BILL NUMBER: AB 1840 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Campos
FEBRUARY 18, 2014
An act to amend Section 49455 of the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1840, as amended, Campos. Pupil health: vision appraisal.
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 authorize a child's vision to be appraised by
using an eye chart or any scientifically validated photoscreening
test. The bill would require photoscreening tests to 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 State Department of Education.
This bill would incorporate changes to Section 49455 of the
Education Code proposed by SB 1172, to become operative if SB 1172
and this bill are chaptered and become effective on or before January
1, 2015, and this bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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) 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 appraisal 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. The appraisal may be waived, if the 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, or an optometrist setting out the
results of a determination of the child's vision, including visual
acuity and color vision.
(b) A child's vision may be appraised by using an eye chart or any
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.
(c) This section shall not apply to a 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. 1.5. Section 49455 of the
Education Code is amended to read:
49455. Upon (a) (1)
During the kindergarten year or upon
first enrollment or entry in a California school district
of a child at a California pupil at an
elementary school, and at least every third year thereafter
until the child has completed the eighth grade, the child's
in grades 2, 5, and 8, the pupil's vision shall be
appraised by the school nurse or other authorized person under
Section 49452. This evaluation
(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) The appraisal shall include
tests for visual acuity , including near vision,
and color vision; however, color vision shall be appraised once
and only on male children, 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. Gross external
observation of the child's eyes, visual performance, and perception
shall be done by the school nurse and the classroom teacher. The
evaluation
(c) The appraisal may be waived,
if the child's pupil'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, or an optometrist setting out the results of a
determination of the child's pupil's
vision, including visual acuity and color vision.
The provisions of this
(d) A pupil's vision may be appraised by using an eye chart or any
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 section shall not apply
to any child a pupil whose parents or
guardian file with the principal of the school in which the
child 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.
(g) The department shall adopt guidelines to implement this
section, including training requirements and a method of testing for
near vision.
SEC. 2. Section 1.5 of this bill incorporates
amendments to Section 49455 of the Education Code proposed by both
this bill and Senate Bill 1172. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 49455 of the Education Code, and
(3) this bill is enacted after Senate Bill 1172, in which case
Section 1 of this bill shall not become operative.