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  








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          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  








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          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. 








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          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  








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          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