BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 1172
          Author:   Steinberg (D), et al.
          Amended:  8/18/14
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/30/14
          AYES:  Liu, Wyland, Block, Correa, Galgiani, Hancock, Hueso,  
            Huff, Monning

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg

           SENATE FLOOR  :  35-0, 5/27/14
          AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, De  
            Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,  
            Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno,  
            Lieu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley,  
            Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED: Calderon, Correa, Liu, Wright, Yee

           ASSEMBLY FLOOR  : 78-0, 8/25/14 - See last page for vote


           SUBJECT  :    Pupil health:  vision appraisals

           SOURCE  :     Author


           DIGEST  :    This bill deletes the existing vision screening  
          requirements and instead, requires, during the kindergarten year  
          or upon first enrollment or entry in a California school  
          district of a pupil at an elementary school, and in grades 2, 5,  
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          and 8, the pupil's vision to be appraised by the school nurse or  
          other authorized person.

           Assembly Amendments  require a pupil's vision may be appraised by  
          using an eye chart or any other scientifically validated  
          photoscreening test, as specified; 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; states legislative finding that access to vision care  
          has been expanded with implementation of the federal Patient  
          Protection and Affordable Care Act; add double jointing language  
          to avoid chaptering out provisions with AB 1840 (Campos); and  
          make various technical changes.

           ANALYSIS  :    Existing law:

          1.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  
               school district.

             B.   Certificated employees of the school 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. 

          1.Provides that non-medical certificated employees of a school  
            district or county office of education may be authorized to  
            give vision tests if the employee has one of the following  
            documents:

             A.   A statement from a qualified supervisor of health that  
               the employee has satisfactorily completed an acceptable  
               course of in-service in techniques and procedures in vision  
               testing of at least six hours, and that the employee is  

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               qualified to administer vision tests to students.

             B.   A transcript from an accredited college or university  
               evidencing that the employee has successfully completed an  
               acceptable course in vision testing of at least one  
               semester unit. 

          1.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 by  
            the school nurse or other authorized person.  The evaluation  
            must include tests for visual acuity and color vision,  
            however, color vision is to be appraised once and only on male  
            students.  Gross external observation of the child's eyes,  
            visual performance, and perception are to be done by the  
            school nurse and the classroom teacher.  The evaluation 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. 

          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.  

          This bill:

          1.Specifies that 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. 

          2.Requires the appraisal to 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; and, color vision appraisal need not begin until  
            the male pupil has reached the first grade. 

          3.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. 

          4.Requires the California Department of Education to adopt  

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            guidelines for implementation, including training requirements  
            and a method of testing for near vision. 

          5.Makes a Legislative finding that access to vision care has  
            been expanded with implementation of the federal Patient  
            Protection and Affordable Care Act; and, expresses legislative  
            intent that families be encouraged to utilize the vision care  
            benefits in order to identify vision difficulties that  
            interfere with reading and learning, and that vision screening  
            is performed by appropriately trained professionals. 

          6.Adds double jointing language to avoid chaptering out issues  
            with AB 1840 (Campos).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           Minor/absorbable costs to the California Department of  
            Education to update the existing vision screening guide. 
           Unknown, potentially significant reimbursable state mandated  
            costs for school districts to administer additional vision  
            screenings and to expand the scope of the screenings to  
            include near vision. 

          According to the Commission on State Mandates, there are no  
          pending test claims nor is there a past mandate determination on  
          the current vision screening requirements.  This bill requires  
          additional screenings and expands the scope of screenings.  If a  
          test claim is submitted, the Commission needs to determine if  
          the requirements of the bill constitute a higher level of  
          service.  For illustration, if one-third of the nearly 1,000  
          school districts claimed the $1,000 minimum mandate, state costs  
          could be approximately $300,000. 

           SUPPORT  :   (Verified  8/26/14)

          American Civil Liberties Union
          Junior Leagues of California, State Public Affairs Committee

           OPPOSITION  :    (Verified  8/26/14)

          State Board of Optometry

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           ASSEMBLY FLOOR  : 78-0, 08/25/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,  
            Holden, Jones, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.  
            Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, 
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED: Jones-Sawyer, Vacancy


          PQ:nl  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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