pupils, end insert 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. begin delete 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 end delete

begin insert (c) end insert begin insert   end insert begin insert The appraisal end insert may be waived, if the begin delete child’s end delete begin insert pupil’s end insert 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 begin delete child’s end delete begin insert pupil’s end insert vision, including
visual acuity and color vision.

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The provisions of this

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(d) A pupil’s vision may be appraised by using an eye chart or
any other scientifically validated photoscreening test.
Photoscreening tests shall be performed, under an agreement with,
or the supervision of, an optometrist or ophthalmologist, by the
school nurse or a trained individual who meets requirements
established by the department.

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(e) 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.

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begin insert (f) end insert begin insert   end insert begin insert This end insert section shall not apply to begin delete any child end delete begin insert a pupil end insert whose parents
or guardian file with the principal of the school in which the begin delete child end delete
begin insert pupil end insert 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.

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

end insert

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begin insert SEC. 3. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 49455 of the Education Code proposed by both this bill
and Assembly Bill 1840. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 49455 of the Education Code,
and (3) this bill is enacted after Assembly Bill 1840, in which case
Section 2 of this bill shall not become operative.

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begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.