CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1110Introduced by Assembly Member Burke(Coauthor: Assembly Member Low)(Coauthors: Senators Nguyen and Vidak)February 17, 2017 An act to amend Section 49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 1110, as introduced, Burke. Pupil health: vision examinations.Existing law requires a pupils vision to be appraised by a school nurse or other authorized person in the pupils kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8, unless the appraisal is waived by the pupils parents upon presentation of a certificate from a physician and surgeon, a physician assistant, or an optometrist. Existing law requires the State Department of Education to adopt guidelines to implement those provisions.This bill would require a pupils vision to be appraised in accordance with the above-specified provisions only if the pupils parent or guardian fails to provide the results of a vision examination conducted by a physician, optometrist, or ophthalmologist in accordance with specified provisions. The bill would prohibit a school from denying admission to, or taking adverse action against, a pupil if his or her parent or guardian fails to provide the results of the vision examination. The bill would require the department to adopt regulations, rather than guidelines, to implement these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1110Introduced by Assembly Member Burke(Coauthor: Assembly Member Low)(Coauthors: Senators Nguyen and Vidak)February 17, 2017 An act to amend Section 49455 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTAB 1110, as introduced, Burke. Pupil health: vision examinations.Existing law requires a pupils vision to be appraised by a school nurse or other authorized person in the pupils kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8, unless the appraisal is waived by the pupils parents upon presentation of a certificate from a physician and surgeon, a physician assistant, or an optometrist. Existing law requires the State Department of Education to adopt guidelines to implement those provisions.This bill would require a pupils vision to be appraised in accordance with the above-specified provisions only if the pupils parent or guardian fails to provide the results of a vision examination conducted by a physician, optometrist, or ophthalmologist in accordance with specified provisions. The bill would prohibit a school from denying admission to, or taking adverse action against, a pupil if his or her parent or guardian fails to provide the results of the vision examination. The bill would require the department to adopt regulations, rather than guidelines, to implement these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1110
Introduced by Assembly Member Burke(Coauthor: Assembly Member Low)(Coauthors: Senators Nguyen and Vidak)February 17, 2017
Introduced by Assembly Member Burke(Coauthor: Assembly Member Low)(Coauthors: Senators Nguyen and Vidak)
February 17, 2017
An act to amend Section 49455 of the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1110, as introduced, Burke. Pupil health: vision examinations.
Existing law requires a pupils vision to be appraised by a school nurse or other authorized person in the pupils kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8, unless the appraisal is waived by the pupils parents upon presentation of a certificate from a physician and surgeon, a physician assistant, or an optometrist. Existing law requires the State Department of Education to adopt guidelines to implement those provisions.This bill would require a pupils vision to be appraised in accordance with the above-specified provisions only if the pupils parent or guardian fails to provide the results of a vision examination conducted by a physician, optometrist, or ophthalmologist in accordance with specified provisions. The bill would prohibit a school from denying admission to, or taking adverse action against, a pupil if his or her parent or guardian fails to provide the results of the vision examination. The bill would require the department to adopt regulations, rather than guidelines, to implement these provisions.
Existing law requires a pupils vision to be appraised by a school nurse or other authorized person in the pupils kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8, unless the appraisal is waived by the pupils parents upon presentation of a certificate from a physician and surgeon, a physician assistant, or an optometrist. Existing law requires the State Department of Education to adopt guidelines to implement those provisions.
This bill would require a pupils vision to be appraised in accordance with the above-specified provisions only if the pupils parent or guardian fails to provide the results of a vision examination conducted by a physician, optometrist, or ophthalmologist in accordance with specified provisions. The bill would prohibit a school from denying admission to, or taking adverse action against, a pupil if his or her parent or guardian fails to provide the results of the vision examination. The bill would require the department to adopt regulations, rather than guidelines, to implement these provisions.
## Digest Key
## Bill Text
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 or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
The people of the State of California do enact as follows:
## 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 or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
SECTION 1. Section 49455 of the Education Code is amended to read:
### SECTION 1.
49455. (a) (1) During the kindergarten 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 at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
49455. (a) (1) During the kindergarten 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 at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
49455. (a) (1) During the kindergarten 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 at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.(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 pupils first enrollment or entry.(b)(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1. (c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision. (d)(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department. (e)(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.(f)(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.(g)(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.
49455. (a) (1) During the kindergarten 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 at least every second year thereafter until the pupil has completed grade 8, the pupils vision shall be appraised examined by a physician, optometrist, or ophthalmologist. This examination shall include tests for distance and near visual acuity, eye tracking, binocular vision skills, including both eye teaming and convergence, accommodation, color vision, depth perception, intraocular pressure, pupil evaluation, objective and subjective refraction, and eye health evaluations. The parent or guardian of the school nurse or other authorized person under Section 49452. pupil shall provide results of the vision examination to the school.
(b) A school shall not deny admission to a pupil or take any other adverse action against a pupil if his or her parent or guardian fails to provide the results of the vision examination to the school.
(c) (1) If the results of the vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, and in grades 2, 5, and 8, the pupils vision shall be appraised by the school nurse or other person authorized under Section 49452.
(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 pupils first enrollment or entry.
(b)
(3) The appraisal shall include tests for visual acuity, including near vision, vision and color vision; however, 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. grade 1.
(c)The appraisal may be waived, if the pupils 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 pupils vision, including visual acuity and color vision.
(d)
(4) A pupils vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, performed under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse nurse, or by a trained individual who meets requirements established by the department.
(e)
(d) Continual and regular observation of the pupils eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher.
(f)
(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.
(g)
(f) The department shall adopt guidelines regulations to implement this section, including training requirements requirements, and a method of testing for near vision. shall provide participation data.