Bill Text: CA SB402 | 2015-2016 | Regular Session | Amended

---

Bill Title: Pupil health: vision examinations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB402 Detail]

Download: California-2015-SB402-Amended.html

---

BILL NUMBER: SB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2015
	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator Mitchell

                        FEBRUARY 25, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 402, as amended, Mitchell. Pupil health: vision examinations.
   Existing law requires a pupil's vision to be appraised by a school
nurse or other authorized person in the pupil's kindergarten year or
upon first enrollment in elementary school, and in grades 2, 5, and
8, unless the appraisal is waived by the pupil's parents upon
presentation of a certificate from a physician and surgeon, a
physician assistant, or an optometrist. Existing law requires the
State Department of Education to adopt guidelines to implement those
provisions.
   This bill would require a pupil's vision to be appraised in
accordance with the above specified provisions only if the pupil's
parent or guardian fails to provide the results of a vision
examination conducted by a physician, optometrist, or ophthalmologist
in accordance with specified provisions. The bill would prohibit a
school from denying admission to, or taking adverse action against, a
pupil if his or her parent or guardian fails to provide the results
of the vision examination. The bill would require the department to
adopt regulations, rather than guidelines, to implement these
provisions.
   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) During the kindergarten year or upon first enrollment
or entry in a California school district of a pupil at an elementary
school, and at least every second year thereafter until the pupil has
completed grade 8, the pupil's vision shall be examined by a
physician, optometrist, or ophthalmologist. This examination shall
include tests for  visual acuity, binocular function, as well
as refraction   distance and near visual acuity, eye
tracking, binocular vision skills, including both eye teaming and
convergence, accommodation, color vision, depth perception,
intraocular pressure, pupil evaluation, objective and subjective
  refraction,  and eye health evaluations. The parent
or guardian of the pupil shall provide results of the  vision
 examination to the school.
   (b) A school shall not deny 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 vision examination to the school.

   (c) (1) If the results of the vision 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.
   (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.
   (3) 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
grade 1.
   (4) 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 by a
trained individual who meets requirements established by the
department.
   (d) 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.
   (e) This section shall not apply to a pupil whose parents or
guardian file 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 principles
depend for healing upon prayer in the practice of their religion.
   (f) The department shall adopt regulations to implement this
section, including training  requirements  
requirements,  and shall provide participation data.