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, 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 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 49455 of the Education Code is amended
2to read:
(a) During the kindergarten year or upon first
4enrollment or entry in a California school district of a pupil at an
5elementary school, and at least every second year thereafter until
6the pupil has completed grade 8, the pupil’s vision shall be
7examined by a physician, optometrist, or ophthalmologist. This
8examination shall include tests forbegin delete visual acuity, binocular function, begin insert distance and near visual acuity, eye tracking,
9as well as refractionend delete
10binocular vision skills, including both eye teaming and
11convergence, accommodation, color vision, depth perception,
12intraocular pressure, pupil evaluation, objective and subjective
13
refraction,end insert and eye health evaluations. The parent or guardian of
14the pupil shall provide results of thebegin insert visionend insert examination to the
15school.
16(b) A school shall not deny admission to a pupil or take any
17other adverse action against a pupil if his or her parent or guardian
18fails to provide the results of the vision examination to the school.
19(c) (1) If the results of the vision examination are not provided
20to the school, then during the kindergarten year or upon first
21enrollment or entry, and in grades 2, 5, and 8, the pupil’s vision
22shall be appraised by the school nurse or other person authorized
23under Section 49452.
24(2) A pupil whose first enrollment or entry occurs in grade 4 or
257 shall not be required to be appraised in the year immediately
26following the pupil’s first enrollment or entry.
27(3) The appraisal shall include tests for visual acuity, including
28near vision and color vision. However, color vision shall be
29appraised once and only on male pupils, and the results of the
30appraisal shall be entered in the health record of the pupil. Color
31vision appraisal need not begin until the male pupil has reached
32grade 1.
33(4) A pupil’s vision may be appraised by using an eye chart or
34any other scientifically validated photoscreening test.
35
Photoscreening tests shall be performed under an agreement with,
36or the supervision of, an optometrist or ophthalmologist, by the
37school nurse, or by a trained individual who meets requirements
38established by the department.
P3 1(d) Continual and regular observation of the pupil’s eyes,
2appearance, behavior, visual performance, and perception that may
3indicate vision difficulties shall be done by the school nurse and
4the classroom teacher.
5(e) This section shall not apply to a pupil whose parents or
6guardian file with the principal of the school in which the pupil is
7enrolling, a statement in writing that they adhere to the faith or
8teachings of any well-recognized religious sect, denomination, or
9organization and in accordance with its creed, tenets, or principles
10depend
for healing upon prayer in the practice of their religion.
11(f) The department shall adopt regulations to implement this
12section, including trainingbegin delete requirementsend deletebegin insert requirements,end insert and shall
13provide participation data.
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