Sec. 36.004.  SCREENING PROGRAM FOR SPECIAL SENSES AND COMMUNICATION DISORDERS.  (a)  The executive commissioner by rule shall require screening of individuals who attend public or private preschools or schools to detect vision and hearing disorders and any other special senses or communication disorders specified by the executive commissioner.  In developing the rules, the executive commissioner may consider the number of individuals to be screened and the availability of:
(1)  personnel qualified to administer the required screening;
(2)  appropriate screening equipment; and
(3)  state and local funds for screening activities.
(b)  The rules must include procedures necessary to administer screening activities.
(b-1)  The rules must allow an individual who attends a public or private school to be screened:
(1)  using photoscreening to detect vision disorders; and
(2)  using an electronic eye chart as a substitute for a printed eye chart to assess visual acuity.
(c)  The executive commissioner shall adopt a schedule for implementing the screening requirements and shall give priority to the age groups that may derive the greatest educational and social benefits from early identification of special senses and communication disorders.
(d)  The rules must provide for acceptance of results of screening conducted by a licensed professional, regardless of whether that professional is under contract with the department, if:
(1)  the professional's legally defined scope of practice includes the area for which the screening is conducted;  and
(2)  the professional uses acceptable procedures for the screening.
(e)  The department may coordinate the special senses and communication disorders screening activities of school districts, private schools, state agencies, volunteer organizations, and other entities so that the efforts of each entity are complementary and not fragmented and duplicative.  The department may provide technical assistance to those entities in developing screening programs and may provide educational and other material to assist local screening activities.
(f)  The department may provide screening personnel, equipment, and services only if the screening requirements cannot otherwise be met.
(g)  The department shall monitor the quality of screening activities provided under this chapter.
(h)  This section does not prohibit a volunteer from participating in the department's screening programs.
(i)  A hearing screening performed under this section is in addition to any hearing screening test performed under Chapter 47.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1347, Sec. 2, eff. Sept. 1, 1999.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0120, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 363 (H.B. 3157), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 313 (H.B. 1297), Sec. 2, eff. September 1, 2023.