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Injunction stops mandatory eye exams for kindergartners
By Derek Hodges
A Superior Court judge has stopped a state law that would require all kindergarten students to have an eye exam.
Judge Leon Stanback last week issued an injunction prohibiting the “implementation, administration and enforcement” of the Comprehensive Eye Exam Law.
The legislation, which was enacted Aug. 11 as an amendment to the state’s public health laws, requires all children to have an eye exam within the six months prior to their starting kindergarten.
Led by Wake County, 87 school districts across the state – including Jackson County Schools – filed suit to stop the law. They were joined in their fight by the N.C. School Boards Association.
School leaders sought to stop the law, which they view as an unconstitutional hindrance to public education. The N.C. Constitution guarantees a “system of free public schools.” Those filing the suit argued requiring eye exams amounts to charging for education. The high cost of eye exams could make attending school difficult or nearly impossible for some students, they said.
Stanback’s order halts implementation of the law until July 1, 2007. Jackson County Superintendent Sue Nations is among those who hope the law will never take effect.
Nations said she is pleased the law will at least see a delayed implementation.
“I am glad that kids will be able to register for kindergarten and begin attending school as scheduled this fall,” she said. “I think this is a wise decision.”
Further hearings on the issue will not be held until October. State lawmakers will meet again in May for a short legislative session.
According to Rep. Phil Haire (D-Sylva) and Sen. John Snow (D-Murphy), who represent Jackson County in the General Assembly, the law will likely face amendment or repeal during that session.
“I think the law is well intentioned. I think it has been misconstrued,” Haire said. “I think there will be some amendments made to that law, even to the extent that it might be repealed.”
Haire pointed to figures that indicate more than 30 percent of children with vision problems are missed by the vision test school systems currently require.
“The scientific evidence speaks for itself,” Haire said. “If it was your child that got missed, what would it be worth to you?”
Haire also said he believes $2 million lawmakers set aside to fund the exams for low-income families should appease fears that it will keep poor students out of class.
“I know what the law says, but I can’t see a principal keeping a child out of school because they haven’t had an eye exam,” Haire said.
Any amendments would be drawn from a compromise between supporters and opponents of the law, he said.
According to Snow, repeal, not amendment, may be on the minds of most lawmakers.
“As soon as we can get back into the Legislature, I think that will be repealed,” Snow said. “I certainly don’t think it’s the right thing to do.”
Some have questioned whether House Speaker Jim Black’s job as an optometrist and campaign support of some legislators by eye doctors was motivation for the law.
“You look at the jobs some of these people in the legislature have and it makes you wonder,” Nations said. “I’m sure their intent was good, but people have to draw their own conclusions.”
Haire said he doesn’t think Black’s job factored into the legislation.
“I don’t think it had anything to do with it,” Haire said. “I think it’s part of the governor’s efforts to improve early childhood education.”
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