BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1172
                                                                  Page  1

          Date of Hearing:   June 24, 2014

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                  SB 1172 (Steinberg) - As Amended:  April 23, 2014

           SENATE VOTE :  35-0
           
          SUBJECT  :  Pupil health: vision appraisals.

           SUMMARY  :  Requires a pupil's vision to be appraised by  
          authorized individuals, as specified, during kindergarten or  
          upon first enrollment or entry in a California elementary  
          school, and again in grades 2, 5, and 8.  Requires the  
          California Department of Education (CDE) to adopt guidelines to  
          implement these provisions.  Specifically,  this bill  :

          1)Requires, during kindergarten or upon first enrollment or  
            entry in a California school and again in grades 2, 5, and 8,  
            a pupil's vision be appraised, by the school nurse or other  
            authorized person including:

             a)   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 authorized to perform those  
               services by the county superintendent of schools, as  
               established by the California Board of Education; and,

             d)   Accredited schools or colleges or optometry, osteopathic  
               medicine, or medicine.

          2)Specifies that a pupil whose first enrollment or entry occurs  
            in grade 4 or 7 is not required to be appraised in grade 5 or  
            8, respectively. 

          3)Requires visual acuity appraisals to include tests for near  
            vision.

          4)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  







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            nurse and the classroom teacher.

           EXISTING LAW  

          1)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 including:  

             a)   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 authorized to perform those  
               services by the county superintendent of schools, as  
               established by the State Board of Education; and,

             d)   Accredited schools or colleges or optometry, osteopathic  
               medicine, or medicine.  

          2)Requires the vision evaluation to include tests for visual  
            acuity and color vision, however, requires that color vision  
            to be appraised once and only on male students. 

          3)Requires the results of the appraisal to be entered in the  
            health record of the pupil. 
           
          4)Permits external observation of the child's eyes, visual  
            performance, and perception by the school nurse and the  
            classroom teacher.  

          5)Permits the evaluation to be waived if the parents present a  
            certificate from a physician, a physician assistant or an  
            optometrist, and parents may opt-out based on religious  
            beliefs. 

          6)Requires CDE to adopt guidelines for implementation, including  
            training requirements and a method of testing for near vision.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill has potential substantial reimbursable  
          mandate to increase the number of required vision tests, and the  
          scope of those tests. The requirement for "continual and regular  
          observation of the pupil's eyes" by teachers and school nurses  







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          could result in significant local costs, and could be an  
          additional reimbursable mandate to the extent that costs could  
          be proven.

           COMMENTS  : 

           1)PURPOSE OF THIS BILL  .  According to the author, current law  
            allows school nurses to screen students for distance vision,  
            and statutory authority is necessary to allow them to be  
            trained to screen for near vision.  This bill ensures that  
            there is uniformity of training and methodology by requiring  
            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 that 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. 

           2)BACKGROUND  .

             a)   Current Regulations.  Title 5, Section 594 of the  
               California Code of Regulations currently requires that the  
               test of visual acuity be administered by means of an  
               optotype (letters or symbols) test.  Test failure for the  
               visual acuity test is defined as:

               i)     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 inability to identify  
                 accurately the majority of letters or symbols on the  
                 20-foot line of the test chart at a distance of 10 feet;

               ii)    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 of 10 feet; and,







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               iii)   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.

               This bill requires tests for visual acuity to include near  
               vision, which is recommended but not required as an  
               additional procedure in CDE's 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.

             b)   Optotype Test.  The Optotype Test is administered by  
               having an individual accurately identify, to the best of  
               their ability, the majority of letters or symbols on a test  
               chart from various distances.  Charts usually display  
               several rows of optotypes (test symbols), each row in a  
               different size.  An optotype is a standardized symbol for  
               testing vision.  Optotypes can be specially shaped letters,  
               numbers, or geometric symbols.  The person is asked to  
               identify the optotype on the chart, usually starting with  
               large rows and continuing to smaller rows until the  
               optotypes cannot be reliably identified anymore.

             Vision screenings with an eye chart are generally ineffective  
               at detecting farsightedness, according to the American  
               Optometric Association, since farsighted individuals can  
               normally identify the letters on an eye chart without much  
               difficulty. Because no verbal response from the child is  
               necessary, these types of pediatric vision screenings or  
               vision tests can be performed even when the child is very  
               young or preverbal.

             c)   Hyperopia Test.  Hyperopia is a defect of vision caused  
               by an imperfection in the eye, often when the eyeball is  
               too short or the lens cannot become round enough, causing  
               difficulty focusing on near objects.  As an object moves  
               toward the eye, the eye must increase its optical power to  
               keep the image in focus on the retina.  If the power of the  
               cornea and lens is insufficient, as in hyperopia, the image  
               will appear blurred.  Refraction testing is the process of  
               measuring how the eye focuses light.  It's done with the  







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               aid of a phoropter, a specialized instrument that resembles  
               a pair of oversized goggles hanging from a boom.  The  
               goggles conceal a series of lenses your eye care provider  
               adjusts as you read the letters on a projection screen,  
               choosing stronger and stronger lenses until the letters  
               look crisp.

             d)   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.

             e)   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."

           3)SUPPORT  .  According to the American Civil Liberties Union  
            (ACLU) of California, this bill makes several common-sense  
            improvements to existing requirements for visual acuity  
            appraisals that will help school districts detect vision  
            problems that may contribute to early academic deficits for  
            California's school children.  By adding near vision to the  
            testing protocol, this bill ensures that students do not  
            needlessly fall behind in these critical skills as a result of  
            unidentified near vision problems.  Additionally, this bill  
            clarifies existing law to conform to CDE's guidelines for when  
            vision appraisals should be conducted and will improve school-  







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            and district-level planning by regularizing the vision testing  
            schedule.

           4)SUPPORT IF AMENDED  .  The California Academy of Eye Physicians  
            and Surgeons and the California Optometric Association express  
            concerns regarding an increase in "false positives" in visual  
            acuity tests, and the insufficient nature of a screening  
            versus a comprehensive eye exam, respectively.

           5)RELATED LEGISLATION  .  

             a)   SB 430 (Wright) from 2013, currently pending in the  
               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 include a  
               test for binocular function, refraction, and eye health.

             b)   AB 1840 (Campos), from 2014, currently pending in the  
               Senate Health Committee, adds a trained individual, who  
               meets specified requirements, to those who can perform  
               gross external observation of a child's eyes, visual  
               performance, and perception.  Permits a child's vision to  
               be appraised using an eye chart or any other scientifically  
               validated screening test.

           6)PREVIOUS LEGISLATION  .  

             a)   AB 1095 (Wright) from 2001, which was held on 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. 

             b)   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. 

             c)   SB 606 (Vasconcellos) from 2001, which was held on  







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               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.

           7)DOUBLE REFERRAL  .  This bill is double referred, it was heard  
            in the Assembly Committee on Education and passed on June 11,  
            2014 with a vote of 6-0.
           
          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Civil Liberties Union
          State Public Affairs Committee of the Junior Leagues of  
          California
           
            Opposition 
           
          None on file.


           Analysis Prepared by  :    Paula Villescaz / HEALTH / (916)  
          319-2097