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

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Date Published: 04/18/2017 09:00 PM
AB1110:v97#DOCUMENT

Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1110


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


AB 1110, as amended, Burke. Pupil health: eye and vision examinations.
Existing law requires a pupil’s vision to be appraised by a school nurse or other authorized person in the pupil’s kindergarten year or upon first enrollment in elementary school, and in grades 2, 5, and 8, unless the appraisal is waived by the pupil’s 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, during the kindergarten year or upon first enrollment or entry at an elementary school, including a charter school, a pupil’s eyes and vision to be examined by a physician, optometrist, or ophthalmologist in accordance with specified provisions, unless the pupil’s parent or guardian submits a written waiver to the school or charter school. The bill would require, in a pupil’s kindergarten year or upon first enrollment or entry in at an elementary school, school that is not a charter school, the pupil’s vision to be appraised in accordance with the above-specified provisions only if the pupil’s parent or guardian fails to provide the results of an the eye and vision examination conducted by a physician, optometrist, or ophthalmologist in accordance with specified provisions, unless the pupil’s parent or guardian submits a written waiver to the school. examination. The bill would require a school or charter school to notify parents and guardians of the examination requirement and waiver option. option, as specified. By imposing additional duties on schools, schools and charter schools, the bill would impose a state-mandated local program. The bill would prohibit a school or charter 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 eye and vision examination. The bill would require the department to adopt regulations, rather than guidelines, to implement these provisions.
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.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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, including a charter school, the pupil’s eyes and vision shall be examined by a physician, optometrist, or ophthalmologist, unless the pupil’s parent or guardian submits a written waiver to the school. 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. 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. 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.
(4) A 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 pursuant to paragraph (3).
(b) (1) In grades 2, 5, and 8, a pupil’s vision shall be appraised by the school nurse or other person authorized under Section 49452.
(2) The appraisal may be waived, if the pupil’s 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.
(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 under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse, or by a trained individual who meets requirements established by the department.
(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.
(e) This section shall not apply to a pupil whose parent or guardian 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.

(f)

(g) The department shall adopt regulations to implement this section, including regulations addressing training requirements and 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.