California Senate Bill SB1172 Amended / Bill

 BILL NUMBER: SB 1172AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2014 AMENDED IN SENATE MARCH 27, 2014 INTRODUCED BY Senator Steinberg (Principal  coauthor:   Assembly Member   Gonzalez   coauthors:   Assembly Members   Buchanan   and Gonzalez  )  (   Coauthor:  Assembly Member   Buchanan   )  FEBRUARY 20, 2014 An act to amend Section 49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 1172, as amended, Steinberg. Pupil health: vision appraisals. Existing law requires, upon first enrollment in a California school district of a child at an 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. Existing law requires this appraisal to include tests for visual acuity and color vision. Existing law requires gross external observation of the child's eyes, visual performance, and perception to be done by the school nurse and the classroom teacher. This bill would instead require a pupil's vision to be appraised by the school nurse or other authorized person during  kindergarten, first grade,   kindergarten  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.   8, except as provided.  The bill would revise the functions to be performed by the school nurse and the classroom teacher in observing a pupil's eyes, appearance, and other factors that may indicate vision difficulties. The bill would require the State Department of Education to adopt guidelines to implement those provisions, including training requirements and a method of testing for near vision. Because the bill would impose additional duties on public schools, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. 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, first grade,   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.  This   (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 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 the first grade.  The   (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.  (b)   (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.  (c)   (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.  (d)   (f)  The department shall adopt guidelines to implement this section, including training requirements and a method of testing for near vision. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.