HB1402: HB1402 Education; vision and hearing screening for all public school students enrolled in pre-kindergarten through third grade; require

26 LC 49 2711S 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, relating1 elementary and secondary education, so as to require vision and hearing screening for all2 public school students enrolled in pre-kindergarten through third grade; to require advance3 notification to parents and guardians; to provide for parents and guardians to opt their4 children out of such screenings; to require notification to parents and guardians of children5 who fail one or both screenings; to require local school systems and other public schools to6 report information to the Department of Public Health; to require the Department of Public7 Health to annually report such information to the General Assem bly; to require the8 Department of Public Health to provide training to school personnel and others to administer9 such screening; to require the Department of Public Health, in collaboration with the State10 Board of Education, to promulgate policies, rules, and regulations; to provide for grants to11 local school systems to acquire screening equipment; to require the Department of Education12 to administer such grants; to provide for written notification to parents and guardians of13 students who have not attained grade level reading proficiency by the end of third grade; to14 provide for related matters; to repeal conflicting laws; and for other purposes.15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 H. B. 1402 (SUB) - 1 - 26 LC 49 2711S SECTION 1.17 Chapter 2 of Title 20 of the Official Code of Georgia Annotated , relating elementary and18 secondary education, is amended in Part 3 of Article 16, relati ng to health of students, by19 adding a new Code section to read as follows:20 "20-2-770.1.21 (a) Vision and hearing screenings shall be administered to all public school students22 enrolled in pre-kindergarten through third grade. Such screenings shall be facilitated and23 coordinated by the public schools and shall take place at a public school. Such screenings24 shall be administered directly by trained public school personn el or in cooperation with 25 trained personnel of a duly qualified third-party organization.26 (b)(1) Each local school system or other public school shall notify the parent or guardian27 of each child who fails a vision screening, a hearing screening , or both, using standard28 protocols promulgated by the Department of Public Health.29 (2) Prior approval of parents or legal guardians of public sch ool students for such30 screenings shall not be required; provided, however, that parents and guardians shall be31 provided advance written notice of the time and place of the sc reenings to be32 administered to their children; and provided, further, that if the parent or legal guardian33 of a child objects to such child being administered a hearing o r vision screening, such34 child shall be exempt from such screening.35 (c)(1) Each local school system and other public school shall provide the following36 information to the Department of Public Health for each school:37 (A) For vision screenings, the total number of students:38 (i) Unable to be screened due to opting out or a medical exclusion;39 (ii) Screened with correction;40 (iii) Screened with auto screening device;41 (iv) Screened with eye chart;42 (v) Passed;43 H. B. 1402 (SUB) - 2 - 26 LC 49 2711S (vi) Failed;44 (vii) Failed with auto screening device;45 (viii) Failed with eye chart;46 (ix) Referred with auto screening device;47 (x) Referred with eye chart;48 (xi) With treatment or follow-up; and49 (xii) With no treatment/follow-up;50 (B) For hearing screening, the total number of students:51 (i) Unable to be screened due to opting out or a medical exclusion;52 (ii) Screened;53 (iii) Screened with otoacoustic emissions testing (OAE);54 (iv) Screened with pure-tone audiometer;55 (v) Passed;56 (vi) Failed;57 (vii) Failed with otoacoustic emissions testing (OAE);58 (viii) Failed with pure-tone audiometer;59 (ix) Referred with otoacoustic emissions testing (OAE);60 (x) Referred with pure-tone audiometer;61 (xi) With treatment or follow-up; and62 (xii) With no treatment/follow-up.63 (2) The information required by paragraph (1) of this subsection shall be provided to the64 Department of Public Health within 30 days of screenings conduc ted pursuant to this65 Code section.66 (d) The Department of Public Health shall:67 (1) Provide training to public school personnel and others who administer the screenings68 required by this Code section;69 H. B. 1402 (SUB) - 3 - 26 LC 49 2711S (2) By December 1 each year, provide a report to the General A ssembly of the data70 received from local school systems and other public schools pursuant to subsection (c)71 of this Code section; and72 (3) Promulgate policies, rules, and regulations to provide for the vision and hearing73 screenings of public school students required by this Code section, the training for school74 personnel and others who will administer such screenings, and t o implement all other75 purposes of this Code section.76 (e)(1) Subject to appropriations, a one-time grant in an amount not to exceed $15,000.0077 per local school system shall be provided to each local school system to be used78 exclusively for the purposes of acquiring vision screening and auditory screening79 equipment, if needed, to conduct the screenings required by thi s Code section. Such80 screening equipment shall meet the following criteria:81 (A) Vision screening equipment shall be capable of conducting standardized distance82 visual acuity screening using age-appropriate optotypes or symbol charts that allow for83 monocular testing in accordance with state protocol. Grant funds may also be used to84 purchase instrument based vision screening devices that provide automated pass or refer85 results without requiring user interpretation and that are vali dated for pediatric use,86 consistent with the Department of Public Health testing guidelines.87 (B) Hearing screening equipment shall be capable of conducting calibrated pure-tone88 air-conduction hearing screening at the frequencies and intensi ty levels specified in89 state protocol. For students who are unable to complete pure-t one screening, grant90 funds may be used to purchase otoacoustic emissions (OAE) scree ning devices that91 provide automated pass or refer results and do not require user interpretation, consistent92 with the Department of Public Health testing guidelines. The Department of Education93 shall be responsible for administering such grants."94 H. B. 1402 (SUB) - 4 - 26 LC 49 2711S SECTION 2.95 Said chapter is further amended in Part 3 of Article 6, relating to educational programs under96 the "Quality Basic Education Act," by adding a new Code section to read as follows:97 "20-2-153.2.98 Beginning in the 2026-2027 school year, each local board of edu cation and other public99 school governing body shall provide written notification to the parent or guardian of each100 student who does not achieve grade level reading proficiency as defined by the Office of101 Student Achievement in accordance with Code Section 20-14-31 on t h e t h i r d g r a d e102 end-of-grade reading assessment developed in accordance with su bsection (a) of Code103 Section 20-2-281 or who is otherwise determined to not have attained grade level reading104 proficiency. Such notification shall be provided to parents and guardians by regular mail105 and by other routine methods of providing notifications to parents and guardians."106 SECTION 3.107 All laws and parts of laws in conflict with this Act are repealed.108 H. B. 1402 (SUB) - 5 -