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,  








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                    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  








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          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  








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                    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  








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               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  








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               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.