Senate Bill No. 230
(By Senators Kessler, Edgell, Bowman, McKenzie,
Minard, Deem, McCabe, Prezioso, Craigo, Jackson, Wooton,
Chafin, Hunter, Helmick, Rowe, Oliverio, Anderson, Snyder,
Ross, Sharpe, Mitchell, Love, Caldwell, Facemyer, Redd,
Burnette, Boley, Minear, Sprouse and Tomblin, Mr. President)
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[Introduced January 16, 2002; referred to the Committee
On Education; and then to the Committee on Finance.]
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A BILL to amend article twenty, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section ten, relating to creating the "Better Sight for
Better Learning Act"; requiring eye examinations for
children prior to enrollment in elementary school; state
board of education to promulgate criteria for carrying out
the act; and maintaining a list of resources to aid
children needing vision examinations or vision corrections
by the department of education and the department of
health, together with others.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten,
to read as follows:
ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.
§18-20-10. AN ACT TO REQUIRE EYE EXAMINATIONS FOR ELEMENTARY
SCHOOL CHILDREN.
Findings and purpose. The Legislature finds that vision
plays an important role in the education of children and that an
undetected and uncorrected vision impairment is a serious threat
to the educational success of a child, particularly when that
uncorrected impairment is protracted and occurs at a time when
the child is only beginning his or her formal learning
experience. And, consequently, the educational failure of every
child has a profound impact on the economic well-being of our
state and its people. For the benefit of our children and the
future of our state, all children should be provided with an eye
examination prior to enrolling in elementary school.
(a) Each local board of education or similar body governing
a nonpublic school shall require that every individual in an
elementary school in this state receive a comprehensive vision
examination from a licensed optometrist or ophthalmologist
before enrolling for the first time in an elementary school
under its jurisdiction. The parent or guardian of each child shall receive prior written notice thereof and have a reasonable
opportunity to provide for the examination. A local board of
education may deny enrollment or continued attendance in a
public elementary school to any child who fails to obtain the
eye examination required under this section.
(b)
Prior to enrollment, each child shall present to school
health personnel a written certification by a licensed
optometrist or ophthalmologist chosen by the child's parents or
guardian which indicates the status of the child's vision, any
pertinent diagnosis, treatment, recommendations and any
necessary follow-up.
(c) The state board of education will promulgate criteria
and rules as may be necessary for meeting and enforcing the
requirements of this act.
(d) The department of education shall, in conjunction with
the department of health, compile and maintain a list of sources
to which children of families with limited means might refer for
examinations or vision corrections. The sources may include
individuals, federal, state and local governments and private
programs. The department of education shall ensure that the
superintendent of schools, the principal of each elementary
school, the school nurse or other person responsible for school
health services receives an updated copy of the list each year prior to school opening. Professional and service organizations
concerned with vision health may assist in gathering and
disseminating the information at the direction of the department
of education.
(e) The requirements of this section will take effect for
the school year beginning in two thousand two. Children
enrolled prior to this time are exempt from the provisions of
this section.
NOTE: The purpose of this bill is to compel that a
professional eye examination be performed on the eyes of each
child in this state prior to enrollment in grade school.
This section is new; therefore, underlining and
strike-throughs have been omitted.