Amended in Senate August 22, 2014

Amended in Senate August 5, 2014

Amended in Senate July 2, 2014

Amended in Assembly May 8, 2014

Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1840

Introduced by Assembly Member Campos

February 18, 2014

An act to amend Section 49455 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1840, as amended, Campos. Pupil health: vision appraisal.

Existing law requires, upon first enrollment in a California school district of a child at a California elementary school, and at least every 3rd year thereafter until the child has completed the 8th grade, the child’s vision to be appraised by the school nurse or other authorized person, as specified.

This bill would authorize a child’s vision to be appraised by using an eye chart or any scientifically validated photoscreening test. The bill would require photoscreening 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 State Department of Education.

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This bill would incorporate changes to Section 49455 of the Education Code proposed by SB 1172, to become operative if SB 1172 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

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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) Upon first enrollment in a California school district
of a child at a California elementary school, and at least every third
year thereafter until the child has completed the eighth grade, the
child’s vision shall be appraised by the school nurse or other
authorized person under Section 49452. This appraisal shall include
tests for visual acuity and color vision; however, color vision shall
be appraised once and only on male children, 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. Gross external observation of the child’s
eyes, visual performance, and perception shall be done by the
school nurse and the classroom teacher. The appraisal may be
waived, if the child’s parents so desire, by their presenting of a
certificate from a physician and surgeon, a physician assistant
practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code,
or an optometrist setting out the results of a determination of the
child’s vision, including visual acuity and color vision.

(b) A child’s vision may be appraised by using an eye chart or
any 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.

(c) This section shall not apply to a child whose parents or
guardian file with the principal of the school in which the child 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.

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begin insert SEC. 1.5. end insert   

end insert

begin insert Section 49455 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

49455.  

begin delete Upon end delete begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert During the kindergarten year or upon end insert
first enrollment begin insert or entry end insert in a California school district of a begin delete child
at a California end delete begin insert pupil at an end insert elementary school, and begin delete at least every
third year thereafter until the child has completed the eighth grade,
the child’s end delete begin insert in grades 2, 5, and 8, the pupil’s end insert vision shall be
appraised by the school nurse or other authorized person under
Section 49452. begin delete This evaluation end delete

begin insert

(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.

end insert

begin insert (b) end insert begin insert   end insert begin insert The appraisal end insert shall include tests for visual acuity begin insert , including
near vision, end insert and color vision; however, color vision shall be
appraised once and only on male begin delete children, end delete begin insert pupils, end insert 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. begin delete Gross external observation of the child’s
eyes, visual performance, and perception shall be done by the
school nurse and the classroom teacher. The evaluation end delete

begin insert (c) end insert begin insert   end insert begin insert The appraisal end insert may be waived, if the begin delete child’s end delete begin insert pupil’s end insert parents
so desire, by their presenting of a certificate from a physician and
surgeon, a physician assistant practicing in compliance with
Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code, or an optometrist setting out the
results of a determination of the begin delete child’s end delete begin insert pupil’s end insert vision, including
visual acuity and color vision.

begin delete

The provisions of this

end delete begin insert

(d) A pupil’s vision may be appraised by using an eye chart or
any 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.

end insert begin insert

(e) 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.

end insert

begin insert (f) end insert begin insert   end insert begin insert This end insert section shall not apply to begin delete any child end delete begin insert a pupil end insert whose parents
or guardian file with the principal of the school in which the begin delete child end delete
begin insert pupil end insert 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.

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(g) The department shall adopt guidelines to implement this
section, including training requirements and a method of testing
for near vision.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 49455 of the Education Code proposed by both this bill
and Senate Bill 1172. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 49455 of the Education Code,
and (3) this bill is enacted after Senate Bill 1172, in which case
Section 1 of this bill shall not become operative.

end insert