Today's Law As Amended

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AB-1110 Pupil health: eye and vision examinations.(2017-2018)



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 8, the pupil’s  including a charter school, the pupil’s eyes and  vision shall be appraised by the school nurse or other authorized person under Section 49452. examined by a physician, optometrist, or ophthalmologist, unless the pupil’s parent or guardian submits a written waiver to the school or charter school. This examination shall include tests for monocular distance and binocular near visual acuity, binocular vision skills, including eye teaming and convergence, accommodation, and depth perception, color vision, pupil evaluation, measurement of refractive error, and eye health evaluations. The parent or guardian of the pupil shall provide results of the eye and vision examination to the school or charter school. 
(2) A school or charter 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 eye and vision examination to the school or charter school.
(3) If the results of the eye and vision examination are not provided to the school, then during the kindergarten year or upon first enrollment or entry, the pupil’s vision shall be appraised by the school nurse or other person authorized under Section 49452. This paragraph shall not apply to a pupil enrolled in a charter school.
(2) (4)  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 pupil’s  school or charter school shall notify parents and guardians of the examination requirement and waiver option described in this subdivision. A school or charter school shall include plain language in the notification stating that the eye and vision examination described in paragraph (1) is purely voluntary. A school that is not a charter school shall also include plain language in the notification stating that if the parent or guardian chooses to not have his or her child’s vision examined by a physician, optometrist, or ophthalmologist in accordance with paragraph (1), the pupil’s vision will be screened by the school nurse or other authorized person during the pupil’s kindergarten year or upon  first enrollment or entry. entry pursuant to paragraph (3). 
(b) The (1)   appraisal shall include tests for visual acuity, including near vision, and color vision; however, color  In grades 2, 5, and 8, a pupil’s  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. by the school nurse or other person authorized under Section 49452. 
(c) (2)  The appraisal may be waived, if the pupil’s parents so desire, by their presenting of  parent or guardian so desires, by presenting  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.  
(3) 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 pupil’s first enrollment or entry.
(c) (1) An appraisal performed pursuant to paragraph (3) of subdivision (a) or paragraph (1) of subdivision (b) shall include tests for visual acuity, including near vision 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 grade 1.
(d) (2)  A pupil’s 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 pupil’s 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 parent  or guardian file files  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.
(f) Subdivisions (b) to (e), inclusive, shall not apply to a charter school.
(g) The department shall adopt guidelines regulations  to implement this section, including regulations addressing  training requirements and a method of testing for near vision. the notification requirement described in paragraph (4) of subdivision (a). 
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.