House Bill 1402 (COMMITTEE SUBSTITUTE)
By: Representatives Hagan of the 156th, Burns of the 159th, Erwin of the 32nd, Donatucci of
the 105th, Ballard of the 147th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
elementary and secondary education, so as to require vision and hearing screening for all
public school students enrolled in pre-kindergarten through third grade; to require advance
notification to parents and guardians; to provide for parents and guardians to opt their
children out of such screenings; to require notification to parents and guardians of children
who fail one or both screenings; to require local school systems and other public schools to
report information to the Department of Public Health; to require the Department of Public
Health to annually report such information to the General Assembly; to require the
Department of Public Health to provide training to school personnel and others to administer
such screening; to require the Department of Public Health, in collaboration with the State
Board of Education, to promulgate policies, rules, and regulations; to provide for grants to
local school systems to acquire screening equipment; to require the Department of Education
to administer such grants; to provide for written notification to parents and guardians of
students who have not attained grade level reading proficiency by the end of third grade; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating elementary and
secondary education, is amended in Part 3 of Article 16, relating to health of students, by
adding a new Code section to read as follows:
<ins>"20-2-770.1.
(a) Vision and hearing screenings shall be administered to all public school students
enrolled in pre-kindergarten through third grade. Such screenings shall be facilitated and
coordinated by the public schools and shall take place at a public school. Such screenings
shall be administered directly by trained public school personnel or in cooperation with
trained personnel of a duly qualified third-party organization.
(b)(1) Each local school system or other public school shall notify the parent or guardian
of each child who fails a vision screening, a hearing screening, or both, using standard
protocols promulgated by the Department of Public Health.
(2) Prior approval of parents or legal guardians of public school students for such
screenings shall not be required; provided, however, that parents and guardians shall be
provided advance written notice of the time and place of the screenings to be
administered to their children; and provided, further, that if the parent or legal guardian
of a child objects to such child being administered a hearing or vision screening, such
child shall be exempt from such screening.
(c)(1) Each local school system and other public school shall provide the following
information to the Department of Public Health for each school:
(A) For vision screenings, the total number of students:
(i) Unable to be screened due to opting out or a medical exclusion;
(ii) Screened with correction;
(iii) Screened with auto screening device;
(iv) Screened with eye chart;
(v) Passed;
</ins>
<ins>(vi) Failed;
(vii) Failed with auto screening device;
(viii) Failed with eye chart;
(ix) Referred with auto screening device;
(x) Referred with eye chart;
(xi) With treatment or follow-up; and
(xii) With no treatment/follow-up;
(B) For hearing screening, the total number of students:
(i) Unable to be screened due to opting out or a medical exclusion;
(ii) Screened;
(iii) Screened with otoacoustic emissions testing (OAE);
(iv) Screened with pure-tone audiometer;
(v) Passed;
(vi) Failed;
(vii) Failed with otoacoustic emissions testing (OAE);
(viii) Failed with pure-tone audiometer;
(ix) Referred with otoacoustic emissions testing (OAE);
(x) Referred with pure-tone audiometer;
(xi) With treatment or follow-up; and
(xii) With no treatment/follow-up.
(2) The information required by paragraph (1) of this subsection shall be provided to the
Department of Public Health within 30 days of screenings conducted pursuant to this
Code section.
(d) The Department of Public Health shall:
(1) Provide training to public school personnel and others who administer the screenings
required by this Code section;
</ins>
<ins>(2) By December 1 each year, provide a report to the General Assembly of the data
received from local school systems and other public schools pursuant to subsection (c)
of this Code section; and
(3) Promulgate policies, rules, and regulations to provide for the vision and hearing
screenings of public school students required by this Code section, the training for school
personnel and others who will administer such screenings, and to implement all other
purposes of this Code section.
(e)(1) Subject to appropriations, a one-time grant in an amount not to exceed $15,000.00
per local school system shall be provided to each local school system to be used
exclusively for the purposes of acquiring vision screening and auditory screening
equipment, if needed, to conduct the screenings required by this Code section. Such
screening equipment shall meet the following criteria:
(A) Vision screening equipment shall be capable of conducting standardized distance
visual acuity screening using age-appropriate optotypes or symbol charts that allow for
monocular testing in accordance with state protocol. Grant funds may also be used to
purchase instrument based vision screening devices that provide automated pass or refer
results without requiring user interpretation and that are validated for pediatric use,
consistent with the Department of Public Health testing guidelines.
(B) Hearing screening equipment shall be capable of conducting calibrated pure-tone
air-conduction hearing screening at the frequencies and intensity levels specified in
state protocol. For students who are unable to complete pure-tone screening, grant
funds may be used to purchase otoacoustic emissions (OAE) screening devices that
provide automated pass or refer results and do not require user interpretation, consistent
with the Department of Public Health testing guidelines. The Department of Education
shall be responsible for administering such grants."
</ins>
SECTION 2.
Said chapter is further amended in Part 3 of Article 6, relating to educational programs under
the "Quality Basic Education Act," by adding a new Code section to read as follows:
<ins>"20-2-153.2.
Beginning in the 2026-2027 school year, each local board of education and other public
school governing body shall provide written notification to the parent or guardian of each
student who does not achieve grade level reading proficiency as defined by the Office of
Student Achievement in accordance with Code Section 20-14-31 on the third grade
end-of-grade reading assessment developed in accordance with subsection (a) of Code
Section 20-2-281 or who is otherwise determined to not have attained grade level reading
proficiency. Such notification shall be provided to parents and guardians by regular mail
and by other routine methods of providing notifications to parents and guardians."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.