Regular Session 2021-2022 House Bill 1343 P.N. 1502

PRINTER'S NO. 1502

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1343

Session of

2021

INTRODUCED BY ZIMMERMAN, STURLA, BROOKS, HERSHEY, FREEMAN,

MILLARD, SMITH, PICKETT, CIRESI, RYAN, HOWARD, SAYLOR,

WEBSTER, JAMES, PASHINSKI, STEPHENS, PENNYCUICK, BOBACK,

McNEILL, HAMM, COOK, GILLEN, IRVIN, TOOHIL, GUENST, ROZZI,

DIAMOND, R. MACKENZIE, BENHAM, D. MILLER, KULIK, KAUFFMAN AND

M. MACKENZIE, MAY 14, 2021

REFERRED TO COMMITTEE ON EDUCATION, MAY 14, 2021

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, amended or added November 25,

2020 (P.L.1214, No.122), 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

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

20210HB1343PN1502 - 2 -

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

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.

20210HB1343PN1502 - 3 -

* * *

(d) A school entity or nonpublic school shall not be

required to provide comprehensive eye health examinations or

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 section 504 of the Rehabilitation Act of

1973 (Public Law 93-112, 29 U.S.C. § 794);

(5) as part of the evaluation of and prior to the student's

enrollment in a Title I reading program as defined by Title I of

the Elementary and Secondary Education Act of 1965 (Public Law

89-10, 20 U.S.C. § 6301 et seq.); 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).

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

20210HB1343PN1502 - 4 -

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

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, "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.

20210HB1343PN1502 - 5 -