BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 402                 
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          |Author:    |Mitchell                                             |
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          |Version:   |February 25, 2015                      Hearing Date: |
          |           |    April 15, 2015                                   |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Olgalilia Ramirez                                    |
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          Subject:  Pupil health:  vision examinations

          NOTE:   This bill has been referred to the Committees on  
          Education and Health.  A "do ???... pass" motion should include  
          referral to the Committee on Health.

            SUMMARY
          
          This bill deletes the requirement that students' vision be  
          appraised by a school nurse, and instead requires that students'  
          vision be examined by a physician, optometrist, or  
          ophthalmologist.  

            BACKGROUND
          
          Current law:

             1.   Requires, during kindergarten or upon first enrollment  
               in an elementary school, and in grades 2, 5, and 8, the  
               vision of students to be appraised by the school nurse or  
               other authorized person. The appraisal must include tests  
               for visual acuity and color vision, however, color vision  
               is to be appraised once and only on male students.  
               Continual and regular observation of students' eyes,  
               appearance, behavior, visual performance and perception are  
               to be done by the school nurse and the classroom teacher.  
               The appraisal may be waived if the parents present a  
               certificate from a physician and surgeon, a physician  
               assistant or an optometrist, and parents may opt-out based  
               on religious beliefs.  (Education Code § 49455)







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             2.   Requires a report to be made to the parent when a visual  
               or other defect has been noted by the supervisor of health  
               or his/her assistant.  (EC § 49456)

             3.   Requires school districts to provide for the testing of  
               the sight and hearing of each student enrolled in the  
               district. The test is to be given only by: 

                  A.        Duly 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 duly authorized to  
                    perform those services by the county superintendent of  
                    schools, under guidelines established by the State  
                    Board of Education.

                  D.        Accredited schools or colleges or optometry,  
                    osteopathic medicine, or medicine.  (Education Code §  
                    49452)

             1.   Provides that: 

                  A.        An employee of a school district or of a  
                    county superintendent of schools to be authorized to  
                    give vision tests and be designated a "duly qualified  
                    supervisor of health" if the employee is a physician  
                    and surgeon or osteopath, a school nurse, or an  
                    optometrist.

                  B.        Non-medical certificated employees of a school  
                    district or county office of education may be  
                    authorized to give vision tests if the employee has  
                    specified documentation. (California Code of  
                    Regulations, Title 5, § 591)

            ANALYSIS
          
          This bill deletes the requirement that students' vision be  








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          appraised by a school nurse or other authorized person, and  
          instead requires that students' vision be examined by a  
          physician, optometrist, or ophthalmologist. Specifically, this  
          bill:

          1.   Adds binocular function, refraction, and eye health  
               evaluation to the list of required vision examinations.

          2.   Requires the parent or guardian to provide test results to  
               the school and eliminates vision appraisal waivers. 

          3.   Requires examinations to be aligned with the most current  
               standards, policy or guidelines adopted by the American  
               Academy of Pediatrics, the American Academy Ophthalmology  
               or the American Optometric Association.

          4.   Requires students' vision to be examined every two years  
               until the student completes grade 8. 

          5.   Deletes the following provisions:

                    A.             Clarifying if first enrollment occurs  
                    in grade 4 or 7 the student's vision need not be  
                    appraised in the year immediately following.

                    B.             Requiring color vision to be only for  
                    male students after the student has reached first  
                    grade instead specifies that student's color vision be  
                    examined once at enrollment.

                    C.             Specifying that a student's vision may  
                    be appraised using an eye chart or other  
                    scientifically validated photoscreening test. 

          6.   Requires the department to adopt regulations to implement  
               this section as well as provide participation data in lieu  
               of adopting guidelines, as specified.



          STAFF COMMENTS
          
          1.   Need for the bill.  According to the author, vision testing  
               in California schools is limited to screening for visual  








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               acuity and while current practices are important for  
               identifying children who may need glasses, it does not  
               address how well the two eyes work together while reading  
               which may impact academic performance. The author asserts  
               that although there are optional procedures for assessing  
               vision in public schools that could uncover eye  
               coordination problems, these are rarely used. This bill  
               requires students entering elementary school to receive a  
               comprehensive eye exam by a physician, optometrist, or  
               ophthalmologist for the purposes of identifying visual  
               defects like eye coordination problems that may be missed  
               by existing testing methods. 

          2.   Comprehensive eye exam.  According to the California  
               Optometric Association comprehensive eye exams evaluate  
               three primary areas: vision, binocularity and eye health.   
               "A subjective and/or an objective refraction are performed  
               to detect myopia (nearsightedness), astigmatism  
               (irregularity of the cornea) or hyperopia  
               (farsightedness)." Additionally, focusing ability is  
               evaluated and near visual acuity as well as color vision is  
               tested. There is a binocular assessment, which checks depth  
               perception, eye alignment, teaming tracking, and  
               convergence important skills for reading and learning.  
               Overall, a thorough evaluation is performed to ensure good  
               eye health. This bill adds binocular function, refraction,  
               and eye health evaluation to the list of required vision  
               examinations and requires the parent or guardian to provide  
               test results to the school.

          3.   Frequency of appraisal.  Current law 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, including tests  
               for visual acuity and color vision.  The evaluation of  
               color vision is to be appraised once and only on male  
               students, and need not begin until the male student has  
               reached grade 1. This bill instead, provides that  
               examinations including binocular function as well as  
               refraction and eye health examinations are given to  
               students every two years until the student completes grade  
               8. 

          4.   Vision screening in California's schools.  The Guide for  








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               Vision Testing in California Public Schools developed by  
               California Department of Education (CDE) provides districts  
               and school health personnel with guidelines for a vision  
               testing program. The guidelines facilitate the planning and  
               implementation of programs for assessment of vision for all  
               students in California public schools.  Among its  
               recommendations, the publication provides that those  
               authorized to conduct vision appraisals include the  
               following:

               A.        Medical practitioners, including a nurse,  
                    physician, ophthalmologist, or optometrist who holds  
                    both a license from the appropriate California board  
                    or agency, and a health and development credential, a  
                    standard designated service credential with a  
                    specialization in health, a health services credential  
                    as a school nurse, or a school nurse services  
                    credential;

               B.        Certificated school district or county employees  
                    who hold a teaching credential and are qualified by  
                    training, including satisfactory completion of six  
                    hours of vision testing, or an accredited college or  
                    university course in vision testing of at least one  
                    semester unit; or,

               C.        Contracting agents who have met the training  
                    requirements specified above and who have been  
                    authorized by the county superintendent of schools in  
                    which the district is located to perform the tests.
           
               Current law requires CDE to adopt guidelines to implement  
               this section and provides CDE with flexibility to consult  
               with the appropriate entities. Rather than require the  
               implementation of standards from non-governmental entities  
               staff recommends striking on page 2 line 9 "This  
               examination shall be consistent with the most current  
               standard, policy or guideline adopted by the American  
               Academy of Pediatrics, the American Academy Ophthalmology  
               or the American Optometric Association."

               Current law provides students' vision to be appraised by a  
               school nurse. This bill deletes this option and provides no  
               alternative for parents.  Staff recommends the bill be  








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               amended to reinstate the following provisions:  

               A.        A school shall not deny admission to a pupil or  
               take another adverse 
                    action against a pupil if his or her parent or  
               guardian fails to provide the 
                    results of the examination to the school.

               B.        If the results of the eye 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.

               C.         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. 

               D.        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 the first grade. 

               E.        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 a trained  
               individual who meets 
                    requirements established by the department.

          5.   Prior legislation.  
               








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               AB 1840 (Campos, CH. 803, 2014) authorized a child's vision  
               to be appraised by using an eye chart or any scientifically  
               validated photoscreening test and requires photoscreening  
               tests to 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 specified  
               requirements as determined by the California Department of  
               Education (CDE). AB 402 would substantially delete the  
               provisions most recently enacted by AB 1840 (Campus 2014)  
               and SB 1172 (Steinberg 2014) regarding vision appraisals.   
               The amendments outlined in staff comment #4 reinstate the  
               deleted provisions only in the event that results of an  
               exam cannot be provided by a parent. 

               SB 1172 (Steinberg, CH. 925, 2014) requires school vision  
               appraisals to include tests for near vision, and expands  
               current requirements for school nurses and teachers to  
               observe student's eyes to also include observation of the  
               appearance and behavior of student's eyes, and requires  
               observation to be continual and regular.  

               SB 430 (Wright, 2013) would have required a pupil to  
               receive a vision examination from a physician, optometrist,  
               or ophthalmologist and required that screening to include a  
               test for binocular function, refraction, and eye health.  
               SB 430 died in the Assembly Health Committee. 

               AB 1095 (Wright, 2001) would have required every student,  
               within 90 days of entering grade 1, to undergo a  
               comprehensive eye exam that included, in addition to ocular  
               health and distance and near visual acuity, additional  
               evaluations of visual skills such as eye teaming, focusing  
               and tracking that may impact a child's ability to read.  AB  
               1095 was held in the Senate Appropriations Committee's  
               suspense file.

               AB 1096 (Wright, 2001) would have established a pilot  
               program for schools scoring in the bottom 20% on state  
               achievement tests, to administer to poor readers a  
               comprehensive eye screening and remedial vision training.   
               AB 1096 died on the Senate Floor's inactive file.

            SUPPORT
          








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          California Black Health Network
          California Federation of Teachers
          California Federation of Teachers
          California Optometric Association 
          California Pan-Ethnic Health Network
          California State Board of Optometry 
          Numerous individuals 

            OPPOSITION
           
           American Academy of Pediatrics
          California Academy of Eye Physicians and Surgeons
          California Academy of Family Physicians
          California School Nurse Organizations 
          Kaiser Permanente
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