PRINTER'S NO. 1196 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.1078 Session of 2025 INTRODUCED BY CEPEDA-FREYTIZ, ZIMMERMAN, WAXMAN, KENYATTA, HOHENSTEIN, PARKER, PIELLI, PROBST, HILL-EVANS, GUENST, D. WILLIAMS, GIRAL, MADDEN, BRENNAN, DALEY, BURGOS, SANCHEZ, NEILSON, MALAGARI, STEELE AND GREEN, APRIL 1, 2025 REFERRED TO COMMITTEE ON EDUCATION, APRIL 1, 2025 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. Section 1402(a) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, is 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, (2) a measurement of height and weight by a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 2. Section 1403.1(a)(1) and (2), (b)(1) and (2) and (d) of the act, amended July 11, 2024 (P.L.618, No.55), are amended to read: 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 Department of Health 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 20250HB1078PN1196 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 Department of Health. 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 20250HB1078PN1196 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 held financially responsible for the treatment of a child who fails the required vision screening. * * * Section 3. The act is amended by adding a section to read: Section 1403.2. Eye Health Examinations.--(a) Except as provided under subsection (b), 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 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 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. A school district or joint school board that institutes an eye health examination 20250HB1078PN1196 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 program under this subsection shall be exempt from providing eye health examinations as required under subsection (a). (c) 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). This subsection shall not apply to the parent or guardian of a child of school age if the child participates in an eye health examination program instituted under subsection (b). (d) 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 4. 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 5. This act shall take effect in 60 days. 20250HB1078PN1196 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29