SECTIONS 49450-49458 - California Statutes

EDUCATION CODE

SECTION 49450-49458

49450. The governing board of any school district shall make such
rules for the examination of the pupils in the public schools under
its jurisdiction as will insure proper care of the pupils and proper
secrecy in connection with any defect noted by the supervisor of
health or his assistant and may tend to the correction of the
physical defect.

49451. A parent or guardian having control or charge of any child
enrolled in the public schools may file annually with the principal
of the school in which he is enrolled a statement in writing, signed
by the parent or guardian, stating that he will not consent to a
physical examination of his child. Thereupon the child shall be
exempt from any physical examination, but whenever there is a good
reason to believe that the child is suffering from a recognized
contagious or infectious disease, he shall be sent home and shall not
be permitted to return until the school authorities are satisfied
that any contagious or infectious disease does not exist.

49452. The governing board of any school district shall, subject to
Section 49451, provide for the testing of the sight and hearing of
each pupil enrolled in the schools 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 any school
district upon terms as may be mutually agreeable.

49452.5. The governing board of any school district shall, subject
to Section 49451 and in addition to the physical examinations
required pursuant to Sections 100275, 124035, and 124090 of the
Health and Safety Code, provide for the screening of every female
pupil in grade 7 and every male pupil in grade 8 for the condition
known as scoliosis. The screening shall be in accord with standards
established by the State Department of Education. The screening shall
be supervised only by qualified supervisors of health as specified
in Sections 44871 to 44878, inclusive, and Section 49422, or by
school nurses employed by the district or the county superintendent
of schools, or pursuant to contract with an agency authorized to
perform these services by the county superintendent of schools of the
county in which the district is located pursuant to Sections 1750 to
1754, inclusive, and Section 49402 of this code, Section 101425 of
the Health and Safety Code, and guidelines established by the State
Board of Education. The screening shall be given only by individuals
who supervise, or who are eligible to supervise, the screening, or
licensed chiropractors, or by certificated employees of the district
or of the county superintendent of schools who have received
in-service training, pursuant to rules and regulations adopted by the
State Board of Education, to qualify them to perform these
screenings. It is the intent of the Legislature that these screenings
be performed, at no additional cost to the state, the school
district, or the parent or guardian, during the regular schoolday and
that any staff time devoted to these activities be redirected from
other ongoing activities not related to the pupil's health care.
In-service training may be conducted by orthopedic surgeons,
physicians, registered nurses, physical therapists, and
chiropractors, who have received specialized training in scoliosis
detection.
Pupils suspected of having scoliosis during the initial screening
shall be rescreened by an orthopedic surgeon when there will be no
cost to the state, the school district, or the parent or guardian.
No person screening pupils for scoliosis pursuant to this section
shall solicit, encourage, or advise treatment or consultation by that
person, or any entity in which that person has a financial interest,
for scoliosis or any other condition discovered in the course of the
screening.
The governing board of any school district shall provide for the
notification of the parent or guardian of any pupil suspected of
having scoliosis. The notification shall include an explanation of
scoliosis, the significance of treating it at an early age, and the
public services available, after diagnosis, for treatment. Referral
of the pupil and the pupil's parent or guardian to appropriate
community resources shall be made pursuant to Sections 49426 and
49456.
No action of any kind in any court of competent jurisdiction shall
lie against any individual, authorized by this section to supervise
or give a screening, by virtue of this section.
In enacting amendments to this section, it is the intent of the
Legislature that no participating healing arts licentiate use the
screening program for the generation of referrals or for his or her
financial benefit. The Legislature does not intend to deny or limit
the freedom of choice in the selection of an appropriate health care
provider for treatment or consultation.

49452.7. (a) On and after July 1, 2010, the school district shall
provide an information sheet regarding type 2 diabetes to the parent
or guardian of incoming 7th grade pupils. The information sheet may
be provided to the parent or guardian of incoming 7th graders with
the information provided pursuant to Section 48980. The information
sheet shall include, but shall not be limited to, all of the
following:
(1) A description of type 2 diabetes.
(2) A description of the risk factors and warning signs associated
with type 2 diabetes.
(3) A recommendation that pupils displaying or possibly suffering
from risk factors or warning signs associated with type 2 diabetes
should be screened for type 2 diabetes.
(4) A description of treatments and prevention methods of type 2
diabetes.
(5) A description of the different types of diabetes screening
tests available.
(b) The information sheet shall be developed by the State
Department of Education in coordination with any other entity the
department deems appropriate. The information sheet shall be made
available to each school district through the State Department of
Education's Web site and any other Web site the department deems
appropriate, as well as by providing written copies of the
information sheet to the school district upon written request to the
department.
(c) It is the intent of the Legislature that school districts, to
the extent that resources or funds, or both, are available, provide
information to parents regarding locations at which parents may
receive diabetes screening and education services at free or reduced
costs from public or private sources.

49452.8. (a) A pupil, while enrolled in kindergarten in a public
school, or while enrolled in first grade in a public school if the
pupil was not previously enrolled in kindergarten in a public school,
no later than May 31 of the school year, shall present proof of
having received an oral health assessment by a licensed dentist, or
other licensed or registered dental health professional operating
within his or her scope of practice, that was performed no earlier
than 12 months prior to the date of the initial enrollment of the
pupil.
(b) The parent or legal guardian of a pupil may be excused from
complying with subdivision (a) by indicating on the form described in
subdivision (d) that the oral health assessment could not be
completed because of one or more of the reasons provided in
subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision
(d).
(c) A public school shall notify the parent or legal guardian of a
pupil described in subdivision (a) concerning the assessment
requirement. The notification, at a minimum, shall consist of a
letter that includes all of the following:
(1) An explanation of the administrative requirements of this
section.
(2) Information on the importance of primary teeth.
(3) Information on the importance of oral health to overall health
and to learning.
(4) A toll-free telephone number to request an application for
Healthy Families, Medi-Cal, or other government-subsidized health
insurance programs.
(5) Contact information for county public health departments.
(6) A statement of privacy applicable under state and federal laws
and regulations.
(d) In order to ensure uniform data collection, the department, in
consultation with interested persons, shall develop and make
available on the Internet Web site of the department, a standardized
notification form as specified in subdivision (c) that shall be used
by each school district. The standardized form shall include all of
the following:
(1) A section that can be used by the licensed dentist or other
licensed or registered dental health professional performing the
assessment to record information that is consistent with the
information collected on the oral health assessment form developed by
the Association of State and Territorial Dental Directors.
(2) A section in which the parent or legal guardian of a pupil can
indicate the reason why an assessment could not be completed by
marking the box next to the appropriate reason. The reasons for not
completing an assessment shall include all of the following:
(A) Completion of an assessment poses an undue financial burden on
the parent or legal guardian.
(B) Lack of access by the parent or legal guardian to a licensed
dentist or other licensed or registered dental health professional.
(C) The parent or legal guardian does not consent to an
assessment.
(e) Upon receiving completed assessments, all school districts, by
December 31 of each year, shall submit a report to the county office
of education of the county in which the school district is located.
The report shall include all of the following:
(1) The total number of pupils in the district, by school, who are
subject to the requirement to present proof of having received an
oral health assessment pursuant to subdivision (a).
(2) The total number of pupils described in paragraph (1) who
present proof of an assessment.
(3) The total number of pupils described in paragraph (1) who
could not complete an assessment due to financial burden.
(4) The total number of pupils described in paragraph (1) who
could not complete an assessment due to lack of access to a licensed
dentist or other licensed or registered dental health professional.
(5) The total number of pupils described in paragraph (1) who
could not complete an assessment because their parents or legal
guardians did not consent to their child receiving the assessment.
(6) The total number of pupils described in paragraph (1) who are
assessed and found to have untreated decay.
(7) The total number of pupils described in paragraph (1) who did
not return either the assessment form or the waiver request to the
school.
(f) Each county office of education shall maintain the data
described in subdivision (e) in a manner that allows the county
office to release it upon request.
(g) This section does not prohibit any of the following:
(1) County offices of education from sharing aggregate data
collected pursuant to this section with other governmental agencies,
philanthropic organizations, or other nonprofit organizations for the
purpose of data analysis.
(2) Use of assessment data that is compliant with the federal
Health Insurance Portability and Accountability Act of 1996 (P.L.
104-191) for purposes of conducting research and analysis on the oral
health status of public school pupils in California.
(h) This section does not preclude a school district or county
office of education from developing a schoolsite-based oral health
assessment program to meet the requirements of this section.
(i) The Office of Oral Health of the Chronic Disease Control
Branch of the State Department of Public Health shall conduct an
evaluation of the requirements imposed by this section and prepare
and submit a report to the Legislature by January 1, 2010, that
discusses improvements in the oral health of children resulting from
the imposition of those requirements. The Office of Oral Health may
receive private funds and contract with the University of California
to fulfill the duties described in this subdivision.
(j) Funds appropriated in the annual Budget Act for the activities
required by this section shall first be used to offset reimbursement
provided to local educational agencies pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for state-mandated costs imposed by this section.

49454. A person employed by a school district in a position
requiring certification qualifications who holds a valid special
credential authorizing the teaching of lipreading or the teaching of
the deaf and hard of hearing or a standard teaching credential with
specialized preparation in the area of the deaf and hard of hearing
or in the area of the speech and hearing handicapped or who holds a
certificate of registration to serve as a school audiometrist issued
by the State Department of Health Services may, subject to Section
49451, test the hearing of pupils of the district through the use of
an audiometer for the purpose of detecting pupils with impaired
hearing.

49455. 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 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 evaluation 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.
The provisions of this section shall not apply to any 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.

49456. (a) When a defect other than a visual defect has been noted
by the supervisor of health or his assistant, a report shall be made
to the parent or guardian of the child, asking the parent or guardian
to take such action as will cure or correct the defect. Such report,
if made in writing, shall not include any recommendation suggesting
or directing the pupil to a designated individual for the purpose of
curing or correcting any defect referred to in the report.
(b) When a visual defect has been noted by the supervisor of
health or his assistant, a report shall be made to the parent or
guardian of the child, asking the parent or guardian to take such
action as will correct the defect. Such report, if made in writing,
must be made on a form prescribed or approved by the Superintendent
of Public Instruction and shall not include therein any
recommendation suggesting or directing the pupil to a designated
individual or class of practitioner for the purpose of correcting any
defect referred to in the report.
(c) The provisions of this section do not prevent a supervisor of
health from recommending in a written report that the child be taken
to a public clinic or diagnostic and treatment center operated by a
public hospital or by the state, county, or city department of public
health.

49457. The supervisor of health shall make such reports from time
to time as he deems best to the governing board of the school
district, or as the board may call for, showing the number of
defective children in the schools of the district and the effort made
to correct the defects.

49458. When a school district or a county superintendent of schools
requires a physical examination as a condition of participation in
an interscholastic athletic program, the physical examination may be
performed by a physician and surgeon or physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code.