California Assembly Bill AB1840 Amended / Bill

 BILL NUMBER: AB 1840AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Campos FEBRUARY 18, 2014 An act to amend Section  49452   49455  of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST AB 1840, as amended, Campos. Pupil health:  sight and hearing tests.   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 also require a child's vision to be appraised upon first enrollment in a state or federally funded child care and development program, and at least every 3rd year thereafter until the child has completed the 8th grade, as specified. The bill would authorize a child's vision to be appraised by using an eye chart or any other scientifically valid technology.   Existing law requires the governing board of any school district to provide for the adequate testing of sight and hearing of each pupil enrolled in the schools of the district to be given only by specified persons.   This bill would make technical, nonsubstantive changes to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   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  or a state or federally funded child care and development program, as defined by Section 8208  , 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  evaluation   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  , or the caregiver, as applicable  . The  evaluation   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 other scientifically valid technology. For purposes of this subdivision, a scientifically valid technology is a technology that has been published in a peer reviewed journal.   The provisions of this   (c)     This  section shall not apply to  any   a  child whose parents or guardian file with the principal of the school  or the caregiver of the child care and development program, as applicable,  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.  SECTION 1.   Section 49452 of the Education Code is amended to read: 49452. The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in a school of the district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the district; or by 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; or 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. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent any such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable.