HOUSE BILL NO. 5297

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1176.

the people of the state of michigan enact:

Sec. 1176. (1) For a pupil for which a vision screening test or examination described under section 1177(2) demonstrates that the pupil has a vision deficiency; a pupil identified as a struggling reader by his or her teacher, the superintendent or chief administrator, or a school counselor; a pupil recommended for evaluation to determine if he or she is a student with a disability due to reading difficulties; a pupil with an individualized education program or section 504 plan; a pupil who is in the process of receiving an individualized education program or section 504 plan; or a pupil who failed to achieve a score of at least proficient on the applicable grade-level state assessment for English language arts, all of the following apply:

(a) Within 10 days after a pupil becomes subject to this section, the school district or public school academy in which the pupil is enrolled shall send a written notice to the pupil's parent or legal guardian that states that the parent or legal guardian shall ensure that the pupil receives a comprehensive eye and vision examination as described under subdivision (b) within the timeframe required under subdivision (b).

(b) Within 60 days after receiving the notice under subdivision (a), the pupil's parent or legal guardian shall ensure that the pupil receives a comprehensive eye and vision examination that has an emphasis on visual functioning, including, but not limited to, refractive, accommodative, binocular, and saccadic eye movement, and convergence sufficiency conducted by an eye care professional. A comprehensive eye and vision examination described under this subdivision is not required if a parent or legal guardian submits a statement to the school district or public school academy signed by the parent or legal guardian to the effect that the pupil cannot be submitted to the examination because of religious convictions.

(c) Subject to all other state and federal laws, within 30 days after conducting the comprehensive eye and vision examination under subdivision (b), an eye care professional shall submit to the school district or public school academy a certificate signed by the eye care professional that includes all of the following:

(i) An acknowledgement that the pupil received the comprehensive eye and vision examination described under subdivision (b).

(ii) A statement indicating whether the eye care professional recommends vision correction, vision therapy, or other treatment for the pupil.

(iii) If treatment is recommended for the pupil under subparagraph (ii), a confirmation that the pupil's parent or legal guardian has complied with, or is in the process of complying with, the treatment recommendation.

(2) If a school district or public school academy does not receive the certificate under subsection (1)(c) for a pupil within the time period allowed, as applicable, the school district or public school academy shall do both of the following:

(a) Submit a report to the department regarding the noncompliance, including identification of the pupil.

(b) Take appropriate steps, as determined by the board of the school district or board of directors of the public school academy, to encourage the pupil's parent or legal guardian to take the pupil to receive a comprehensive eye and vision examination described under subsection (1)(b).

(3) As used in this section:

(a) "Eye care professional" means a physician licensed under either part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097, or part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, who specializes in ophthalmology or an optometrist licensed under part 174 of the public health code, 1978 PA 368, MCL 333.17401 to 333.17437.

(b) "Individualized education program" means that term as described in R 340.1721e of the Michigan Administrative Code.

(c) "Section 504 plan" means a plan under section 504 of title V of the rehabilitation act of 1973, 29 USC 794.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.