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 SB 1172 Page 2 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 SB 1172 Page 3 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, SB 1172 Page 4 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 SB 1172 Page 5 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- SB 1172 Page 6 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 SB 1172 Page 7 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