1. (a) All children enrolling in any public, private, parochial, or denominational preschool or school in Texas for the first time must be screened for possible vision and hearing problems prior to completion of the first semester of enrollment or within 120 calendar days of enrollment, whichever is longest, or present evidence of screening conducted one year prior to enrollment. The screening requirement may be met either by:

   1. (1) a physician licensed to practice medicine in the United States; or
   2. (2) an optometrist or another licensed professional whose licensure qualifies him or her to evaluate vision difficulty and a licensed professional whose licensure qualifies him or her to evaluate hearing difficulty; or
   3. (3) a Texas Department of Health-certified screener trained for vision or hearing screening.
2. (b) First-time entrants into Texas preschool programs who are four years of age or older and all children enrolled in preschool programs who are four years of age by September 1 of each year will be screened within 120 days after the first day of enrollment or present evidence of screening conducted within one year prior to enrollment.

3. (c) The school population to be screened for vision and hearing problems beyond the level of first entry into preschools or schools shall be expanded according to the following schedule

   1. (1) In the 1985-1986 school year, third and fifth grade students will be added to those children to be screened under subsections (a) and (b) of this section.
   2. (2) In the 1986-1987 school year, kindergarten and first grade students will be added to those children to be screened under subsections (a) and (b) of this section.
   3. (3) In the 1986-1987 school year, seventh and ninth grade students will be added to those children to be screened under paragraph (c)(1) of this section.
4. (d) The school population to be screened under subsection (c) of this section may be screened at any time during the reporting year prior to May 31 of that year.
5. (e) Upon written request submitted to the department and approved by the department, the screening of vision or hearing in a school may occur in alternating years for those grades specified in subsection (c) of this section.
6. (f) An affidavit, signed by the parent(s), guardian(s), managing conservator(s), or persons(s) having legal responsibility for the child's support, stating that the child will undergo the required vision and/or hearing screening as rapidly as is feasible may be submitted to the admitting officer of the preschool or school to provisionally admit the child into a preschool, kindergarten, elementary, or secondary school.
7. (g) An affidavit, signed by the parents(s), guardian(s), managing conservator(s), or person(s) having a legal responsibility for the child's support, stating that the vision and/or hearing screening conflicts with the tenets or practices of a recognized church or religious denomination of which the affiliate is an adherent or member may be submitted to the preschool or school authorities in lieu of the required record of screening.
8. (h) Upon review of data from the populations screened, the board shall determine the further expansion or reduction of the populations and any additional periodic screenings of children beyond the minimum levels herein established.

Source Note:The provisions of this §37.23 adopted to be effective March 14, 1978, 9 TexReg 1262; amended to be effective February 28, 1986, 11 TexReg 847.