BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 402    
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          |AUTHOR:        |Mitchell                                       |
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          |VERSION:       |April 22, 2015                                 |
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          |HEARING DATE:  |April 29, 2015 |               |               |
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          |CONSULTANT:    |Reyes Diaz                                     |
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           SUBJECT  :  Pupil health: vision examinations.

           SUMMARY  :  
          1. Requires a pupil's vision to be examined by a physician,  
            optometrist, or ophthalmologist, as specified, and requires  
            the pupil's parent or guardian to provide the results of the  
            examination to the pupil's school. Prohibits a school from  
            denying 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 examination. If the results of the  
            examination are not provided to the school, requires a pupil's  
            vision, instead, to be appraised pursuant to existing law, as  
            specified.

          Existing law:
          1.Requires a pupil's vision to be appraised, during the  
            kindergarten year or upon first enrollment or entry in a  
            school district of a pupil at an elementary school, and in  
            grades two, five, and eight, by the school nurse or other  
            authorized person, including duly qualified supervisors of  
            health employed by the district; certificated employees of the  
            district or of the county superintendent of schools who  
            possess the qualifications prescribed by the Commission for  
            Teacher Preparation and Licensing; by contract with an agency  
            duly authorized to perform those services by the county  
            superintendent of schools of the county in which the district  
            is located, under guidelines established by the State Board of  
            Education; or accredited schools or colleges of optometry,  
            osteopathic medicine, or medicine.

          2.Prohibits a pupil's vision from being required to be appraised  
            in the year immediately following the pupil's first enrollment  
            or entry if it occurs in grades four or seven.







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          3.Requires the vision appraisal to include tests for visual  
            acuity, including near vision, and color vision. Requires  
            color vision appraisal to be performed once on male pupils  
            only with the results to be entered in the pupil's health  
            record, and specifies that appraisal need not begin until the  
            male pupil has reached the first grade.

          4.Allows the vision appraisal to be waived by the pupil's  
            parents if they present a certificate from a physician and  
            surgeon, a physician assistant, or an optometrist setting out  
            the results of a determination of a pupil's vision, including  
            visual acuity and color vision.

          5.Allows a pupil's vision to be appraised using an eye chart or  
            any other scientifically validated photo screening test.  
            Requires photo screening tests to 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 California  
            Department of Education (CDE).

          6.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  
            nurse and the classroom teacher.

          7.Provides for an exemption of vision appraisal to a pupil whose  
            parent or guardian files 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 principals depend for  
            healing upon prayer in the practice of their religion.

          8.Requires CDE to adopt guidelines to implement the vision  
            appraisal requirements, including training requirements and a  
            method of testing for near vision.
          
          This bill:
          1.Expands current law by requiring a pupil's vision to be  
            examined during the kindergarten year or upon first enrollment  
            or entry in a school district of a pupil at an elementary  
            school, and at least every second year thereafter until the  
            pupil has completed grade 8, by a physician, optometrist or  








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            ophthalmologist. 

          2.Expands current law by requiring the examination to include  
            tests for visual acuity, binocular function, and refraction  
            and eye health evaluations, in addition to current screening  
            tests. Requires the pupil's parent or guardian to provide  
            results of the examination to the school. 

          3.Prohibits a school from denying admission to a pupil or taking  
            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.

          4.If results of the vision examination required in this bill are  
            not provided to the school by a parent or guardian, requires a  
            pupil's vision to be appraised pursuant to existing law, using  
            existing vision screening methods at required grade levels, by  
            the school nurse or other qualified person pursuant to  
            existing law.

          5.Requires CDE to adopt regulations, instead of guidelines, to  
            implement the provisions of this bill, including training  
            requirements. Requires CDE to provide participation data.

           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.

           COMMENTS  :
          1.Author's statement.  According to the author, this bill  
            clarifies that comprehensive vision exams should include  
            critical evaluations that can catch serious eye problems in  
            pupils.
            Studies show that impaired vision in children can affect  
            cognitive, emotional, neurological, and physical development.  
            Students with impaired vision experience developmental delays,  
            lower educational attainment, and a greater need for special  
            education, as well as vocational and social services.

            In 2011, almost 40 percent of students tested at Los Angeles  
            Unified School District experienced significant discomfort  
            while reading or trying to study. In the author's district, 56  
            percent of students at Bradley Elementary School in Leimert  
            Park experienced binocular eye health problems. These eye  
            problems in children directly correlate with low reading  
            fluency. Under existing law, in-school vision screenings only  








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            test school children for near- and farsightedness, color  
            blindness, and any noticeable abnormalities. This bill will  
            ensure that children are tested for 11 more conditions that  
            can limit a student's ability to learn in the classroom, such  
            as astigmatism, convergence problems, binocular vision,  
            accommodation issues, and other serious eye diseases.  
            Detecting vision problems early through more comprehensive  
            exams will ensure that every child has the same opportunity  
            and potential to learn.
            
          2.Current vision screening in schools vs. requirements in this  
            bill. Current law requires vision appraisals for pupils by  
            school nurses and other authorized persons. Current vision  
            appraisals test for visual acuity, including near vision and  
            color vision (for male pupils only, and only once). Appraisals  
            can be performed using an eye chart or any scientifically  
            validated photo screening test (under agreement with or  
            supervision of an optometrist or ophthalmologist). Also,  
            continual and regular observation of the pupil's eyes,  
            appearance, behavior, visual performance, and perception that  
            may indicate vision difficulties are required to be done by  
            the school nurse and the classroom teacher.

            This bill would instead require a pupil to receive an eye  
            examination by a physician, optometrist, or ophthalmologist.  
            The eye examination would include current required tests  
            (visual acuity and color vision) and tests for binocular  
            function, as well as refraction and eye health evaluations. A  
            pupil's parent or guardian is required to submit results of  
            this examination to the school. However, if a parent or  
            guardian does not submit the results of the examination, a  
            pupil's vision would be appraised according to current law.  
            This bill prohibits a school from denying a pupil entry if the  
            results of examination required in this bill are not  
            submitted. 

          3.National Commission on Vision and Health (NCVH). A report by  
            the NCVH, Vision Exams for Children Prior to Entering School,  
            stated that one in four school-age children suffers from  
            vision problems that could have been treated if the child had  
            been properly screened upon entering school. Studies show that  
            there is an increasing need for eye care among children: 25  
            percent of children aged five to 17 have a vision problem; 79  
            percent have not visited an eye care provider in the past  
            year; 35 percent have never seen an eye care professional; and  








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            40 percent who fail initial vision screenings do not receive  
            the appropriate follow-up care. Younger children entering  
            school are even less likely than teenagers to receive vision  
            services. Only one out of 13 children under the age of six  
            visited an eye care provider, compared with about one third of  
            adolescents aged 12-17. Only 22 percent of preschool children  
            received some vision screening, and only 15 percent received  
            an eye exam.

            NCVH states there are three primary methods for vision  
            assessment: school-based vision screening programs;  
            community-based or office-based screening programs; and  
            comprehensive eye exams conducted by an eye care professional.  
            In addition, studies have found that physicians do not  
            consistently conduct vision screenings on children. According  
            to the NCVH, the public, and most importantly parents and  
            teachers, believe that vision screenings can accurately  
            identify those children who need a comprehensive eye exam. A  
            vast majority of children's vision screenings have high rates  
            of false negatives, failing to adequately detect signs of  
            significant vision problems in children chronically burdened  
            by these difficulties, according to NCVH. The NCVH recommended  
            that children have timely access to comprehensive eye exams  
            and stated that if comprehensive exams by an optometrist or  
            ophthalmologist are not possible, science-based vision  
            screening with high sensitivity and specificity and controlled  
            follow-up for treatment is an acceptable, though not  
            preferred, method to providing vision care for children.
          
          4.Vision problems in children. According to the National  
            Association of School Nurses (NASN), vision problems are the  
            fourth most prevalent class of disability in the United States  
            and one of the most prevalent conditions in childhood. NASN  
            maintains that this is an extremely important statistic  
            considering that 80 percent of what children learn comes  
            through their visual processing of information. According to  
            the Centers for Disease Control and Prevention (CDC), impaired  
            vision can affect a child's cognitive, emotional, neurologic  
            and physical development by potentially limiting the range of  
            experiences and kinds of information to which the child is  
            exposed. Despite the importance of appropriate vision testing,  
            the CDC reports that nearly two in three children enter school  
            without ever having had a vision screening.

          5.Binocular vision. According to the Optometrists Network's Web  








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            site, binocular vision is wherein both eyes aim simultaneously  
            at the same visual target and both eyes work together  
            (simultaneously, equally, and accurately) as a coordinated  
            team. Healthy binocular vision produces important visual  
            perceptual skills, which are part of normal human vision:  
            binocular depth perception and stereopsis. Binocular vision  
            impairment is any visual condition wherein binocular visual  
            skills are inadequately developed, and often result in partial  
            or total loss of stereoscopic vision and binocular depth  
            perception. Conditions where the eye is obviously turned or  
            crossed are commonly referred to with terms like "cross-eyed,"  
            "wall-eyes," or "wandering eyes." These binocular vision  
            impairments are easily detected by others as all the observer  
            needs to do is notice that both eyes do not aim in the same  
            direction at all times. Binocular vision impairments are more  
            common than thought. Just one type of binocular impairment,  
            amblyopia (lazy eye), affects approximately three percent of  
            the population. At least 12 percent of the population has some  
            type of problem with binocular vision. 
          
          6.Refraction. According to the National Institutes of Health,  
            the refraction test is an eye exam that measures a person's  
            prescription for eyeglasses or contact lenses. This test is  
            performed by an ophthalmologist or optometrist. This test can  
            be done as part of a routine eye exam. The purpose is to  
            determine whether a person has a refractive error (a need for  
            glasses or contact lenses). If a person's final vision is less  
            than 20/20, even with lenses, there is probably another,  
            non-optical problem with the eye. The vision level one  
            achieves during the refraction test is called the  
            best-corrected visual acuity. Abnormal results may be due to:  
            astigmatism, farsightedness, nearsightedness, or presbyopia  
            (inability to focus on near objects that develops with age).  
            People with a refractive error should have an eye examination  
            every one to two years, or whenever their vision changes.
          
          7.Double referral. This bill was heard in the Senate Education  
            Committee on April 15, 2015, and passed with a vote of 7-0.
          
          8.Prior legislation. SB 1172 (Steinberg), Chapter 925, Statutes  
            of 2014, required a pupil's vision to be appraised by the  
            school nurse or other authorized person during kindergarten or  
            upon first enrollment or entry in a California school district  
            of a pupil at an elementary school, and in grades two, five,  
            and eight, except as provided; revised the functions to be  








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            performed by the school nurse and the classroom teacher in  
            observing a pupil's eyes, appearance, and other factors that  
            may indicate vision difficulties; required the Department of  
            Education to adopt guidelines to implement those provisions,  
            including training requirements and a method of testing for  
            near vision. 

            AB 1840 (Campos), Chapter 803, Statutes of 2014, authorized a  
            child's vision to be appraised by using an eye chart or any  
            scientifically validated photo screening test. Required photo  
            screening tests to 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 of Education. 
            
            SB 430 (Wright), of 2013, would have deleted the existing  
            requirement for appraisal upon first enrollment in an  
            elementary school by the school nurse or other authorized  
            person, and replaced it with a requirement that a pupil  
            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  
            failed in the Assembly Health Committee without being heard.

            SB 606 (Vasconcellos), of 2001, would have required the  
            student eye examination to include screening for binocular  
            function, ocular alignment, ocular motility, and near visual  
            acuity. SB 606 was held on suspense in the Assembly  
            Appropriations Committee.
            
            AB 1095 (Wright), of 2001, would have required every student,  
            within 90 days of entering grade 1, to undergo a comprehensive  
            eye exam that includes, 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 on  
            suspense in the Senate Appropriations Committee.
            
            AB 1096 (Wright), of 2001, would have established a pilot  
            program for schools scoring in the bottom 20 percent 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.

          9.Support. The sponsor of this bill (State Board of Optometry)  








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            and supporters, which include consumer advocates, labor  
            groups, and optometrists, argue that current vision testing in  
            schools is limited to using the eye chart for acuity one eye  
            at a time, from 20 feet away, which does not address how well  
            the two eyes work together while reading. Supporters argue  
            that emerging data and practice in the field of vision show  
            that reading speed and fluency are impacted by poor eye  
            coordination, which can lead to problems like declined reading  
            speed, poor hand-eye coordination, headaches, eye strains, and  
            frustration, which has often been misdiagnosed as attention,  
            behavioral, or emotional disorders. The California Pan-Ethnic  
            Health Network and the California Black Health Network cite  
            health disparities that disproportionately affect Latino,  
            African-American, and American Indian/Alaska Native  
            populations, who have scored lower than white students as  
            proficient or advanced on the third-grade state language arts  
            exam. They state that reading exams can serve as a tool to  
            identify vision problems early in life to help reduce  
            educational disparities.

          10.Opposition. Kaiser Permanente and the American Academy of  
            Pediatrics argue that the requirements in this bill mandate  
            procedures that are not necessary or recommended by eye health  
            professionals and bring very little clinical value at a  
            possible cost and inconvenience to parents. They state that  
            this bill could fragment care for children who can be screened  
            in the medical home by their pediatrician or other health care  
            provider, and also state that there is no data to support that  
            a visit with an optometrist or ophthalmologist is an effective  
            screening system or justifies the associated costs. They argue  
            that expanded screening requirements increase cost and the  
            complexity of accomplishing the screens without evidence that  
            it would produce better outcomes for children and that this  
            bill will result in school absenteeism for children and work  
            absenteeism for parents for having to take children to  
            unnecessary extra provider visits.
          
            Other opponents shared similar concerns in a previous version  
            of this bill. They expressed concerns about the need for  
            expanding the current vision screenings and the costs  
            associated with the new requirements. 

          11.Technical amendment. The author has indicated that an  
            amendment to clarify what should be included in a  
            comprehensive exam will be proposed to be taken in this  








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            committee.
            
           SUPPORT AND OPPOSITION  :
          Support:  California State Board of Optometry (sponsor)
                    American Federation of State, County and Municipal  
                    Employees, AFL-CIO
                    California Black Health Network
                    California Chapter of the National Association of  
                    Social Workers
                    California Federation of Teachers
                    California Optometric Association 
                    California Pan-Ethnic Health Network
                    Disability Rights California
                    Hundreds of individuals
          
          Oppose:   American Academy of Pediatrics
                    California Academy of Family Physicians (previous  
                    version)
                    California School Nurses Organization (previous  
                    version)
                    Kaiser Permanente


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