News Item:  A one-year long chapter in the eye exam/vision screening story came to a close this week with the final adoption of a bill by the House and Senate that eliminates the mandatory requirement for children entering kindergarten to have an eye examination by an eye professional to enroll in school.  House Bill 2699 has been sent to Governor Easley to be signed into law.  You can read the full text of the bill on the legislative website under “Bill Lookup” at www.ncleg.net or www.ncga.state.nc.us  The NCPS was actively involved with legislators concerning the changes in the amended law. 

Background:  The original law requiring the eye exam appeared in the 2005 state budget as a provision without debate and without ever being introduced as legislation during the session. Speaker Black reported that Governor Easley asked that the program be put into effect.  Later, Governor Easley made some interesting remarks that seemed to distance him from the provision.   Then, in February 2006, a coalition of school agencies, including the NC Association of School Boards, a dozen local school boards and the Association of School Superintendents and Administrators, plus a parent in Wake County, filed a lawsuit to stop the provision from taking effect in the fall of 2006.  A Wake County judge granted a stay for one-year to stop the law from being implemented until further legislative study or action.   The medical community, including the NCPS, the NC Medical Society and the NC Academy of Family Physicians, stepped up in support of the lawsuit and participated in depositions for the original filing of the court action.  Now the lawsuit is likely to be dropped since the requirement of an eye exam is no longer in the law and school entry is not predicated on having an eye exam.  School officials believed this to be unconstitutional and were willing to test the measure in court.  

Future Implementation:  The amended law removes the required eye exam for school entry and makes vision screening the standard, subject to actions of the Governor’s Commission on Early Childhood Vision Care.  The Commission was established in the original budget provision and was organized in late 2005 with 6 members. Three NCPS members who are pediatric ophthalmologists serve on the Commission at this time, Michael J. Bartiss, MD of Pinehurst, David K. Wallace, MD of Durham and William O. Young, MD of Greensboro along with 3 optometrists.   The composition of the Commission has been changed to include either a general pediatrician or a family physician and a school nurse certified by Prevent Blindness NC.  Two additional optometrist positions were also added for a total of 10 members.    The Commission will have the authority to adopt rules to implement the vision care program including the expenditure of up to $500,000 in the state budget to help families with children who fail vision screening but cannot pay for the eye exam.  A report from the Department of Health & Human Services on the implementation of the law is due by July 1, 2007. 

Thank you for your continuing interest in this matter and for your questions and contacts during the legislative session.  Let me know if you have questions about the revised program. 

Steve Shore, MSW
Executive Director

NC Chapter AAP / NC Pediatric Society
- Celebrating 75 Years -
1100 Wake Forest Road, Suite 150
Raleigh, NC 27604

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