North Carolina § 130A-440 - (Applicable to children enrolling in the public schools for the first time before the 2016-2017 school year) Health assessment required.

§ 130A-440. (Applicable to children enrolling in the public schools for the first time before the 2016-2017 school year) Health assessment required.

Every child in this State entering kindergarten in the public schools shall receive a health assessment. The health assessment shall be made no more than 12 months prior to the date of school entry. No child shall attend kindergarten unless a health assessment transmittal form, developed pursuant to G.S. 130A-441, indicating that the child has received the health assessment required by this section, is presented to the school principal. The medical provider, or the parent, guardian, or person in loco parentis, must present a completed health assessment transmittal form to the principal of the school on or before the child's first day of attendance. If a health assessment transmittal form is not presented on or before the first day, the principal shall present a notice of deficiency to the parent, guardian, or responsible person. The parent, guardian, or responsible person shall have 30 calendar days from the first day of attendance to present the required health assessment transmittal form for the child. Upon termination of 30 calendar days, the principal shall not permit the child to attend the school until the required health assessment transmittal form has been presented. A health assessment shall include a medical history and physical examination with screening for vision and hearing and, if appropriate, testing for anemia and tuberculosis. Vision screening shall be conducted in accordance with G.S. 130A-440.1. The health assessment may also include dental screening and developmental screening for cognition, language, and motor function. The developmental screening of cognition and language abilities may be conducted in accordance with G.S. 115C-83.5(a). The health assessment shall be conducted by a physician licensed to practice medicine, a physician's assistant as defined in G.S. 90-18.1(a), a certified nurse practitioner, or a public health nurse meeting the Department's Standards for Early Periodic Screening, Diagnosis, and Treatment Screening. This Article shall not apply to children entering kindergarten in private church schools, schools of religious charter, or qualified nonpublic schools, regulated by Article 39 of Chapter 115C of the General Statutes. Every parent, guardian, or person standing in loco parentis shall submit proof of a health assessment for each child in this State who is presented for admission into kindergarten or a higher grade in the public schools for the first time. The health assessment shall be made no more than 12 months prior to the date the child would have first been eligible for initial entry into the public schools. Within 30 calendar days of a child's first day of attendance in the public schools, a health assessment transmittal form, developed pursuant to G.S. 130A-441, indicating that the child has received the health assessment required by this section, shall be presented to the school principal. The only health assessment transmittal form utilized by public schools shall be the form developed pursuant to G.S. 130A-441. A completed health assessment transmittal form shall be presented to the principal of the school by either (i) the parent, guardian, or person standing in loco parentis or (ii) the health care provider specified in G.S. 130A-440(c), if authorized in writing by the parent, guardian, or person standing in loco parentis. At the time of enrollment, the parent, guardian, or person standing in loco parentis shall be advised that a health assessment transmittal form is needed on or before the child's first day of attendance. If a health assessment transmittal form is not presented on or before the child's first day of attendance, the principal shall present a notice of deficiency to the parent, guardian, or person standing in loco parentis. The notice of deficiency shall include at least the following information: (i) the health assessment transmittal form must be submitted to the principal within 30 calendar days of the child's first day of attendance or the child will not be permitted to attend school until the form is submitted and (ii) an explanation for how the child may make up work missed in accordance with G.S. 115C-390.2(l). The parent, guardian, or person standing in loco parentis shall have 30 calendar days from the first day of attendance to present the required health assessment transmittal form for the child. Upon termination of 30 calendar days, the principal shall not permit the child to attend the school until the required health assessment transmittal form has been presented. A child shall not be suspended for absences accrued for failure to present the required health assessment transmittal form upon the termination of 30 calendar days, and the child shall be allowed to make up work missed in accordance with G.S. 115C-390.2(l). It shall be noted in the child's official school record when the health assessment transmittal form has been received. A health assessment shall include a medical history and physical examination with screening for vision and hearing and, if appropriate, testing for anemia and tuberculosis. Vision screening shall be conducted in accordance with G.S. 130A-440.1. The health assessment may also include dental screening and developmental screening for cognition, language, and motor function. The developmental screening of cognition and language abilities may be conducted in accordance with G.S. 115C-83.5(a). The health assessment shall be conducted by a physician licensed to practice medicine, a physician's assistant as defined in G.S. 90-18.1(a), a certified nurse practitioner, or a public health nurse meeting the Department's Standards for Early Periodic Screening, Diagnosis, and Treatment Screening. This Article shall not apply to children entering private church schools, schools of religious charter, or qualified nonpublic schools, regulated by Article 39 of Chapter 115C of the General Statutes. As used in this section, "parent, guardian, or person standing in loco parentis" means parent, legal guardian, legal custodian, and caregiver adult, as those terms are used in G.S. 115C-366. History (1985 (Reg. Sess., 1986), c. 1017, s. 1; 1987, c. 114, s. 1; 1989, c. 727, s. 155; 1993, c. 124, s. 1; 1995, c. 123, s. 10; 2006-240, s. 1(b); 2012-142, s. 7A.1(h).) Section set out twice. - The section above is applicable to children enrolling in the public schools for the first time before the 2016-2017 school year. For the section as applicable to children enrolling in the public schools for the first time beginning with the 2016-2017 school year, see the following section, also numbered G.S. 130A-440 . Editor's Note. - Session Laws 1999-22, s. 1, provides that the North Carolina Children's Vision Screening Improvement Program of the Department of Health and Human Services, which is administered through Prevent Blindness North Carolina and trains and certifies vision screeners who assess children in North Carolina schools, is designated the Kenneth C. Royall, Jr. Children's Vision Screening Improvement Program in recognition of Kenneth C. Royall, Jr.'s 32 years of leadership in Prevent Blindness North Carolina and his commitment to children's vision screening. Session Laws 2012-142, s. 7A.1(i), made the last sentence in subsection (b) effective July 2, 2012, and applicable beginning with the 2013-2014 school year. The developmental screening and kindergarten entry assessment required by this section shall be administered beginning with the 2014-2015 school year. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2015-222, s. 1, effective August 18, 2015, and applicable to children enrolling in the public schools for the first time beginning with the 2016-2017 school year, deleted "Kindergarten" preceding "Children" in the Article heading. Effect of Amendments. - Session Laws 2006-240, s. 1(b), effective August 13, 2006, added the second sentence in subsection (b). Session Laws 2012-142, s. 7A.1(h), effective July 2, 2012, added the last sentence to subsection (b). For applicability, see editor's note. § 130A-440. (Applicable to children enrolling in the public schools for the first time beginning with the 2016-2017 school year) Health assessment required. History (1985 (Reg. Sess., 1986), c. 1017, s. 1; 1987, c. 114, s. 1; 1989, c. 727, s. 155; 1993, c. 124, s. 1; 1995, c. 123, s. 10; 2006-240, s. 1(b); 2012-142, s. 7A.1(h); 2015-222, s. 2.) Section set out twice. - The section above is applicable to children enrolling in the public schools for the first time beginning with the 2016-2017 school year. For the section as applicable to children enrolling in the public schools for the first time before the 2016-2017 school year, see the preceding section, also numbered G.S. 130A-440 . Editor's Note. - Session Laws 1999-22, s. 1, provides that the North Carolina Children's Vision Screening Improvement Program of the Department of Health and Human Services, which is administered through Prevent Blindness North Carolina and trains and certifies vision screeners who assess children in North Carolina schools, is designated the Kenneth C. Royall, Jr. Children's Vision Screening Improvement Program in recognition of Kenneth C. Royall, Jr.'s 32 years of leadership in Prevent Blindness North Carolina and his commitment to children's vision screening. Session Laws 2012-142, s. 7A.1(i), made the last sentence in subsection (b) effective July 2, 2012, and applicable beginning with the 2013-2014 school year. The developmental screening and kindergarten entry assessment required by this section shall be administered beginning with the 2014-2015 school year. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2015-222, s. 6, made the amendments to this section by Session Laws 2015-222, s. 2, applicable to children enrolling in the public schools for the first time beginning with the 2016-2017 school year. Effect of Amendments. - Session Laws 2006-240, s. 1(b), effective August 13, 2006, added the second sentence in subsection (b). Session Laws 2012-142, s. 7A.1(h), effective July 2, 2012, added the last sentence to subsection (b). For applicability, see editor's note. Session Laws 2015-222, s. 2, effective August 18, 2015, rewrote subsection (a); deleted "kindergarten in" following "shall not apply to children entering" near the beginning of subsection (d); and added subsection (e). For applicability, see editor's note.