PRINTER'S NO. 2861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2191
Session of
2024
INTRODUCED BY BENHAM, MADDEN, KAZEEM, HARKINS, HANBIDGE, OTTEN,
KINSEY, GIRAL, SANCHEZ, HOWARD, HILL-EVANS, KENYATTA AND
GREEN, APRIL 8, 2024
REFERRED TO COMMITTEE ON EDUCATION, APRIL 8, 2024
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 vision screening and examinations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1403.1(a), (b)(1) and (e) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, 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
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Health or has completed a comprehensive eye exam conducted by an
ophthalmologist or optometrist within the previous twelve
months.
(2) The [Advisory Health Board] 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 and American
Association for Pediatric Ophthalmology and Strabismus.
(3) To facilitate the prompt implementation of this section,
the Department of Health shall promulgate temporary regulations.
The following apply:
(i) No later than six months after the effective date of
this subparagraph, the Department of Health shall transmit
notice of the promulgation of the temporary regulations to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
(ii) The temporary regulations shall expire no later than
two years following the publication of the notice in accordance
with subparagraph (i).
(iii) Upon publication of the notice in accordance with
subparagraph (i), the Department of Health shall post the
temporary regulations on its publicly accessible Internet
website.
(iv) The temporary regulations shall not be subject to any
of the following:
(A) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
(B) Sections 201, 202, 203, 204 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
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Documents Law.
(C) Sections 204(b) and 301(10) of the act of October 15,
1980 (P.L.950, No.164), known as the "Commonwealth Attorneys
Act."
(D) The act of June 25, 1982 (P.L.633, No.181), known as the
"Regulatory Review Act."
(v) The authority of the Department of Health to promulgate
temporary regulations under this paragraph shall expire six
months after the effective date of this subparagraph.
Regulations adopted after this period shall be promulgated as
provided by law.
(b) (1) 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
[Advisory Health Board] Department of Health. The results of the
vision screening shall be supplied to the parent or legal
guardian of the child.
* * *
(e) This section shall apply to school years beginning after
the regulations are promulgated by the [Advisory Health Board]
Department of Health under subsection (a)(2).
* * *
Section 2. This act shall take effect in 60 days.
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