BILL NUMBER: AB 1840	CHAPTERED
	BILL TEXT

	CHAPTER  803
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2014
	PASSED THE SENATE  AUGUST 26, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	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, 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.


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.  (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) 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 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.
   (c) The appraisal may be waived, if the 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 pupil's vision, including visual acuity and
color vision.
   (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 a pupil whose parents or
guardian file 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.
   (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.