HB1410: HB1410 Georgia Student Vision and Literacy Readiness Act; enact

26 LC 52 1034 House Bill 1410 By: Representatives Cummings of the 39th, Schofield of the 63rd, Davis of the 87th, and Scott of the 76th A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 and Chapter 2A of Title 31 of the Official Code of Georgia1 Annotated, relating to elementary and secondary education and t he Department of Public2 Health, respectively, so as to modernize vision screening and literacy readiness requirements3 for elementary and secondary school students; to provide for re gular vision screenings by4 certain personnel; to provide for parent notification; to provide for a parent or legal guardian5 to opt out of vision screening at school; to provide for referrals; to provide for data sharing6 between the State Board of Education and the Department of Public Health; to provide for7 annual reports; to provide for privacy protections; to create the Georgia Vision Access Fund;8 to provide for standards for vision screenings; to provide for certifications; to provide for9 rules and regulations; to provide for related matters; to provi de for a short title; to provide10 for legislative findings and intent; to provide for an effective date; to repeal conflicting laws;11 and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 This Act shall be known and may be cited as the "Georgia Studen t Vision and Literacy15 Readiness Act."16 H. B. 1410 - 1 - 26 LC 52 1034 SECTION 2.17 (a) The General Assembly finds that:18 (1) Vision is essential to learning and literacy, and more tha n 80 percent of classroom19 instruction depends upon visual processing;20 (2) Children with undiagnosed or uncorrected vision problems are more likely to struggle21 with reading proficiency by third grade, directly affecting educational attainment;22 (3) Traditional vision acuity testing using wall charts and occluders are labor intensive and23 time consuming and often fail to detect several conditions that interfere with reading and24 comprehension, including astigmatism, farsightedness, eye teaming and focusing issues,25 amblyopia, certain serious eye disease, and loss of peripheral vision;26 (4) Modern vision screenings using advanced digital technology and instrument based27 devices such as photoscreeners and autorefractors provide faste r and more accurate28 detection; and29 (5) Integrating reliable vision data with literacy interventio n initiatives will strengthen30 Georgia's state-wide reading proficiency goals.31 (b) It is therefore the intent of the General Assembly to:32 (1) Establish periodic, evidence based vision screening for al l K-12 students using33 advanced digital technology or instrument based devices;34 (2) Ensure timely referral, comprehensive examination, and clo sure of all failed35 screenings;36 (3) Integrate vision health outcomes into literacy readiness indicators; and37 (4) Support equitable access to eye care through state and federal funds.38 SECTION 3.39 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and40 secondary education, is amended in Part 3 of Article 16, relati ng to health of students, by41 H. B. 1410 - 2 - 26 LC 52 1034 revising Code Section 20-2-770, relating to rules and regulatio ns for nutritional screening42 and eye, ear, and dental examinations of students, as follows:43 "20-2-770.44 (a) The Department of Public Health is authorized and directed, in cooperation with the45 State Board of Education, to promulgate rules and regulations to provide for a nutritional46 screening and eye, ear, and dental examinations or screenings for each student entering the47 first grade in the public schools of this state and at such oth er times as such rules and48 regulations shall provide. Such rules and regulations shall pr ovide procedures for local49 boards of health to provide for such examinations and or screenings and for the issuance50 of a certificate to the parent or parents of children entering the first grade indicating that51 such examinations and or screenings have been made, and such certificates shall be turned52 in to the school officials at the time of enrollment. Such rules and regulations shall further53 provide that the examinations and or screenings required in this Code section may be made54 by private practitioners and authorize the certification provided for in this Code section by55 such private practitioners.56 (b) No later than August 1, 2027, each local school system and public school shall ensure57 that every student enrolled in kindergarten through grade 12 in such school system or58 school receives a vision screening upon initial enrollment and at each of the following59 levels: kindergarten and grades one, three, five, seven, and ten. Local school systems and60 public schools may conduct additional vision screenings as resources permit.61 (c) The Form 3300 Certificate of Vision, Hearing, Dental, and Nutrition Screening shall62 be required at initial enrollment in a school and shall include notation of compliance with63 requirements for vision screenings provided for in Code Section 31-2A-21.64 (d) Vision screenings may be performed by a school nurse, trai ned school health65 personnel, contracted healthcar e professional, licensed optomet rist, licensed66 ophthalmologist, Department of Public Health employee, a contra ctor certified by the67 Department of Public Health pursuant to Code Section 31-2A-21, or a trained volunteer.68 H. B. 1410 - 3 - 26 LC 52 1034 (e) The parent or legal guardian of a student subject to a scheduled vision screening at a69 school shall be notified at least five school days prior to such screening being conducted70 at such school and given the opportunity to opt the student out of such screening.71 (f) The parent or legal guardian of a student who fails to meet vision screening thresholds72 shall be notified of the results of such screening within ten school days of such screening. 73 Such notification shall include a referral for a comprehensive eye examination by a74 licensed optometrist or ophthalmologist and information regardi ng financial assistance75 available under the Georgia Vision Access Fund as provided for in Code Section 31-2A-21.76 (g) A school shall make reasonable efforts consistent with federal and state privacy laws77 to verify completion of a comprehensive eye examination and shall close referrals within78 sixty school days of the referral.79 (h) Each local school system and public school shall annually report to the State Board of80 Education the number of vision screenings conducted, the number of students failing to81 meet vision screening thresholds, the number of completed compr ehensive eye82 examinations, and such additional data as may be required under subsection (i) of this Code83 section.84 (i) The State Board of Education and the Department of Public Health shall jointly develop85 a secure, de-identified data-sharing protocol linking aggregated vision screening outcomes86 with state-wide literacy performance indicators to inform early reading interventions and87 resource allocation. The Department of Public Health shall pub lish summaries of such88 information for the state and each local school system and public school in a de-identified89 format consistent with federal and state privacy laws."90 SECTION 4.91 Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department92 of Public Health, is amended in Article 1, relating to general provisions, by adding a new93 Code section to read as follows:94 H. B. 1410 - 4 - 26 LC 52 1034 "31-2A-21.95 (a) There is created the Georgia Vision Access Fund as a separ ate fund in the state96 treasury, to be administered by the Department of Public Health for the purpose of:97 (1) Procuring and maintaining advanced digital technology and instrument based devices98 for the vision screenings provided for in Code Section 20-2-770;99 (2) Training personnel for conducting such screenings;100 (3) Covering the cost of comprehensive eye examinations, eyeglasses, or related vision101 care for uninsured or underinsured students as a result of such screenings; and102 (4) Covering the cost of travel vouchers, weekend events, and on-site dispensing103 partnerships to deliver services or glasses as a result of such screenings.104 (b) The Georgia Vision Access Fund may receive state appropriations, grants, gifts, and105 donations.106 (c) The Department of Public Health, in consultation with the State Board of Education,107 shall adopt modernized, evidence based vision screening standar ds, taking into108 consideration established federal and state guidelines. Such standards shall be reviewed109 and updated at least every five years. Such standards shall:110 (1) Prioritize the use of advanced digital technology or instrument based devices capable111 of automated, objective vision screening;112 (2) Permit the use of traditional vision acuity testing using wall charts and occluders113 when advanced digital technology or instrument based devices ar e unavailable or114 inappropriate; and115 (3) Define vision screening thresholds, re-screening procedures, device specifications,116 and training requirements for personnel conducting vision screening.117 (d) The Department of Public Health is authorized to certify contractors to conduct vision118 screenings in schools, provided that such certification shall b e free and available online. 119 Such contractors may include but not be limited to local health departments, telehealth120 providers, mobile screening units, and nonprofit partners.121 H. B. 1410 - 5 - 26 LC 52 1034 (e) The Department of Public Health shall promulgate any rules and regulations necessary122 to implement the provisions of this Code section."123 SECTION 5.124 This Act shall become effective upon its approval by the Governor or upon becoming law125 without such approval.126 SECTION 6.127 All laws and parts of laws in conflict with this Act are repealed.128 H. B. 1410 - 6 -