HB 1078 — 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, 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.

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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in school health services, further
 6      providing for health services and for vision screening and
 7      examinations, providing for eye health examinations and
 8      further providing for examinations by examiners of own
 9      choice.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 1402(a) of the act of March 10, 1949
13   (P.L.30, No.14), known as the Public School Code of 1949, is
14   amended to read:
15      Section 1402.    Health Services.--(a)   Each child of school
16   age shall be given by methods established by the Advisory Health
17   Board, (1) a hearing test by a school nurse or medical
18   technician, (1.1) a vision screening by school health personnel
19   or a screener or an eye health examination by an ophthalmologist
20   or optometrist, (2) a measurement of height and weight by a
 1   school nurse or teacher, who shall use the measurement to
 2   compute a child's weight-for-height ratio, (3) tests for
 3   tuberculosis under medical supervision, and (4) such other tests
 4   as the Advisory Health Board may deem advisable to protect the
 5   health of the child. A vision screening or an eye health
 6   examination shall be performed on an annual basis.
 7      * * *
 8      Section 2.   Section 1403.1(a)(1) and (2), (b)(1) and (2) and
 9   (d) of the act, amended July 11, 2024 (P.L.618, No.55), are
10   amended to read:
11      Section 1403.1.   Vision Screening and Examinations.--(a)   (1)
12   Prior to admission to school for the first time, a parent or
13   legal guardian shall present to the school entity or nonpublic
14   school certification from [a primary care provider or vision
15   screener] an ophthalmologist or optometrist that the child has
16   passed or failed [a vision screening performed by a primary care
17   provider or a vision screening conducted by screeners with
18   specific training in vision screening techniques and protocols
19   approved by the Department of Health or has completed] a
20   comprehensive eye health exam conducted by an ophthalmologist or
21   optometrist within the previous twelve months.
22      (2)   The Department of Health shall promulgate regulations to
23   establish vision screening standards based on instrument-based
24   vision screening technologies or visual acuity testing, taking
25   into consideration national guidelines from the American Academy
26   of Pediatrics, American Optometric Association and American
27   Association for Pediatric Ophthalmology and Strabismus.
28      * * *
29      (b)   (1)   [Every] Except as provided under section 1403.2,
30   every school year at a school entity or nonpublic school, until

20250HB1078PN1196                   - 2 -
 1   a child completes the fifth grade and at least every two years
 2   thereafter until the child graduates from the twelfth grade, the
 3   child shall have a vision screening performed by school health
 4   personnel or screeners with specific training in vision
 5   screening techniques and protocols approved by the Department of
 6   Health. The results of the vision screening shall be supplied to
 7   the parent or legal guardian of the child.
 8      (2)    For a child who fails a required vision screening, a
 9   comprehensive eye health examination, performed by an
10   ophthalmologist or optometrist, shall also be required.
11   Notification of the parent or legal guardian of the failed
12   screening shall be accompanied by notification of requirement
13   for a comprehensive eye health examination that must be
14   completed within one hundred twenty (120) days or before the
15   start of the next school year, whichever comes first, and a list
16   of vision resources compiled by the Department of Health.
17   Notification may also include a form, to be completed by the
18   examining ophthalmologist or optometrist, to be used for
19   reporting the results of the examination. The report may
20   include, but not be limited to, the following:
21      (i)    Date of report.
22      (ii)    Name, address and date of birth of the child.
23      (iii)    Name of the child's school.
24      (iv)    A summary of significant findings, including best
25   corrected visual acuity, diagnosis, treatment, prognosis and
26   whether or not a return visit is recommended and, if so, when.
27      (v)    Recommended educational adjustments for the child, if
28   any, which may include preferential seating in the classroom,
29   eyeglasses for full-time use in school, eyeglasses for part-time
30   use in school, sight-saving eyeglasses or any other

20250HB1078PN1196                   - 3 -
 1   recommendations.
 2      (vi)    Name, address and signature of the examiner.
 3      * * *
 4      (d)    A school entity or nonpublic school shall not be
 5   required to provide comprehensive eye health examinations or
 6   held financially responsible for the treatment of a child who
 7   fails the required vision screening.
 8      * * *
 9      Section 3.    The act is amended by adding a section to read:
10      Section 1403.2.     Eye Health Examinations.--(a)   Except as
11   provided under subsection (b), children of school age in this
12   Commonwealth shall be given an eye health examination:
13      (1)    upon admission to school;
14      (2)    while in the fourth grade;
15      (3)    while in the eighth grade;
16      (4)    as part of the evaluation of and prior to the student
17   becoming subject to 29 U.S.C. § 794 (relating to
18   nondiscrimination under Federal grants and programs);
19      (5)    as part of the evaluation of and prior to the student's
20   enrollment in a Title I reading program as specified by 20
21   U.S.C. Ch. 70 Subch. I (relating to improving the academic
22   achievement of the disadvantaged); and
23      (6)    as part of the evaluation of and prior to the student's
24   inclusion in an IEP.
25      (b)    A school district or joint school board may institute an
26   eye health examination program for children of school age.
27   Before a school district or joint school board institutes an eye
28   health examination program under this subsection, the program
29   shall be approved by the Secretary of Health. A school district
30   or joint school board that institutes an eye health examination

20250HB1078PN1196                    - 4 -
 1   program under this subsection shall be exempt from providing eye
 2   health examinations as required under subsection (a).
 3      (c)   The parent or guardian of a child of school age shall
 4   submit evidence that the child received an eye health
 5   examination in accordance with subsection (a). This subsection
 6   shall not apply to the parent or guardian of a child of school
 7   age if the child participates in an eye health examination
 8   program instituted under subsection (b).
 9      (d)   As used in this section, the term "eye health
10   examination" means an evaluation performed by an optometrist or
11   ophthalmologist that includes all of the following:
12      (1)   An evaluation of vision history.
13      (2)   An external and internal ophthalmic examination.
14      (3)   An assessment of vision acuity, ocular alignment and
15   motility and refraction.
16      (4)   An assessment of accommodation and binocular vision.
17      Section 4.   Section 1407 of the act is amended to read:
18      Section 1407.   Examinations by Examiners of Own Choice.--In
19   lieu of the medical or dental examinations prescribed by this
20   article, any child of school age may furnish the local school
21   officials with a medical or dental report of examination made at
22   his own expense by his family physician [or], family dentist,
23   ophthalmologist or optometrist on a form approved by the
24   Secretary of Health for this purpose. The in lieu examinations
25   shall be made and the report shall be furnished prior to the
26   date fixed for the regularly scheduled examination but no
27   earlier than four months prior to the opening of the school term
28   during which the regular examination is scheduled.
29      Section 5.   This act shall take effect in 60 days.



20250HB1078PN1196                  - 5 -