California Senate Bill SB430 Amended / Bill

 BILL NUMBER: SB 430AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 5, 2013 AMENDED IN ASSEMBLY JUNE 27, 2013 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, repeal, and add Section 49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 430, as amended, Wright. Pupil health: vision 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. This bill would instead, before first enrollment of a pupil at a California private or public elementary school, including a charter 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   a   physician, optometrist,  or ophthalmologist,  consistent with the most current standard, policy, or guideline adopted by certain entities,  except as specified, and require the examination to also include a test for binocular function and refraction and eye health evaluations. The bill would provide that the binocular function examination need not begin until the pupil has reached the 3rd grade and would require the parent or guardian of the pupil to provide results of the examination to the school. The bill would prohibit a school from denying admission to a  child   pupil  or taking any other adverse action against a  child   pupil  because of  a   his or her  parent's or guardian's failure to obtain a vision examination for the  child.   pupil. The bill would, if the results of the vision examination are not provided to the school, require the pupil's vision to be appraised at certain times by the school nurse or other authorized person, as specified, require the appraisal to include tests for visual acuity and color vision, and provide that a school district is not prohibited from requiring or authorizing a school nurse or other authorized person, as specified, to evaluate a pupil's vision for visual acuity, color vision, or binocular function.  The bill would make these provisions operative on July 1, 2014. Vote: majority. Appropriation: no. Fiscal committee: no. 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 pupil at a California elementary school, and at least every third year thereafter until the pupil has completed the eighth grade, the pupil's vision shall be appraised by the school nurse or other authorized person under Section 49452. This appraisal shall include tests for visual acuity 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. 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 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) This section shall become inoperative on July 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 49455 is added to the Education Code, to read: 49455. (a) Before first enrollment of a pupil at a California private or public elementary school, including a charter school, and at least every third year thereafter until the  child   pupil  has completed the eighth grade, the pupil' s vision shall be examined by  an optometrist   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 Opthalmology, or the American Optometric Association.  This examination shall include tests for visual acuity, binocular function, and color vision, and refraction and eye health evaluations; however, color vision shall be examined once and only on male pupils, and the parent or guardian of the pupil shall provide results of the examination to the school. The color vision examination need not begin until 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 private or public school 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) A school shall not deny admission to a  child   pupil  or take any other adverse action against a  child   pupil  because of  a   his or her  parent's or guardian's failure to obtain the examination pursuant to subdivision (a).  (d) If the results of the examination conducted pursuant to subdivision (a) are not provided to the school, then, 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 eighth grade, the pupil's vision shall be appraised by the school nurse or other authorized person under Section 49452. This appraisal shall include tests for visual acuity 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. Gross external observation of the pupil's eyes, visual performance, and perception shall be done by the school nurse and classroom teacher. A school district is not prohibited from requiring or authorizing a school nurse or other authorized person under Section 49452 to evaluate a pupil's vision for visual acuity, color vision, or binocular function.   (d)   (e)  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)   (f)  This section shall become operative on July 1, 2014.