PRINTER'S NO. 534
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
562
Session of
2023
INTRODUCED BY ZIMMERMAN, JAMES, HAMM, BARTON, MADDEN,
M. MACKENZIE, KAUFFMAN, CIRESI, CONKLIN, PASHINSKI, SMITH AND
OTTEN, MARCH 20, 2023
REFERRED TO COMMITTEE ON EDUCATION, MARCH 20, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, further
providing for health services and for vision screening and
examinations, providing for eye health examinations and
further providing for examinations by examiners of own
choice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1402(a) and 1403.1(a), (b)(1) and (2)
and (d) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, are amended to read:
Section 1402. Health Services.--(a) Each child of school
age shall be given by methods established by the Advisory Health
Board, (1) a hearing test by a school nurse or medical
technician, (1.1) a vision screening by school health personnel
or a screener or an eye health examination by an ophthalmologist
or optometrist, and (2) a measurement of height and weight by a
school nurse or teacher, who shall use the measurement to
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compute a child's weight-for-height ratio[, (3) tests for
tuberculosis under medical supervision, and (4) such other tests
as the Advisory Health Board may deem advisable to protect the
health of the child]. A vision screening or an eye health
examination shall be performed on an annual basis.
* * *
Section 1403.1. Vision Screening and Examinations.--(a) (1)
Prior to admission to school for the first time, a parent or
legal guardian shall present to the school entity or nonpublic
school certification from [a primary care provider or vision
screener] an ophthalmologist or optometrist that the child has
passed or failed [a vision screening performed by a primary care
provider or a vision screening conducted by screeners with
specific training in vision screening techniques and protocols
approved by the Department of Health or has completed] a
comprehensive eye health exam conducted by an ophthalmologist or
optometrist within the previous twelve months.
(2) The Advisory Health Board shall promulgate regulations
to establish vision screening standards based on instrument-
based vision screening technologies or visual acuity testing,
taking into consideration national guidelines from the American
Academy of Pediatrics, American Optometric Association and
American Association for Pediatric Ophthalmology and Strabismus.
(b) (1) [Every] Except as provided under section 1403.2,
every school year at a school entity [or nonpublic school],
until a child completes the fifth grade and at least every two
years thereafter until the child graduates from the twelfth
grade, the child shall have a vision screening performed by
school health personnel or screeners with specific training in
vision screening techniques and protocols approved by the
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Advisory Health Board. The results of the vision screening shall
be supplied to the parent or legal guardian of the child.
(2) For a child who fails a required vision screening, a
comprehensive eye health examination, performed by an
ophthalmologist or optometrist, shall also be required.
Notification of the parent or legal guardian of the failed
screening shall be accompanied by notification of requirement
for a comprehensive eye health examination that must be
completed within one hundred twenty (120) days or before the
start of the next school year, whichever comes first, and a list
of vision resources compiled by the Department of Health.
Notification may also include a form, to be completed by the
examining ophthalmologist or optometrist, to be used for
reporting the results of the examination. The report may
include, but not be limited to, the following:
(i) Date of report.
(ii) Name, address and date of birth of the child.
(iii) Name of the child's school.
(iv) A summary of significant findings, including best
corrected visual acuity, diagnosis, treatment, prognosis and
whether or not a return visit is recommended and, if so, when.
(v) Recommended educational adjustments for the child, if
any, which may include preferential seating in the classroom,
eyeglasses for full-time use in school, eyeglasses for part-time
use in school, sight-saving eyeglasses or any other
recommendations.
(vi) Name, address and signature of the examiner.
* * *
(d) A school entity or nonpublic school shall not be
required to provide comprehensive eye health examinations or
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held financially responsible for the treatment of a child who
fails the required vision screening.
* * *
Section 2. The act is amended by adding a section to read:
Section 1403.2. Eye Health Examinations.--(a) Except as
provided under subsections (c) and (e), children of school age
in this Commonwealth shall be given an eye health examination:
(1) upon admission to school;
(2) while in the fourth grade;
(3) while in the eighth grade;
(4) as part of the evaluation of and prior to the student
becoming subject to secti on 29 U.S.C. ยง 794 (relating to
nondiscrimination under Federal grants and programs) ;
(5) as part of the evaluation of and prior to the student's
enrollment in a Title I reading program as specified by 20
U.S.C. Ch. 70 Subch. I (relating to improving the academic
achievement of the disadvantaged) ; and
(6) as part of the evaluation of and prior to the student's
inclusion in an IEP.
(b) A school district or joint school board that institutes
an eye health examination program under subsection (c) shall be
exempt from providing eye health examinations as required under
subsection (a).
(c) A school district or joint school board may institute an
eye health examination program for children of school age.
Before a school district or joint school board institutes an eye
health examination program under this subsection, the program
shall be approved by the Secretary of Health.
(d) The parent or guardian of a child of school age shall
submit evidence that the child received an eye health
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examination in accordance with subsection (a).
(e) This section shall not apply to a child who is not
enrolled in a public school.
(f) As used in this section, the term "eye health
examination" means an evaluation performed by an optometrist or
ophthalmologist that includes all of the following:
(1) An evaluation of vision history.
(2) An external and internal ophthalmic examination.
(3) An assessment of vision acuity, ocular alignment and
motility and refraction.
(4) An assessment of accommodation and binocular vision.
Section 3. Section 1407 of the act is amended to read:
Section 1407. Examinations by Examiners of Own Choice.--In
lieu of the medical or dental examinations prescribed by this
article, any child of school age may furnish the local school
officials with a medical or dental report of examination made at
his own expense by his family physician [or], family dentist,
ophthalmologist or optometrist on a form approved by the
Secretary of Health for this purpose. The in lieu examinations
shall be made and the report shall be furnished prior to the
date fixed for the regularly scheduled examination but no
earlier than four months prior to the opening of the school term
during which the regular examination is scheduled.
Section 4. This act shall take effect in 60 days.
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