BILL NUMBER: SB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015

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 amended, 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
 8, unless the appraisal is  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.   require a pupil's vision to be appraised in
accordance with the above specified provisions only if the pupil's
parent or guardian fails to provide the results of a vision
examination conducted by a physician, optometrist, or ophthalmologist
in accordance with specified provisions. The bill would prohibit a
school from denying admission to, or taking adverse action against, a
pupil if his or her parent or guardian fails to provide the results
of the vision examination. The bill would require the department to
adopt regulations, rather than guidelines, to implement these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49455 of the Education Code is amended to read:

   49455.  (a) During the kindergarten year or upon first enrollment
or entry in a California school district of a pupil at an elementary
school, and at least every second year thereafter until the pupil has
completed grade 8, the pupil's vision shall be examined by a
physician, optometrist, or ophthalmologist.  This examination
shall 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.
 This examination shall include tests for visual acuity,
binocular function, as well as refraction and eye health evaluations.
The parent or guardian of the pupil shall provide results of the
examination to the school. 
   (b) The examination shall include tests for visual acuity,
including near vision, and color vision; however, color vision shall
be examined once at enrollment, and the results of the examination
shall be entered in the health record of the pupil.  
   (b) A school shall not deny admission to a pupil or take any other
adverse action against a pupil if his or her parent or guardian
fails to provide the results of the vision examination to the school.
 
   (c) (1) If the results of the vision examination are not provided
to the school, then during the kindergarten year or upon first
enrollment or entry, and in grades 2, 5, and 8, the pupil's vision
shall be appraised by the school nurse or other person authorized
under Section 49452.  
   (2) 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.  
   (3) The appraisal shall 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
grade 1.  
   (4) A pupil's vision may be appraised by using an eye chart or any
other scientifically validated photoscreening test. Photoscreening
tests shall be performed under an agreement with, or the supervision
of, an optometrist or ophthalmologist, by the school nurse, or by a
trained individual who meets requirements established by the
department.  
   (c) 
    (d)  Continual and regular observation of the pupil's
eyes, appearance, behavior, visual performance, and perception that
may indicate vision difficulties shall be done by the school nurse
and the classroom teacher. 
   (d) 
    (e)  This section shall not apply to a pupil whose
parents or guardian file with the principal of the school in which
the pupil is enrolling, a statement in writing that they adhere to
the faith or teachings of any well-recognized religious sect,
denomination, or organization and in accordance with its creed,
tenets, or principles depend for healing upon prayer in the practice
of their religion. 
   (e) 
    (f)  The department shall adopt regulations to implement
this section, including training requirements and shall provide
participation data.