California Senate Bill SB430 Introduced / Bill

 BILL NUMBER: SB 430INTRODUCED BILL TEXT INTRODUCED BY Senator Wright (Coauthor: Assembly Member Mitchell) FEBRUARY 21, 2013 An act to amend Section 49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 430, as introduced, Wright. Pupil health: vision appraisal: binocular function. 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. Existing law requires this appraisal to include tests for visual acuity and color vision. This bill would require the appraisal to also include a test for binocular function. The bill would provide that the binocular function appraisal need not begin until the pupil has reached the 3rd grade and would authorize the binocular function appraisal to include a validated symptom survey, as specified. By requiring a school nurse or other authorized person to test for binocular function, the bill would impose a state-mandated local program. This bill would also make nonsubstantive changes to this provision. 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)    Upon first enrollment in a California school district of a  child   pupil  at a California elementary school, and at least every third year thereafter until the  child   pupil  has completed the  eighth   8th  grade, the  child's   pupil'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  , binocular function,  and color vision; however, color vision shall be appraised once and only on male  children,   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.  Binocular function appraisal need not begin until the pupil has reached the 3rd grade.  Gross external observation of the  child's  pupil's  eyes, visual performance, and perception shall be done by the school nurse and the classroom teacher. The  evaluation   appraisal  may be waived, if the  child's   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  child's   pupil's  vision, including visual acuity  , binocular function,  and color vision.  The provisions of this   (b)     This  section shall not apply to  any child   a pupil  whose parents or guardian file with the principal of the school in which the  child   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.  (c) The binocular function appraisal required by subdivision (a) may include a validated symptom survey developed during a National Institute of Health clinical trial and published for use in the public domain.  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.