BILL NUMBER: AB 1840	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 18, 2014

   An act to amend Section  49452   49455 
of the Education Code, relating to pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1840, as amended, Campos. Pupil health:  sight and
hearing tests.   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 also require a child's vision to be appraised upon
first enrollment in a state or federally funded child care and
development program, and at least every 3rd year thereafter until the
child has completed the 8th grade, as specified. The bill would
authorize a child's vision to be appraised by using an eye chart or
any other scientifically valid technology.  
   Existing law requires the governing board of any school district
to provide for the adequate testing of sight and hearing of each
pupil enrolled in the schools of the district to be given only by
specified persons.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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  or a state or federally funded child care and development
program, as defined by Section 8208  , 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
  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  , or the caregiver, as applicable  . The 
evaluation   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
other scientifically valid technology. For purposes of this
subdivision, a scientifically valid technology is a technology that
has been published in a peer reviewed journal.  
   The provisions of this 
    (c)     This  section shall not apply
to  any   a  child whose parents or
guardian file with the principal of the school  or the caregiver
of the child care and development program, as applicable,  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. 
  SECTION 1.    Section 49452 of the Education Code
is amended to read:
   49452.  The governing board of a school district shall, subject to
Section 49451, provide for the testing of the sight and hearing of
each pupil enrolled in a school of the district. The test shall be
adequate in nature and shall be given only by duly qualified
supervisors of health employed by the district; or by certificated
employees of the district or of the county superintendent of schools
who possess the qualifications prescribed by the Commission for
Teacher Preparation and Licensing; or by contract with an agency duly
authorized to perform those services by the county superintendent of
schools of the county in which the district is located, under
guidelines established by the State Board of Education; or accredited
schools or colleges of optometry, osteopathic medicine, or medicine.
The records of the tests shall serve as evidence of the need of the
pupils for the educational facilities provided physically handicapped
individuals. The equipment necessary to conduct the tests may be
purchased or rented by governing boards of school districts. The
state, any agency, or political subdivision thereof may sell or rent
any such equipment owned by it to the governing board of a school
district upon terms as may be mutually agreeable.