Senate BillNo. 402


Introduced by Senator Mitchell

February 25, 2015


An act to amend Section 49455 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

SB 402, as introduced, Mitchell. Pupil health: vision examinations.

Existing law requires a pupil’s vision to be appraised by a school nurse or other authorized person in the pupil’s kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8. Existing law requires color vision to be appraised only once, only on male pupils, and authorizes the color vision to be conducted after the male pupil has reached first grade. Existing law specifies that a pupil’s vision may be appraised by using an eye chart or other scientifically validated photoscreening test, as specified. Existing law authorizes vision assessments to be waived by the pupil’s parents upon presentation of a certificate from a physician and surgeon, a physician assistant, or an optometrist. Existing law requires the State Department of Education to adopt guidelines to implement those provisions.

This bill would instead require a pupil’s vision to be examined by a physician, optometrist, or ophthalmologist at least every 2nd year after the pupil’s kindergarten year or first enrollment, and would require the examination to be consistent with the most current standard, policy, or guideline adopted by the American Academy of Pediatrics, the American Academy of Ophthalmology, or the American Optometric Association. The bill would delete the provision specifying that a pupil’s vision may be appraised using an eye chart or other scientifically validated photoscreening test, and instead would require a vision examination to include tests for visual acuity, binocular function, as well as refraction and eye health evaluations. The bill would delete the provision providing for a waiver of the vision appraisal, and would also delete the provision requiring color vision to be only for male pupils after the pupil has reached first grade, and would instead require color vision to be examined once at enrollment. The bill would require the department to adopt regulations to implement the above-specified requirements relating to vision examinations, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 49455 of the Education Code is amended
2to read:

3

49455.  

(a) begin delete(1)end deletebegin deleteend deleteDuring the kindergarten year or upon first
4enrollment or entry in a California school district of a pupil at an
5elementary school, andbegin delete in grades 2, 5, and 8, the pupil’s vision
6shall be appraised by the school nurse or other authorized person
7under Section 49452.end delete
begin insert at least every second year thereafter until
8the pupil has completed grade 8, the pupil’s vision shall be
9examined by a physician, optometrist, or ophthalmologist. This
10examination shall be consistent with the most current standard,
11policy, or guideline adopted by the American Academy of
12Pediatrics, the American Academy of Ophthalmology, or the
13American Optometric Association. This examination shall include
14tests for visual acuity, binocular function, as well as refraction
15and eye health evaluations. The parent or guardian of the pupil
16shall provide results of the examination to the school.end insert

begin delete

17(2) A pupil whose first enrollment or entry occurs in grade 4 or
187 shall not be required to be appraised in the year immediately
19following the pupil’s first enrollment or entry.

end delete

20(b) Thebegin delete appraisalend deletebegin insert examinationend insert shall include tests for visual
21acuity, including near vision, and color vision; however, color
22vision shall be begin deleteappraisedend deletebegin insert examinedend insert oncebegin delete and only on male pupils,end delete
23begin insert at enrollment,end insert and the results of thebegin delete appraisalend deletebegin insert examinationend insert shall
24be entered in the health record of the pupil.begin delete Color vision appraisal
25need not begin until the male pupil has reached the first grade.end delete

begin delete

26(c) The appraisal may be waived, if the pupil’s parents so desire,
27by their presenting of a certificate from a physician and surgeon,
28a physician assistant practicing in compliance with Chapter 7.7
P3    1(commencing with Section 3500) of Division 2 of the Business
2and Professions Code, or an optometrist setting out the results of
3a determination of the pupil’s vision, including visual acuity and
4color vision.

5(d) A pupil’s vision may be appraised by using an eye chart or
6any other scientifically validated photoscreening test.
7Photoscreening tests shall be performed, under an agreement with,
8or the supervision of, an optometrist or ophthalmologist, by the
9school nurse or a trained individual who meets requirements
10established by the department.

end delete
begin delete

11(e)

end delete

12begin insert(c)end insert Continual and regular observation of the pupil’s eyes,
13appearance, behavior, visual performance, and perception that may
14indicate vision difficulties shall be done by the school nurse and
15the classroom teacher.

begin delete

16(f)

end delete

17begin insert(d)end insert This section shall not apply to a pupil whose parents or
18guardian file with the principal of the school in which the pupil is
19enrolling, a statement in writing that they adhere to the faith or
20teachings of any well-recognized religious sect, denomination, or
21organization and in accordance with its creed, tenets, or principles
22depend for healing upon prayer in the practice of their religion.

begin delete

23(g)

end delete

24begin insert(e)end insert The department shall adoptbegin delete guidelinesend deletebegin insert regulationsend insert to
25implement this section, including training requirements andbegin delete a
26method of testing for near vision.end delete
begin insert shall provide participation data.end insert



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