House Bill 194

AN ACT TO AMEND SECTION 37-3-87, MISSISSIPPI CODE OF 1972, TO REQUIRE A COMPREHENSIVE EYE EXAMINATION FOR ALL STUDENTS ENTERING KINDERGARTEN, THE FIRST GRADE OR ENROLLING FOR THE FIRST TIME IN A PUBLIC, PRIVATE OR PAROCHIAL SCHOOL; TO PROVIDE STANDARDS FOR REQUIRED EYE EXAMINATIONS; TO DIRECT THE STATE BOARD OF HEALTH TO DEVELOP AND ISSUE REGULATIONS ESTABLISHING STANDARDS FOR THE STUDENT EYE EXAMINATION PROGRAM; TO PROVIDE FOR AN ADVISORY COMMITTEE ON THE MANDATORY STUDENT EYE EXAMINATION REQUIREMENT AND THE STUDENT VISION SCREENING PROGRAM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-3-87, Mississippi Code of 1972, is amended as follows:

37-3-87. (1) This section shall be known and may be cited as the "Mississippi Better Sight for Better Learning Program."

(2) Beginning July 1, 2016, every student enrolling in kindergarten or first grade, or enrolling for the first time in a Mississippi public, private or parochial school approved and accredited by the State Board of Education, shall be required to have a comprehensive eye examination performed by an optometrist or ophthalmologist. Within thirty (30) days of the start of the school year, the parent or guardian of each student shall present to the appropriate school health personnel evidence that the student passed an eye examination within the previous six (6) months. The State Board of Health, with the advice of the State Board of Education, on or before July 1, 2016, shall promulgate rules establishing the criteria for meeting the requirements of this comprehensive eye examination which shall include, but not be limited to, the following:

(a) A comprehensive eye examination shall include measurement of visual acuity; ocular alignment and motility; depth perception-stereopsis; fusion; slit lamp; examination of the anterior segment and pupils; and cycloplegic refraction and dilated fundus examination when deemed appropriate by the examiner;

(b) Any eye doctor who conducts a comprehensive eye examination of a student given in accordance with the provisions of this section shall forward a written report of the results of the examination to the parent or guardian of such student and the student's primary health care provider. It shall be the responsibility of the parent or guardian to forward a copy of the report to school health personnel. The report shall include, but not be limited to, the following:

(i) The date of report;

(ii) The name, address and date of birth of the student;

(iii) The name of the student's school;

(iv) The type of examination;

(v) A summary of significant findings, including diagnoses, medication used, duration of action of medication, treatment, prognosis, whether or not a return visit is recommended and if so, when;

(vi) Any recommended educational adjustments for the child, if any, which may include: preferential seating in the classroom, eyeglasses for full-time use in school, eyeglasses for part-time use in school, sight-saving eyeglasses or any other recommendations; and

(vii) The name, address and signature of the examiner;

(c) Each public school, private and parochial school approved and accredited by the State Board of Education shall give notice of this eye examination requirement to the parents and guardians of students in compliance with rules of the State Department of Health, in conjunction with the rules of the State Department of Health relating to required vaccinations for students. Parents and guardians who fail to present the required report shall be notified in writing of the required eye examination. A school may withhold a child's report card until the required report is submitted; however, no student shall be excluded from attending kindergarten, first grade or another grade for a parent's or guardian's failure to furnish a report of the student's eye examination or an examiner's failure to furnish the results of a student's comprehensive eye examination. In the event that a parent or legal guardian of a student submits a written request that a student be excused from having an eye examination, that student shall be excused; and

(d) Enforcement of the provisions of this subsection (2) shall be performed by the local school superintendent, or his designee, the headmaster of the private or parochial school, or his designee, or the director of the kindergarten program, as appropriate.

( * * *13) In addition to the mandatory comprehensive eye examination required under subsection (2), the State Department of Education is * * *~~hereby~~ authorized and empowered to establish a student vision screening program to make eye screening services available to students in Grades K-12 in the public schools in order to detect vision problems which can lead to academic problems. * * *~~Such~~ The eye screening service shall be based on a process that is screening in nature, and not diagnostic, which is intended to identify with a reasonably high probability, students with a wide range of eye problems who should seek the services of an eye care professional for examination, diagnosis and corrective recommendation. * * *~~Such~~ The eye screening service shall provide each student screened with a report of the student's screening results to be taken home. Each school shall be provided with a list of the students screened, and their results. Statistical summaries of the screening results shall be provided to each school, and composite statistics by school system, county or district shall be provided to the State Department of Education. The State Department of Education may contract with any legal entity to administer the student vision screening program on the school district level, and * * * ~~such~~ the contract shall be let on a competitive basis. State funding for * * * ~~said~~ the program shall only be available subject to appropriation by the Legislature.

( * * *24) The school board of any local school district shall cooperate with the State Department of Health, State Department of Education and any entity under contract with the departments to implement the student eye examination or vision screening programs established under this section.

( * * *35) Before * * *~~September 1, 1996~~ July 1, 2016, an advisory committee for the mandatory student eye examination and student vision screening programs comprised of six (6) eye care professionals shall be appointed. The Governor, Lieutenant Governor and Speaker of the House of Representatives each shall appoint one (1) member from a list of nominees submitted by the Mississippi Optometric Association and one (1) member from a list of nominees submitted by the Mississippi Eye, Ear, Nose and Throat Association, so that the advisory committee consists of three (3) representatives from each organization. The members of the committee shall serve for a term of four (4) years, to run concurrent with the term of the Governor after the expiration of the initial term.

In order to protect the health, safety and welfare of students as related to eye care, the advisory committee shall review the procedures, methodology and nature of the mandatory student eye examination requirements and the vision screening services offered under any contract entered into by the State Department of Health or the State Department of Education for the administration of the student eye examination or student vision screening programs. Any advisory opinions adopted by the committee on the eye examination or vision screening process may be submitted to the State Board of Education and the State Board of Health for consideration or any appropriate action.

The advisory committee shall determine the times and locations of its meetings. Members of the advisory committee shall serve without compensation.

(6) Any additional costs for student eye examinations that are not covered by existing insurance or public assistance programs shall be paid by the State Department of Health from a fund provided from any private or public sources, which shall not exceed the allowable state Medicaid reimbursement rate for eye examinations.

SECTION 2. This act shall take effect and be in force from and after its passage.