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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 402	INTRODUCED
	BILL TEXT


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 introduced, 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. Existing law requires color vision to be appraised only once, only
on male pupils, and authorizes the color vision to be conducted
after the male pupil has reached first grade. Existing law specifies
that a pupil's vision may be appraised by using an eye chart or other
scientifically validated photoscreening test, as specified. Existing
law authorizes vision assessments to be 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 instead require a pupil's vision to be examined by
a physician, optometrist, or ophthalmologist at least every 2nd year
after the pupil's kindergarten year or first enrollment, and would
require the examination to be consistent with the most current
standard, policy, or guideline adopted by the American Academy of
Pediatrics, the American Academy of Ophthalmology, or the American
Optometric Association. The bill would delete the provision
specifying that a pupil's vision may be appraised using an eye chart
or other scientifically validated photoscreening test, and instead
would require a vision examination to include tests for visual
acuity, binocular function, as well as refraction and eye health
evaluations. The bill would delete the provision providing for a
waiver of the vision appraisal, and would also delete the provision
requiring color vision to be only for male pupils after the pupil has
reached first grade, and would instead require color vision to be
examined once at enrollment. The bill would require the department to
adopt regulations to implement the above-specified requirements
relating to vision examinations, as specified.
   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)  (1)    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, and 8, the pupil's vision shall be appraised by the
school nurse or other authorized person under Section 49452.
  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 be
consistent with the most current   standard, policy, or
guideline adopted by the American Academy of Pediatrics, the American
Academy of Ophthalmology, or the American Optometric Association.
This examination shall include tests for visual acuity, binocular
function, as well as refraction and eye health evaluations. The
parent or guardian of the pupil shall provide results of the
examination to the school.  
   (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. 
   (b) The  appraisal   examination  shall
include tests for visual acuity, including near vision, and color
vision; however, color vision shall be  appraised 
 examined  once  and only on male pupils, 
 at enrollment,  and the results of the  appraisal
  examination  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.  
   (c) The appraisal may be waived, if the pupil'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 pupil's vision, including visual acuity and
color vision.  
   (d) 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 a
trained individual who meets requirements established by the
department.  
   (e) 
    (c)  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. 
   (f) 
    (d)  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. 
   (g) 
    (e)  The department shall adopt  guidelines
  regulations  to implement this section, including
training requirements and  a method of testing for near
vision.   shall provide participation data.