California 2017 2017-2018 Regular Session

California Assembly Bill AB2904 Amended / Bill

Filed 07/05/2018

                    Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 13, 2018 Amended IN  Assembly  March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 49452 of, and to add Section 49455.5 to, to the Education Code, relating to pupil health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Carrillo. Pupil health: mobile vision care services: schoolsites.Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require vision screenings provided pursuant to the bills provisions to be supplemental to, and to not replace, the above-referenced vision appraisals or screenings provided pursuant to existing law. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 49452 of the Education Code is amended to read:49452.The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable.SEC. 2.SECTION 1. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).

 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 13, 2018 Amended IN  Assembly  March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 49452 of, and to add Section 49455.5 to, to the Education Code, relating to pupil health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Carrillo. Pupil health: mobile vision care services: schoolsites.Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require vision screenings provided pursuant to the bills provisions to be supplemental to, and to not replace, the above-referenced vision appraisals or screenings provided pursuant to existing law. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 13, 2018 Amended IN  Assembly  March 23, 2018

Amended IN  Senate  July 05, 2018
Amended IN  Senate  June 13, 2018
Amended IN  Assembly  March 23, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2904

Introduced by Assembly Member CarrilloFebruary 16, 2018

Introduced by Assembly Member Carrillo
February 16, 2018

 An act to amend Section 49452 of, and to add Section 49455.5 to, to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2904, as amended, Carrillo. Pupil health: mobile vision care services: schoolsites.

Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons. Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require vision screenings provided pursuant to the bills provisions to be supplemental to, and to not replace, the above-referenced vision appraisals or screenings provided pursuant to existing law. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.

Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons.

 Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified.

This bill would authorize a public school to enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide noninvasive vision care services consisting of providing vision examinations and eyeglasses to pupils at the schoolsite of the public school. The bill would require vision screenings provided pursuant to the bills provisions to be supplemental to, and to not replace, the above-referenced vision appraisals or screenings provided pursuant to existing law. The bill would require a public school to provide parents and guardians with an opportunity to opt out of his or her child receiving these vision care services, as provided.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.Section 49452 of the Education Code is amended to read:49452.The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable.SEC. 2.SECTION 1. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:





The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. The test shall be adequate in nature and shall be given only by duly qualified supervisors of health employed by the school district; by certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing; by contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board; by accredited schools or colleges of optometry, osteopathic medicine, or medicine; or, for testing of sight only, by a nonprofit mobile vision care services provider pursuant to Section 49455.5. The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable.



SEC. 2.SECTION 1. Section 49455.5 is added to the Education Code, to read:49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).

SEC. 2.SECTION 1. Section 49455.5 is added to the Education Code, to read:

### SEC. 2.SECTION 1.

49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).

49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).

49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).



49455.5. (a) A public school maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit mobile vision care services provider to provide vision care services to pupils at the schoolsite of the public school. Vision screenings provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be provided exclusively for the purpose of identifying pupils in need of vision examinations and eyeglasses. Vision care services shall be noninvasive, and shall consist only of providing vision examinations and eyeglasses.

(b) Before vision care services are provided at the schoolsite of a public school pursuant to subdivision (a), the public school shall have a memorandum of understanding in place with a nonprofit mobile vision care services provider and the public school shall notify parents and guardians, in accordance with Section 48985, of the upcoming provision of vision care services at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that he or she does not consent to vision care services being provided, pursuant to subdivision (a), to his or her child. The parent or guardian may opt out of his or her child receiving vision care services, pursuant to subdivision (a), by submitting the completed form to the public school before vision care services are provided at the schoolsite. A parent or guardian who has already submitted a written statement in accordance with Section 49451 is deemed to have opted out of his or her child receiving vision care services pursuant to subdivision (a).