Today's Law As Amended


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SB-606 Pupil health.(2001-2002)



As Amends the Law Today


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) (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 vision shall be appraised by the school nurse or other authorized person 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 pupil’s first enrollment or entry.
(b) (a)  The vision appraisal shall  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 near vision, far vision,  visual acuity  and color vision; however, color vision shall be appraised once and only on male pupils, 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 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.
(c) (e)  The appraisal  evaluation and screening performed pursuant to this section  may be waived, if the pupil’s child’s  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,  surgeon  or an optometrist setting out the results of a determination of the pupil’s child’s  vision, including visual acuity and color vision.
(d) 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 a trained individual who meets requirements established by the department.
(e) 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) This  The provisions of this  section shall not apply to a pupil any child  whose parents or guardian file with the principal of the school in which the pupil 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.
(g) The department shall adopt guidelines to implement this section, including training requirements and a method of testing for near vision.
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.