California Senate Bill SB430 Amended / Bill

 BILL NUMBER: SB 430AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 18, 2013 AMENDED IN SENATE APRIL 18, 2013 INTRODUCED BY Senator Wright (Coauthor: Senator Hancock) (Coauthors: Assembly Members Mitchell and John A. Prez) FEBRUARY 21, 2013 An act to amend  Section   , repeal, and add Sections 48216 and  49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 430, as amended, Wright. Pupil health: vision  appraisal:   examination:  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.  Existing law requires the county office of education or the governing board of the school district of attendance to exclude any pupil who has not been properly immunized, unless the pupil is exempted from the immunization requirement, as specified.  This bill would  require the appraisal   instead, before first en   rollment in a California school district of a pupil at a California elementary school, and at least every 3rd year thereafter until the pupil has completed the 8th grade, require the pupil's vision to be examined by an optometrist or ophthalmologist, except as specified, and require the examination  to also include a  screening  test for binocular function  and refraction and eye health evaluations  . The bill would provide that the binocular function  appraisal   examination  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   require the parent or guardian of the pupil to provide results of the examination to the school district. The bill would require the county office of education or the governing board of the school district of attendance to exclude a pupil who has not been examined by an optometrist or ophthalmologist, as described above, and would require the governing board of the school district to notify the parent or guardian of the pupil that the parent or guardian has 2 weeks to supply evidence that the pupil has been examined by an optometrist or ophthalmologist, or is exempted from the examination requirement. The bill would make these provisions operative on September 1, 2014  . By requiring a school  nurse or other authorized person to test for binocular function   district to collect information and send notices related to the examination of a pupil by an optometrist or ophthalmologist  , 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 48216 of the   Education Code   is amended to read:  48216. (a) The county office of education or the governing board of the school district of attendance shall exclude  any   a  pupil who has not been immunized properly pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code. (b) The governing board of the  school  district shall notify the parent or guardian of the pupil that they have two weeks to supply evidence either that the pupil has been properly immunized, or that the pupil is exempted from the immunization requirement pursuant to Section 120365 or 120370 of the Health and Safety Code. (c) The governing board of the  school  district, in the notice, shall refer the parent or guardian of the pupil to the pupil' s usual source of medical care to obtain the immunization, or if no usual source exists, either refer the parent or guardian to the county health department, or notify the parent or guardian that the immunizations will be administered at a school of the  school  district.  (d) This section shall become inoperative on September 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 2.   Section 48216 is added to the     Education Code   , to read:   48216. (a) The county office of education or the governing board of the school district of attendance shall exclude a pupil who has not been immunized properly pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code or who has not been examined pursuant to Section 49455. (b) The governing board of the school district shall notify the parent or guardian of the pupil that they have two weeks to supply evidence of both of the following: (1) That the pupil has been properly immunized, or that the pupil is exempted from the immunization requirement pursuant to Section 120365 or 120370 of the Health and Safety Code. (2) That the pupil has been examined, or that the pupil is exempted from the examination requirement pursuant to Section 49455. (c) The governing board of the school district, in the notice, shall refer the parent or guardian of the pupil to the pupil's usual source of medical care to obtain the immunization, or if no usual source exists, either refer the parent or guardian to the county health department, or notify the parent or guardian that the immunizations will be administered at a school of the school district. (d) This section shall become operative on September 1, 2014.   SEC. 3.   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 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 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. 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 and color vision.  The provisisions 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) This section shall become inoperative on September 1, 2014, and, as of January 1, 2015, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2015, deletes or extends the dates on which it becomes inoperative and is repealed.   SEC. 4.   Section 49455 is added to the     Education Code  , to read:   49455. (a) Before first enrollment in a California school district of a pupil at a California elementary school, and at least every third year thereafter until the child has completed the eighth grade, the pupil's vision shall be examined by an optometrist or ophthalmologist. This examination shall include tests for visual acuity, binocular function, and color vision, and refraction and eye health evaluations; however, color vision shall be appraised once and only on male pupils, and the parent or guardian of the pupil shall provide results of the examination to the school district. The color vision examination shall be conducted before the male pupil has reached the first grade. The binocular function examination need not begin until the pupil has reached the third grade. (b) 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. (c) (1) If a pupil is ineligible for Medicaid, Children's Health Insurance Program coverage, or exchange subsidies under the federal Patient Protection and Affordable Care Act (Public Law 111-148), or any other health care service, the county office of education or the governing board of the school district of attendance shall refer the pupil to the county health department or other appropriate community resources able to perform a vision examination pursuant to subdivision (a). (2) If a pupil is unable to obtain a vision examination through the referral under paragraph (1), the school may waive the vision examination requirement of subdivision (a). (d) For purposes of this section, "binocular function examination" means, at a minimum, the evaluation of accommodative ability, sensory and motor fusion, and ocular motility. (e) This section shall become operative on September 1, 2014.   SECTION 1.   Section 49455 of the Education Code is amended to read: 49455. (a) Upon first enrollment in a California school district of a pupil at a California elementary school, and at least every third year thereafter until the pupil has completed the 8th grade, the pupil's vision shall be appraised by the school nurse or other authorized person under Section 49452. This appraisal shall include screening tests for visual acuity, binocular function, 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. Binocular function appraisal need not begin until the pupil has reached the third grade. Gross external observation of the pupil's eyes, visual performance, and perception shall be done by the school nurse and the classroom teacher. 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, binocular function, and color vision. (b) 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. (c) The binocular function appraisal required by subdivision (a) may include a validated symptom survey developed during a National Institute of Health's clinical trial and published for use in the public domain.   SEC. 2.   SEC. 5.  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.