News and Resources

The Issue

A special provision passed in the 2005 budget bill required all kindergartners entering school for the 2006-2007 school year to have a comprehensive eye exam. The implementation of that provision has been halted to due a legal complaint filed by the association and several school districts.

Updates from the 2006 short session of the general assembly:

July 7
HB 2699, Vision Care Program Changes, was approved by the House on Thursday and sets standards for the vision screenings. The bill also requires that in order to enter kindergarten, children must have a vision screening. Such a vision screening is already required under the kindergarten health assessment. Children who fail the screening would be required to have a comprehensive exam by an optometrist or ophthalmologist. The penalty for not getting the exam involves the school sending a note to the child’s home. Also, the state will provide $500,000 to help some parents pay for eye exams and glasses. This compromise bill addresses NCSBA’s main constitutional concern, in that children will no longer be barred from attending school if they have not had a comprehensive eye exam. (top)

June 23
On Thursday, the Senate unanimously adopted SB 1210 Repeal Eye Exam Requirement for Kindergarten, introduced by Sen. Boseman (D-New Hanover). NCSBA strongly supported this bill. The Senate budget bill also eliminated the $2 million that was appropriated last summer to fund the eye exam program. This money is still appropriated in the House budget.

As reported in the Friday edition of the News and Observer, House Speaker Jim Black said that he is no longer working on a compromise for this issue. You will recall that HB 2699 Vision Care Program Changes, sponsored by Reps. Linda Coleman (Wake), Thomas Wright (New Hanover and Pender), Doug Yongue (Hoke, Scotland and Robeson), and Phillip Haire (Haywood, Jackson, Macon and Swain) was introduced earlier this session and is similar to the “compromise” proposed by Speaker Black in early 2006. (top)

May 26
The Senate budget does include a provision to repeal the legislation which requires all students to have a comprehensive eye exam before entering Kindergarten. SB 1210 Repeal Eye Exam Requirement for Kindergarten (Sen. Boseman, New Hanover) which also repeals the mandatory eye exam, is scheduled to be heard on the Senate floor next Tuesday. 

In addition, Representatives Linda Coleman (Wake), Thomas Wright (New Hanover and Pender), Doug Yongue (Hoke, Scotland and Robeson), and Phillip Haire (Haywood, Jackson, Macon and Swain) filed a bill yesterday to address this issue on the House side.

The bill, HB 2699 Vision Care Program Changes, is similar to the “compromise” proposed by Speaker Black in early 2006. It requires every child to obtain a comprehensive eye exam one year, rather than six months, before entering school. It also permits the optometrist or ophthalmologist conducting the exam to be licensed out-of-state, rather than only in North Carolina. Under the bill, a student who has not had the exam prior to entering school will have 180 days to obtain the exam.    

NCSBA opposes this bill because the 180 day period grace period does not resolve the constitutional issue. Districts would still be forced to bar the entry of students who have not had the exam, because such a student would be prevented from attending school during the 180 days until they obtained the exam. Furthermore, HB 2699 bill fails to address any of the issues raised by the medical community as to the necessity of such an exam. This bill is currently in the House Committee on Health. (top)

May 19
On Wednesday, the Senate Health Committee approved SB 1210 Repeal Eye Exam Requirement for Kindergarten, which repeals the mandatory eye exam.  The bill sponsor, Senator Julia Boseman of New Hanover, did a wonderful job of presenting the bill.  The bill is scheduled for a vote on the Senate floor on Monday night. (top)

May 12
The following bills have been filed to repeal the comprehensive eye exam requirement for children entering Kindergarten: (1) HB 1803 Repeal Vision Care Program/ Funds Revert, Representatives Hollo, Gillespie and Hilton; (2) SB 1210 Repeal Eye Exam Requirement for Kindergarten, Senators Boseman and Snow; and (3) SB 1246 Repeal Eye Exam Requirement, Senator Smith. SB 1210 is scheduled to be considered by the Senate Health Care Committee on Wednesday May 17, 2006 at 11:00 am.  

According to WRAL, Governor Easley is also in favor of repealing the eye exam legislation. When asked about the requirement on Wednesday he stated, "Given the fact they're investigating the people that provide that service, just repeal it and start over ... do away with it,” said Easley. “I think that's a good idea.” 

You will recall that in March, thanks to the 87 LEAs that joined NCSBA in this matter, State Superior Court Judge Stanback issued a Consent Order for Preliminary Injunction and Stay of Proceedings which prohibits the State from implementing the eye exam requirement until July 1, 2007.  (top)