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SB-606 Pupil health.(2001-2002)

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SB606:v94#DOCUMENT

Amended  IN  Senate  April 17, 2001
Amended  IN  Senate  May 02, 2001
Amended  IN  Senate  May 24, 2001
Amended  IN  Assembly  June 25, 2001
Amended  IN  Assembly  July 17, 2001

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 606

Introduced  by  Senator Vasconcellos
 (Coauthor(s): Assembly Member Diaz, Maddox, Washington, Wright, Wyland)

February 22, 2001

An act to amend Section 49455 of the Education Code, relating to pupil health.


LEGISLATIVE COUNSEL'S DIGEST


SB 606, as amended, Vasconcellos. Pupil health.
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.
This bill would also require screening of the child’s eye tracking and fixation, focusing, and eye-teaming binocular function, ocular alignment, ocular motility, and near visual acuity, thereby imposing a state-mandated local program. The bill would require that if the screening reveals any abnormalities suggesting a vision-related problem, that the individual administering the test provide the child’s parent or guardian with a written statement that it may be advisable for the child to see a physician, surgeon, or optometrist. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The people of California recognize the significance of ensuring that each and every child be tested periodically for vision acuity.
(b) Children with treatable vision obstacles that go undiagnosed, whose parent or guardian may not be aware that there are alternative screening measures available to address their specific needs, can become inattentive, too often underachieve, and are often labeled as “at risk” children.
(c) There is growing evidence that too many children in our public education system, and more within our juvenile justice and correctional systems, who did poorly in school were affected by undiagnosed vision problems such as letter reversals, lack of eye-teaming, poor focusing, eye tracking, and visual perception difficulty that went undiagnosed based upon our current standards for vision testing.
(d) Vision consists of more than 20/20 eyesight and our standard for vision screening should maximize the potential for diagnosing treatable vision problems at a time critical to making a difference to the child’s educational development by addressing a child’s ability to understand and interpret visual information.

SEC. 2.

 Section 49455 of the Education Code is amended to read:

49455.
 (a) Upon first enrollment in a California school district of a child at a California elementary school, and at least every third year thereafter until the child has completed the eighth grade, the child’s vision shall be appraised by the school nurse or other authorized person under Section 49452. This evaluation shall include tests for visual acuity and color vision; however, color vision shall be appraised once and only on male children, 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 eyes, visual performance, and perception shall be done by the school nurse and the classroom teacher.
(b) In addition to the examination required pursuant to subdivision (a), a school nurse or other authorized person under Section 49452 shall screen all children for eye tracking and fixation, focusing, and eye-teaming binocular function, ocular alignment, ocular motility, and near visual acuity. Only individuals licensed to use optical devices, including, but not limited to, lenses, prisms, and filters, may use them in the administration of this screening.
(c) If the screening administered pursuant to subdivision (b) reveals any abnormalities that suggest that the child may have a vision-related problem, the individual administering the test shall provide the child’s parent or guardian with the screening results and a written statement that it may be advisable for the child to see a physician, surgeon, or optometrist for an appropriate evaluation and diagnosis.
(d) Prior to administering the screening pursuant to subdivision (b), any individual, excluding physicians, surgeons, and optometrists, shall complete a short training course, at least one hour in length, that has been approved by, or developed and approved by, the Superintendent of Public Instruction. The superintendent shall consult with any governmental agency or private professional association representing licensed eye care professionals in developing or approving the course.
(e) The evaluation and screening performed pursuant to this section may be waived, if the child’s parents so desire, by their presenting of a certificate from a physician and surgeon or an optometrist setting out the results of a determination of the child’s vision, including visual acuity and color vision.
(f) The provisions of this section shall not apply to any child whose parents or guardian file with the principal of the school in which the child 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.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.