2005 California Education Code Sections 49450-49457 Article 4. Physical Examinations

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.
49452.6.  (a) A three-year pilot program is hereby established,
whereby any school district may participate in the program if the
cost of the school district's participation is covered with local
funding.  Participating school districts shall, in conjunction with
the scoliosis screening performed pursuant to Section 49452.5, and
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 risk
of developing type 2 diabetes mellitus.  The screening shall be in
accord with standards and procedures developed by the State
Department of Education in consultation with the State Department of
Health Services' Diabetes Control Program, and adopted as regulations
by the State Board of Education.  The screening shall be performed
and supervised only by qualified supervisors of health as specified
in Sections 44871 to 44878, inclusive, and Sections 49422 and
49452.5, 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, Section 101425 of the Health and Safety
Code, and guidelines established by the State Board of Education.
The screening shall be performed only by individuals who supervise,
or who are eligible to supervise, the scoliosis screening and have
been trained to conduct type 2 diabetes mellitus screening.
   (b) The screening process shall be noninvasive and shall include,
but shall not be limited to, the following:
   (1) Measuring the height and weight of the pupil to calculate the
pupil's body mass index.
   (2) Examining the pupil's neck for acanthosis nigricans, a dark
pigmentation that may indicate a high insulin level.
   (3) Documenting the pupil's ethnicity, based on existing school
records.  Ethnicities that have the highest risk of developing type 2
diabetes mellitus include Latino, African-American, Asian, American
Indian, and Pacific Islander.
   (4) Considering whether the pupil's existing health records
indicate a family history of type 2 diabetes mellitus.
   (c) In-service training shall be provided to any person who will
be screening pupils for type 2 diabetes mellitus pursuant to this
section, unless the person has a health care license that already
qualifies him or her to perform that type of screening, and shall be
conducted by appropriately licensed health care providers acting
within the scope of their practice who have received specialized
training in screening for the risk of developing type 2 diabetes
mellitus.
   (d) No person screening pupils for the risk of type 2 diabetes
mellitus 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 the risk of type 2 diabetes
mellitus or any other condition discovered in the course of the
screening.
   (e) The State Department of Education, in consultation with the
State Department of Health Services' Diabetes Control Program, shall
select and review all educational and notification materials to be
sent to the parent or guardian of any pupil suspected of being at
risk for developing type 2 diabetes mellitus.  Each participating
school district shall provide for the notification of the parent or
guardian of any pupil suspected of being at elevated risk of
developing type 2 diabetes mellitus, and the notification shall be
provided by mail.  The notification shall be culturally and
linguistically appropriate, and shall include an explanation of the
meaning of being at elevated risk of developing type 2 diabetes
mellitus, the significance of exercise and weight control in
preventing the development of it, information on aspects of the
school environment that may contribute to obesity or type 2 diabetes
mellitus, information on Medi-Cal, the Healthy Families Program, the
Child Health and Disability Prevention Program, and other public
services available for helping with prevention, and referrals for the
pupil and the pupil's parent or guardian to appropriate community
resources, which shall be provided pursuant to Sections 49426 and
49456.  The State Department of Health Services' Diabetes Control
Program may identify for the State Department of Education
information which may be distributed to parents on where health
assessments and health care, including free and low-cost, may be
obtained in communities across the state.
   (f) A pupil shall be considered at elevated risk of developing
type 2 diabetes mellitus if the pupil's body mass index is above 85
percent and the screening process conducted pursuant to subdivision
(b) indicates that the pupil also meets one of the risk factors
described in paragraphs (2) to (4), inclusive, of that subdivision.
   (g) No action of any kind in any court of competent jurisdiction
may be filed against any individual authorized by this section to
supervise or give a screening, by virtue of this section.
   (h) 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.
   (i) Each school district that participates in the pilot program
conducted pursuant to this section shall maintain data on the numbers
of pupils screened and found to be at risk of type 2 diabetes
mellitus.  To the extent possible, the school shall subsequently
communicate with the parent or guardian of a pupil found to be at
elevated risk of type 2 diabetes mellitus in order to determine the
interventions, if any, that the parent or guardian has provided for
the pupil.  The school district shall maintain this information for
the purpose of evaluation and reporting to the Legislature. Each
school district that participates in the pilot program shall report
to the State Department of Education by no later than June 30, 2006,
regarding all of the following:
   (1) Its findings concerning the extent to which the pupil
population served by that school district is at risk of developing
type 2 diabetes mellitus.
   (2) How the data reported in paragraph (1) compare to previous
assumptions about the extent to which the pupil population served by
that school district is at risk of developing type 2 diabetes
mellitus.
   (3) Data on whether parents or guardians of pupils suspected of
being at risk for developing type 2 diabetes mellitus sought any
intervention as a result of the notification specified in subdivision
(e).
   (j) Nothing in this section applies to, or in any way precludes,
the screening of pupils for type 2 diabetes mellitus by any
nonparticipating school district.
   (k) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
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 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.