Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1078 Latest Draft

Bill / Introduced Version

                             
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 
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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 
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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 
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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  
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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.
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