An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in school health services, providing for initial vision examination.

CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 733, 1802 PRINTER'S NO. 1806
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 720
Session of
2025
INTRODUCED BY GEBHARD, PENNYCUICK, LAUGHLIN, SCHWANK, HAYWOOD
AND LANGERHOLC, MAY 2, 2025
SENATOR CULVER, EDUCATION, AS AMENDED, JUNE 9, 2026
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 and vision
examinations and further providing for examinations by
examiners of own choice. PROVIDING FOR INITIAL VISION
EXAMINATION.
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 vision screener or an eye health and vision examination by
an ophthalmologist or optometrist, and (2) a measurement of
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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 and vision 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 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] an ophthalmologist or optometrist that
the child has passed or failed a comprehensive eye health and
vision 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.
* * *
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(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 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 and vision 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 and vision 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,
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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 and vision
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 and Vision Examinations.--(a)
Except as provided under subsections (c) and (e), children of
school age in this Commonwealth shall be given an eye health and
vision 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. § 794 (relating to
nondiscrimination under Federal grants and programs); and
(5) as part of the evaluation of and prior to the student's
enrollment in a Title I reading program as defined by 20 U.S.C.
Ch. 70 Subch. I (relating to improving the academic achievement
of the disadvantaged).
(b) A school district or joint school board that institutes
an eye health and vision examination program under subsection
(c) shall be exempt from providing eye health and vision
examinations as required under subsection (a).
(c) A school district or joint school board may institute an
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eye health and vision examination program for children of school
age. Before a school district or joint school board institutes
an eye health and vision 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 and vision
examination in accordance with subsection (a).
(e) This section shall apply to a child who is enrolled in a
public or nonpublic school.
(f) As used in this section, the term "eye health and vision
examination" means an evaluation performed by an ophthalmologist
or optometrist 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.
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Section 5. This act shall take effect in 60 days.
SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
SECTION TO READ:
SECTION 1403.2. INITIAL VISION EXAMINATION.--(A) A CHILD
ENTERING SCHOOL FOR THE FIRST TIME IN THIS COMMONWEALTH MUST
HAVE A COMPREHENSIVE EYE EXAMINATION PERFORMED BY AN
OPHTHALMOLOGIST OR OPTOMETRIST WITHIN ONE YEAR PRIOR TO THE
START OF SCHOOL OR WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER
THE START OF THE SCHOOL YEAR.
(B) A CHILD WHO IS IDENTIFIED WITH DISABILITIES AND BEGINS
RECEIVING INSTRUCTIONAL SUPPORT SERVICES FOR THE FIRST TIME
UNDER AN INDIVIDUALIZED EDUCATION PROGRAM UNDER 22 PA. CODE CH.
14 (RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS) OR A
504 SERVICE AGREEMENT UNDER SECTION 504 OF THE REHABILITATION
ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C. § 794) AND 22 PA. CODE
CH. 15 (RELATING TO PROTECTED HANDICAPPED STUDENTS) MUST HAVE A
COMPREHENSIVE EYE EXAMINATION PERFORMED BY AN OPHTHALMOLOGIST OR
OPTOMETRIST.
(C) NOTIFICATION TO THE PARENT OR GUARDIAN OF A CHILD UNDER
SUBSECTION (A) OR (B) SHALL INCLUDE THE REQUIREMENT FOR A
COMPREHENSIVE EYE EXAMINATION TO 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 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 THE FOLLOWING:
(1) DATE OF REPORT.
(2) NAME, ADDRESS AND DATE OF BIRTH OF THE CHILD.
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(3) NAME OF THE CHILD'S SCHOOL.
(4) 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.
(5) 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.
(6) NAME, ADDRESS AND SIGNATURE OF THE EXAMINER.
(D) THE EXAMINATION REPORT MAY BE ACCOMPANIED BY AN ENVELOPE
FOR RETURN OF THE FORM TO SCHOOL PERSONNEL SO THE COMPLETION
STATUS AND RESULT OF THE EXAMINATION UNDER SUBSECTION (A) MAY BE
RECORDED AND CONSIDERED AS PART OF THE INSTRUCTIONAL SUPPORT
PLANNING PROCESS FOR THE STUDENT.
(E) A CHILD MAY NOT BE PROHIBITED FROM ATTENDING SCHOOL OR
INITIATING, RECEIVING OR CONTINUING TO RECEIVE SERVICES
PRESCRIBED IN THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM FOR
THE REASON THAT THE PARENT OR LEGAL GUARDIAN FAILED TO FURNISH A
REPORT OF THE CHILD'S VISION EXAMINATION OR TO HAVE AN
EXAMINATION COMPLETED.
(F) A SCHOOL ENTITY OR NONPUBLIC SCHOOL MAY NOT BE REQUIRED
TO PROVIDE COMPREHENSIVE EYE EXAMINATIONS OR BE HELD FINANCIALLY
RESPONSIBLE FOR AN EYE EXAMINATION REQUIRED BY THIS SECTION.
(G) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"NONPUBLIC SCHOOL." A SCHOOL, OTHER THAN A PUBLIC SCHOOL
WITHIN THIS COMMONWEALTH, IN WHICH A RESIDENT OF THIS
COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY SCHOOL
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ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEETS THE
REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (PUBLIC
LAW 88-352, 78 STAT. 241).
"SCHOOL ENTITY." A SCHOOL DISTRICT, CHARTER SCHOOL, REGIONAL
CHARTER SCHOOL, CYBER CHARTER SCHOOL, INTERMEDIATE UNIT OR AREA
CAREER AND TECHNICAL SCHOOL.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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