S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7343
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the  education  law,  in  relation  to  required  vision
   screenings  for public school students; and to amend the state finance
   law, in relation to establishing the school vision examination screen-
   ing fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  905 of the education law, as
 amended by chapter 477 of the laws  of  2004,  is  amended  to  read  as
 follows:
   4.  (A)  Vision  screening  examinations of students in the schools of
 this state made pursuant to subdivision one of  this  section,  or  made
 pursuant to the by-laws, regulations or practices of the board of educa-
 tion  of  the  city  school  district  of the city of New York, shall be
 subject to the provisions of this subdivision,  and  where  inconsistent
 herewith,  the provisions of this subdivision shall prevail. In addition
 to  any  vision  screening  examinations  otherwise  required   by   the
 provisions  or  practices  cited  in  this subdivision, all students who
 enroll in a school of this state shall be tested for  color  perception,
 distance  acuity  and  near vision within six months of admission to the
 school, or by such other date as may be prescribed in the regulations of
 the commissioner. The results of any such vision screening examinations,
 whether made pursuant to this subdivision or pursuant to the  provisions
 or practices cited in this subdivision, shall be in writing and shall be
 made  available  to  the student's parent or person in parental relation
 and to any teacher of the student within the school while the student is
 enrolled in the school, and shall be kept in a  permanent  file  of  the
 school  for  at  least  as long as the minimum retention period for such
 records, as prescribed by the commissioner pursuant  to  article  fifty-
 seven-A of the arts and cultural affairs law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11260-01-5
              

 A. 7343                             2
 
   (B)  EVERY STUDENT UNDER THE AGE OF SIX ENTERING A PUBLIC PRESCHOOL OR
 ELEMENTARY SCHOOL FOR THE FIRST TIME SHALL UNDERGO A  COMPREHENSIVE  EYE
 EXAM  CONDUCTED BY A LICENSED OPTOMETRIST OR OPHTHALMOLOGIST. SUCH OPTO-
 METRIST OR OPHTHALMOLOGIST SHALL PROVIDE PROOF OF SUCH  VISION  EXAMINA-
 TION FOR A PARENT OR PERSON IN PARENTAL RELATION TO FILE WITH THE SCHOOL
 WHERE  THE  STUDENT IS ENROLLED. ANY STUDENT WHO FAILS A SCHOOL ADMINIS-
 TERED VISION SCREENING  EXAMINATION  SHALL  BE  REQUIRED  TO  UNDERGO  A
 COMPREHENSIVE  EYE  EXAM CONDUCTED BY A LICENSED OPTOMETRIST OR OPHTHAL-
 MOLOGIST AND SUBMIT PROOF OF SUCH EYE EXAM WITHIN SIXTY DAYS OF  NOTIFI-
 CATION OF FAILING SUCH VISION SCREENING EXAMINATION.
   (C)  THE  DEPARTMENT  SHALL  PROMULGATE  RULES  AND REGULATIONS ON HOW
 SCHOOLS WILL COMMUNICATE WITH STUDENTS' PARENTS OR PERSONS  IN  PARENTAL
 RELATION  BEFORE  AND  AFTER  CONDUCTING  VISION  SCREENING EXAMINATIONS
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, INCLUDING:
   (I) INFORMING SUCH PARENTS OR PERSONS IN PARENTAL RELATION OF THE DATE
 THAT SUCH VISION SCREENING EXAMINATION WILL BE CONDUCTED;
   (II) ADVISING SUCH PARENTS OR PERSONS IN  PARENTAL  RELATION  THAT  AN
 IN-SCHOOL  VISION  SCREENING  EXAMINATION  IS  NOT  THE  EQUIVALENT OF A
 COMPREHENSIVE EYE EXAM PERFORMED BY A LICENSED OPTOMETRIST  OR  OPHTHAL-
 MOLOGIST; AND
   (III)  PROVIDING THE RESULTS OF SUCH VISION SCREENING EXAMINATION IN A
 CLEAR AND EASILY UNDERSTANDABLE FORMAT TO SUCH  PARENTS  OR  PERSONS  IN
 PARENTAL RELATION;
   (IV) INFORMING THE PARENTS OR PERSONS IN PARENTAL RELATION OF STUDENTS
 WHO  FAIL  A VISION EXAMINATION SCREENING OF SUCH PARENTS' OR PERSONS IN
 PARENTAL RELATION'S DUTY TO ENSURE THAT SUCH STUDENT RECEIVES A  COMPRE-
 HENSIVE EYE EXAM FROM A LICENSED OPTOMETRIST OR OPHTHALMOLOGIST; AND
   (V) PROVIDING SUCH PARENTS OR PERSONS IN PARENTAL RELATION WITH A LIST
 OF  RESOURCES FOR LOW-COST OR NO-COST PEDIATRIC EYE EXAMS AND PUBLISHING
 SUCH LIST ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT SHALL UPDATE  SUCH
 LIST ON AN ANNUAL BASIS.
   (D)  THE  DEPARTMENT  SHALL PROVIDE EXAMINATION SCREENINGS TO STUDENTS
 WITHOUT HEALTH INSURANCE AT NO COST. THE DEPARTMENT  SHALL  DEPOSIT  ALL
 MONIES  APPROPRIATED  TO CARRY OUT THE PURPOSES OF THIS PARAGRAPH TO THE
 CREDIT OF THE SCHOOL VISION EXAMINATION  FUND  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  SCHOOL  VISION  EXAMINATION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE CUSTODY OF THE STATE COMPTROLLER  A  SPECIAL  FUND  TO  BE
 KNOWN AS THE SCHOOL VISION EXAMINATION FUND.
   2.  SUCH  FUND SHALL CONSIST OF ALL MONIES DEPOSITED PURSUANT TO PARA-
 GRAPH (D) OF SUBDIVISION FOUR OF SECTION NINE HUNDRED FIVE OF THE EDUCA-
 TION LAW, AND ALL OTHER MONIES CREDITED OR TRANSFERRED THERETO FROM  ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONIES  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
 CONDUCTING IN-SCHOOL  COMPREHENSIVE  VISION  EXAMINATIONS  FOR  STUDENTS
 WITHOUT HEALTH INSURANCE WHO ARE REQUIRED TO RECEIVE A COMPREHENSIVE EYE
 EXAMINATION  FROM  A LICENSED OPTOMETRIST OR OPHTHALMOLOGIST PURSUANT TO
 SECTION NINE HUNDRED FIVE OF THE EDUCATION LAW. MONIES SHALL BE PAID OUT
 OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON  VOUCH-
 ERS  APPROVED BY THE COMMISSIONER OF EDUCATION. ANY INTEREST RECEIVED BY
 THE COMPTROLLER ON MONIES ON DEPOSIT IN THE  SCHOOL  VISION  EXAMINATION
 FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   § 3. This act shall take effect immediately.