BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 402 --------------------------------------------------------------- |AUTHOR: |Mitchell | |---------------+-----------------------------------------------| |VERSION: |April 22, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 29, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Reyes Diaz | --------------------------------------------------------------- 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. SB 402 (Mitchell) Page 2 of ? 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 SB 402 (Mitchell) Page 3 of ? 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 SB 402 (Mitchell) Page 4 of ? 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 SB 402 (Mitchell) Page 5 of ? 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 SB 402 (Mitchell) Page 6 of ? 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 SB 402 (Mitchell) Page 7 of ? 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) SB 402 (Mitchell) Page 8 of ? 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 SB 402 (Mitchell) Page 9 of ? 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 -- END --