First Regular Session 118th General Assembly (2013)
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SENATE ENROLLED ACT No. 553
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-34-3-12; (13)SE0553.1.1. -->
SECTION 1. IC 20-34-3-12, AS AMENDED BY P.L.161-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) For purposes of this section, "modified
clinical technique" means a battery of vision tests that includes:
(1) a visual acuity test to determine an individual's ability to see
at various distances;
(2) a refractive error test to determine the focusing power of the
(3) an ocular health test to determine any external or internal
abnormalities of the eye; and
(4) a binocular coordination test to determine if the eyes are
working together properly.
(b) For purposes of this section, "vision screening" means the
testing of visual acuity to determine an individual's ability to see at
various distances using:
(1) the Snellen chart;
(2) Sloan letters;
(3) HOTV; or
(4) LEA symbol optotypes;
at a distance of either ten (10) or twenty (20) feet for distance
vision, depending on the calibration of the chart being used, and a
distance of fourteen (14) inches for near vision.
(c) The modified clinical technique shall be performed by an
ophthalmologist licensed as a physician under IC 25-22.5 or an
optometrist licensed under IC 25-24.
The governing body of each school corporation shall conduct
(1) an annual a
vision test for each student enrolling in or
(1) either kindergarten or grade 1;
(2) grade 3;
(3) grade 5; and
(4) grade 8;
and for each student suspected of having a visual defect.
(e) The vision test for students in kindergarten and grade 1 shall
using the modified clinical technique
of each student
upon the student's enrollment in either kindergarten or grade 1; and (2)
an annual unless a waiver is granted under section 13 of this
chapter. If a waiver is granted for a school corporation, the
governing body shall conduct a vision screening upon each
student's enrollment in kindergarten or grade 1.
(f) Each student described in subsection (d)(2), (d)(3), and (d)(4),
and each student suspected of having a visual defect shall be tested
using a vision
of the student's
student enrolled in or transferred to grade 3 and grade 8 and of all other
students suspected of having a visual defect.
(g) The following standards apply for a vision screening under
subsections (e) and (f):
(1) A student in kindergarten or grade 1 who is unable to read
with each eye the 20/30 line of the Snellen chart or the 20/32
line of the Sloan letters, HOTV, or LEA symbol optotypes
shall be recommended for further examination based upon
the recommendation of the individual performing the
(2) A student:
(A) in grade 3, grade 5, or grade 8; or
(B) suspected of having a visual defect;
who is unable to read with each eye the 20/30 line of the
Snellen chart or the 20/32 line of the Sloan letters shall be
recommended for further examination based upon the
recommendation of the individual performing the screening.
Records of all tests shall be made and continuously
maintained by the school corporation to provide information useful in
protecting, promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules
concerning vision testing equipment, qualifications of vision testing
personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and
(d) (i) The school corporation's governing body and the
superintendent shall receive annually the following information
concerning the tests conducted under this section:
(1) The number of students tested by grade.
(2) The number of students by grade who were tested using
the modified clinical technique.
(3) The number of students by grade who were tested using a
(2) (4) The number of students by grade who passed a test.
(3) (5) The number of students by grade who failed a test or were
referred for further testing.
(6) The name of the individual or department that supervised
(e) (j) Each school corporation shall annually provide to the
department, for each school within the school corporation, the
following information concerning the tests conducted under this
(1) Whether the tests were conducted at the school.
(2) If the tests were not conducted at the school, the reason for not
performing the tests.
(3) If the tests were conducted at the school:
(1) the number of students tested by grade;
(2) the number of students by grade who were tested using the
modified clinical technique;
(3) the number of students by grade who were tested using a
(4) the number of students who passed a test by grade; and
(5) the number of students who failed a test or who were
referred for further testing.
(f) (k) Not later than October 1 2010, each year, the department
shall report for the previous school year:
(1) a compilation of the information received from school
corporations under subsection
(2) information received under section 13 of this chapter,
(A) the number of school corporations that applied for a
(B) the number of waivers approved;
(C) the number of waivers denied;
(D) the name of each school corporation that applied for a
waiver and whether the waiver was approved or denied;
(E) the reason for the approval or denial;
(3) the total number of students eligible for testing; and
(4) the total number of students tested;
to the legislative council in electronic format under IC 5-14-6.
SOURCE: IC 20-34-3-13; (13)SE0553.1.2. -->
SECTION 2. IC 20-34-3-13, AS AMENDED BY P.L.161-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. (a) If a school corporation is unable to comply
of this chapter, the governing body may,
before November 1 of a school year, request from the state
superintendent a waiver of the requirements of section
of this chapter.
(b) The waiver request under subsection (a) must:
(1) be in writing;
(2) include the reason or reasons that necessitated the waiver
(3) indicate the extent to which the governing body attempted to
comply with the requirements under section
(c) The state superintendent shall take action on the waiver request
not later than thirty (30) days after receiving the waiver request.
(d) The state superintendent may:
(1) approve the waiver request;
(2) deny the waiver request; or
(3) provide whatever relief that may be available to enable the
school corporation to comply with the requirements under section
of this chapter.
(e) If the state superintendent approves the waiver request, the
governing body shall conduct an annual screening test of the visual
acuity of each student upon the student's enrollment in or transfer to
(f) The governing body of each school corporation shall make and
maintain records of all waivers requested by the governing body under
(g) The state superintendent shall make and continuously maintain
records of all actions taken by the state superintendent concerning all
waivers requested under this section.
(h) A request for a waiver under this section must be made
SEA 553 _ Concur
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