HSB 657 (LSB 6058YC (2) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON MASCHER)

A BILL FOR

An Act relating to vision screenings for students, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.39D  Student vision screening.
   1.  a.  School districts and accredited nonpublic schools shall provide vision screenings to all students entering kindergarten and grades one, three, six, and nine; transfer students; and students referred by a parent, guardian, or teacher for screening as provided in this section.
   b.  A school district or accredited nonpublic school shall provide a vision screening for a student beginning a school year in kindergarten within sixty days of the first day the student begins school.
   c.  A student is excused from the vision screening if a parent or guardian presents school officials with documentation of a student’s comprehensive eye examination performed by a licensed ophthalmologist or licensed optometrist within the past twelve months. School officials shall retain a copy of the results of the student’s eye examination.
   2.  a.  School personnel shall retain each student’s vision screening results and provide each student’s parent or guardian with the results and any follow-up recommendations for vision correction or care as necessary.
   b.  The parent or guardian of a student who demonstrates during the vision screening specific visual problems, as identified by the department of public health, shall cause the student to undergo a comprehensive eye examination by a licensed ophthalmologist or licensed optometrist within six months and provide documentation of the examination to the appropriate school official.
   c.  If a parent or guardian fails to provide documentation that the required follow-up examination has occurred, school officials shall notify the parent or guardian in writing of the current student vision screening and examination requirements as established by law and also notify the department of public health.
   d.  School officials shall not prohibit a student from attending school due to the failure of a parent or guardian to provide documentation of the student’s comprehensive eye examination.
   3.  Area education agencies, pursuant to section 273.3, shall make every effort to provide, in collaboration with local community organizations, vision screening services to children ages two through four. The area education agencies and the organizations providing the vision screenings shall notify the parent or guardian of the child if a comprehensive eye examination by a licensed ophthalmologist or licensed optometrist is recommended.
   4.  a.  A licensed ophthalmologist, licensed optometrist, licensed physician, or certified vision screener shall conduct vision screenings required by this section. A certified vision screener is an individual trained in vision screening techniques within the past three years and certified by the department of public health. The department of public health, in cooperation with the department of education, shall establish vision screening training standards.
   b.  The department of public health shall approve vision screening techniques and protocols recommended by a nationally recognized organization such as the American academy of pediatrics, the American academy of ophthalmology, or the national eye institute.
   5.  The department of public health, in cooperation with the department of education, shall adopt rules to administer this section. The department of public health shall submit a report to the general assembly by January 1, annually, regarding student vision screenings results for the most recently completed school year. The first report, due January 1, 2013, shall include an assessment by the department about whether a source of financial assistance for parents and guardians would increase compliance with required follow-up comprehensive eye examinations.
    Sec. 2.  Section 280.7A, Code 2009, is repealed June 30, 2011.
    Sec. 3.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
    Sec. 4.  APPLICABILITY DATE.  This Act applies to school years beginning on or after July 1, 2011.
EXPLANATION
   This bill establishes vision screenings for students who are at specific grade levels, who are referred, or who are transferring schools to be provided by school districts and accredited nonpublic schools.
   Every student beginning in kindergarten shall receive a vision screening within 60 days of starting the school year.
   A student is excused from a vision screening if a parent or guardian presents school officials documentation that the student received an eye exam within 12 months. School officials are required to keep a copy of the eye exam results.
   School personnel shall retain the results of students’ vision screenings and inform parents and guardians of the results. A student who demonstrates specific visual problems during the screening will be required to have a comprehensive eye exam by a licensed ophthalmologist or optometrist within six months. A parent or guardian is required to provide school officials with documentation of the exam.
   A parent or guardian who fails to provide documentation of the required eye exam shall be notified in writing of the current student vision requirements under law and the department of public health (DPH) shall be informed. A student shall not be prohibited from attending school due to the failure of a parent or guardian to provide documentation of a required eye exam.
   Area education agencies, in collaboration with community organizations, shall provide vision screening services to children ages two through four.
   Licensed medical personnel or certified vision screeners must provide the vision screenings. Vision screenings shall be provided using techniques and protocols approved by DPH, as established by nationally recognized organizations with expertise in vision screening.
   DPH, in cooperation with the department of education, is required to adopt rules regarding the requirements of this new Code section. DPH shall submit an annual report to the general assembly by January 1, regarding the vision screening results. The first report is due January 1, 2013. The report shall include an assessment about compliance with required follow-up eye exams and whether financial assistance would increase compliance.
   Code section 280.7A, which is the current statute about student eye care, is repealed June 30, 2011. The current law provides that a parent or guardian receive a student vision card when a child registers for preschool or kindergarten with the goal of every child receiving an eye exam by age seven. Current law also provides that school districts may encourage the receipt of eye exams by students receiving special education services.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.
   The bill applies to school years beginning on or after July 1, 2011.