BILL ANALYSIS Ó SB 1172 Page 1 Date of Hearing: June 11, 2014 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair SB 1172 (Steinberg) - As Amended: April 23, 2014 [Note: This bill is double referred to the Health Committee and will be heard by that committee as it relates to issues under its jurisdiction.] SENATE VOTE : 35-0 SUBJECT : Pupil health: vision appraisals. SUMMARY : Deletes the existing vision screening requirements and instead, requires, 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 to be appraised by the school nurse or other authorized person. Specifically, this bill : 1)Specifies that 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. 2)Requires the appraisal to 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. 3)Requires continual and regular observation of the pupil's eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties to be done by the school nurse and the classroom teacher. 4)Requires the California Department of Education (CDE) to adopt guidelines for implementation, including training requirements and a method of testing for near vision. EXISTING LAW requires upon first enrollment of a child at a California elementary school, and at least every third year thereafter until the child has completed the eighth grade, the SB 1172 Page 2 child's vision shall be appraised by the school nurse or other authorized person. Requires this evaluation to include tests for visual acuity and color vision; however, color vision shall be appraised once and only on male children, and the results of the appraisal shall be entered in the health record of the pupil. Specifies that color vision appraisal need not begin until the male pupil has reached the first grade. Specifies that gross external observation of the child's eyes, visual performance, and perception shall be done by the school nurse and the classroom teacher. FISCAL EFFECT : According to the Senate Appropriations Committee, "Vision testing requirements: Potentially substantial reimbursable mandate to increase the number of required vision tests, and the scope of those tests. Continual monitoring: The requirement for "continual and regular observation of the pupil's eyes" by teachers and school nurses could result in significant local costs, and could be an additional reimbursable mandate to the extent that costs could be proven." COMMENTS : This bill moves up the timeframe for vision screening in schools so students are tested in either kindergarten or first grade (whichever year they first enroll) and again in second grade. The bill does not require additional years of testing, but simply moves the third grade screening to second grade. This bill also requires tests for near vision, which is currently 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. Eye Observation : 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 on a continual basis, which is recommended in existing CDE guidance. Further, this bill requires the CDE to adopt guidelines to implement this bill, including training requirements. Failure of vision screening : Current law requires a report to SB 1172 Page 3 be made to the parent when a visual or other defect has been noted during the vision screening. 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, Section 594) Timeframe : This bill moves up the timeframe for vision screening in schools so students are tested in either kindergarten or first grade (whichever year they first enroll) and again in second grade. This means the third grade screening is moved to second grade. Several other states require screening in kindergarten, first grade and second grade, which is an even more comprehensive approach. Those states include Alabama, Arizona, Arkansas, Colorado, Connecticut, Washington DC, Massachusetts, Oklahoma, Pennsylvania and Washington. Medical Background : According to the American Academy of Pediatrics, the American Association of Certified Orthoptists, the American Association for Pediatric Ophthalmology and Strabismus, and the American Academy of Ophthalmology policy statement on Eye Examination in Infants, Children, and Young Adults by Pediatricians, "Early detection and prompt treatment of ocular disorders in children is important to avoid life-long visual impairment." It further states that children should have an assessment for eye problems in the newborn period and then at all subsequent routine health supervision visits. The policy statement recommends that "all children who are found to have an ocular abnormality or who fail vision screening should be referred to a pediatric ophthalmologist or an eye care specialist appropriately trained to treat pediatric patients." Budget Issue : The Governor's May Revision proposed an increase of approximately $2 million ($1 million General Fund) in 2014-15 (for half year funding) and $4 million ($2 million General Fund) in 2015-16 and 2016-17 and trailer bill language to implement a pilot program to expand pediatric vision screenings and services through the use of mobile vision providers. Under this proposal, Department of Health Care Services would implement a three-year pilot program to increase utilization of vision services and eye glasses to children by allowing a mobile vision service provider that has an established Memorandum of Understanding with school districts within Los Angeles County to contract with managed care health plans in Los Angeles County for the provision of these vision services at school sites. This issue is currently being deliberated by the Budget Conference Committee. SB 1172 Page 4 According to the author, "Currently school nurses only screen students for distance vision. Senator Steinberg believes that statutory authority is necessary to allow them to be trained to screen for near vision. In addition, SB 1172 ensures that there is uniformity of training and methodology by requiring the California Department of Education (CDE), to adopt guidelines to implement the near vision screening." "The author believes that near vision deficiencies may be interfering with a child's ability to read. Research has shown third grade reading scores are highly correlated with later academic success. Some research indicates that reading proficiency at the end of third grade marks the transition for "learning to read" to "reading to learn." While the primary factors that led to low-level of reading skills among low-income children were socioeconomic factors and the studies found that preschool programs reversed this trend, the lack of health care was also identified as a factor. Lack of health care could result in undiagnosed vision problems." The author further states, "This bill also codifies the timelines that are in the CDE guidance, but specifically requires testing at K or 1, depending on entry grade, 2, grade 5 & 8. This is to ensure that vision deficits are identified before this crucial grade three milestone identified by the research as the turning point for learning and during the key intervals that a child's eye is developing. The additional testing, especially grade eight ensures that vision deficits are identified before the child goes to high school. According to staff at the Board of Optometry, this screening is within the scope of practice of a school nurse and the bill would require guidance to be provided by CDE. Nothing would alter the recommended referral procedures if a deficit is identified." Previous Legislation : SB 430 (Wright) from 2013, which is in Assembly Health Committee, deletes an existing requirement that upon first enrollment in a California school district of a child at an elementary school, and at least every third year thereafter until the child has completed the eighth grade, the child's vision to be appraised by the school nurse or other authorized person, and replaces it with a requirement that, upon first enrollment in a private or public elementary school, a pupil receive a vision examination from a physician, optometrist, or ophthalmologist and requires that screening to SB 1172 Page 5 include a test for binocular function, refraction, and eye health. AB 1095 (Wright) from 2001, which was held in the Senate Appropriations Committee's suspense file, would have required every child to undergo a comprehensive eye examination by an optometrist or ophthalmologist within 90 days of entering the first grade. AB 1096 (Wright) from 2001, which died on the Senate Floor's inactive file, would have established a three-year pilot program to provide comprehensive eye examinations for poor readers. SB 606 (Vasconcellos) from 2001, which was held in Assembly Appropriations Committee's suspense file, would have required the existing student eye examination, conducted upon enrollment and every third year thereafter through 8th grade, to include screening for binocular function, ocular alignment, ocular motility, and near visual acuity. REGISTERED SUPPORT / OPPOSITION : Support American Civil Liberties Union of California Junior Leagues of California State Public Affairs Committee Opposition None on file. Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087