BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: SB 1172 AUTHOR: Steinberg AMENDED: April 23, 2014 FISCAL COMM: Yes HEARING DATE: April 30, 2014 URGENCY: No CONSULTANT: Lynn Lorber SUBJECT : Vision appraisal. SUMMARY This bill requires school vision appraisals to include tests for near vision, and expands current requirements for school nurses and teachers to observe student's eyes to also include observation of the appearance and behavior of student's eyes, and requires observation to be continual and regular. BACKGROUND Current law: 1) 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: a) Duly qualified supervisors of health employed by the district. b) Certificated employees of the district or county office of education who possess the qualifications prescribed by the Commission on Teacher Credentialing. c) 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. d) Accredited schools or colleges or optometry, SB 1172 Page 2 osteopathic medicine, or medicine. (Education Code § 49452) 2) Provides that non-medical certificated employees of a school district or county office of education may be authorized to give vision tests if the employee has one of the following documents: a) A statement from a qualified supervisor of health that the employee has satisfactorily completed an acceptable course of in-service in techniques and procedures in vision testing of at least six hours, and that the employee is qualified to administer vision tests to students. b) A transcript from an accredited college or university evidencing that the employee has successfully completed an acceptable course in vision testing of at least one semester unit. (California Code of Regulations, Title 5, § 591) 3) 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, and parents may opt-out based on religious beliefs. (EC § 49455) 4) Requires a report to be made to the parent when a visual or other defect has been noted by the supervisor of health or his/her assistant. (EC § 49456) ANALYSIS This bill requires school vision appraisals to include SB 1172 Page 3 tests for near vision, and expands current requirements for school nurses and teachers to observe student's eyes to also include observation of the appearance and behavior of student's eyes, and requires observation to be continual and regular. Specifically, this bill: 1) Adds appraisal of near vision to currently-required tests for visual acuity and color vision. 2) Adds the observation of the appearance and behavior of student's eyes, and specifies that this observation is to be continual and regular, to the current requirement that school nurses and classroom teachers observe student's eyes, visual performance, and perception. This bill also provides that observations of these eye functions may indicate vision difficulties. 3) Modifies the frequency of vision appraisals from upon first enrollment and at least every third year thereafter until the student has completed grade 8, to kindergarten or upon first enrollment, grades 2, 5 and 8. This bill provides that a student whose first enrollment occurs in grade 4 or 7 is not required to be appraised in the following year. 4) Requires the California Department of Education to adopt guidelines to implement this bill, including training requirements and a method of testing for near vision. STAFF COMMENTS 1) Visual acuity . Existing regulations provide that vision appraisals are tests for visual acuity at the far point, and are to be conducted by means of an optotype test. Regulations define test failure as follows: a) For children under six years of age: Visual acuity of 20/50 or worse. The designation 20/50 or worse indicates the inability to identify accurately the majority of letters or symbols on the 20-foot line of the test chart at a distance SB 1172 Page 4 of 10 feet. b) For children six years of age or older: Visual acuity of 20/40 or worse. This means the inability to identify the majority of letters or symbols on the 15-foot line of the test chart at a distance of 10 feet. c) For all children: A difference of visual acuity between the two eyes of two lines or more on the optotype chart. (California Code of Regulations, Title 5, § 594) This bill requires tests for visual acuity to include near vision, which is recommended but not required as an additional procedure in the California Department of Education's (CDE) Guide for Vision Testing in California Public Schools. CDE's guidance specifically recommends and describes a Hyperopia test, which is used for assessing near-distance vision at least once, preferably in kindergarten or first grade. This bill requires the CDE to adopt guidelines to implement this bill, including a method of testing for near vision. http://www.cde.ca.gov/ls/he/hn/documents/visionreport.p df 2) Training . School nurses and classroom teachers are currently required to observe student's eyes, visual performance, and perception. This bill adds the requirement that nurses and teachers also observe the appearance and behavior of student's eyes, which is recommended in existing CDE guidance. Some may question whether teachers who are not trained to conduct vision appraisals know how to make these observations. As noted, current law already requires observation; this bill adds observation of appearance and behavior of student's eyes. Further, this bill requires the CDE to adopt guidelines to implement this bill, including training requirements. 3) Failure of vision appraisal . Current law requires a report to be made to the parent when a visual or other defect has been noted by the supervisor of health or SB 1172 Page 5 his/her assistant. Current regulations require a re-evaluation of a student who failed a vision test, prior to a report being made to the student's parents. (Education Code § 49456 and California Code of Regulations, Title 5, § 594) 4) Guidelines . Recommendations included in the California Department of Education's (CDE) Guide for Vision Testing in California Public Schools that would be required by this bill include: a) Vision testing may be done in kindergarten or first grade and in grades two, five, and eight, as well as on enrollment and referral at any grade level. b) Have teachers make continual observations of students' appearance and behavior that may indicate vision difficulties. c) Conduct vision testing of students whose school performance indicates a vision problem. 5) Fiscal impact . This bill creates a mandate by expanding the duties of school nurses and teachers to include a test of near vision, adding observation of the appearance and behavior of student's eyes, and requiring that this observation is to be continual and regular. 6) Related legislation . SB 430 (Wright) requires a pupil to receive a vision examination from a physician, optometrist, or ophthalmologist and requires that screening to include a test for binocular function, refraction, and eye health. SB 430 is pending in the Assembly Health Committee. AB 1840 (Campos) authorizes a child's vision to be appraised by using an eye chart or any other scientifically valid technology, as specified. AB 1840 is pending in the Assembly Health Committee. 7) Prior legislation . AB 1095 (Wright, 2001) would have required every student, within 90 days of entering SB 1172 Page 6 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 motility, and near visual acuity. SB 606 was held on the Assembly Appropriations Committee's suspense file. SUPPORT California Academy of Eye Physicians & Surgeons OPPOSITION None on file.