About that story of drops in childhood hearing and vision screenings
The Charlotte-Mecklenburg school district interpretation of the Parents' Bill of Right is the cause
A recent article in the Charlotte Observer says health screenings for hearing and vision have “dramatically” dropped off in a couple of school districts, but the article focuses mainly in the Charlotte-Mecklenburg school district (CMS).
The cause is the school boards interpretation of the Parents’ Bill of Rights (PBR). These boards have made these screenings Opt-in instead of the default Opt-out.
Nowhere in the PBR does it say districts have to require parents to opt-in to health screenings. It does say parents have to be notified of health surveys and parents can "opt in" to data collection and participation in surveys.
The PBR is very specific about medical treatment, which it defines as "Any medical procedure or treatment, including X-rays, the administration of drugs, blood transfusions, use of anesthetics, and laboratory or other diagnostic procedures employed by or ordered by a health care practitioner, that is used, employed, or ordered to be used or employed commensurate with the exercise of reasonable care and equal to the standards of medical practice normally employed in the community where the health care practitioner administers treatment to the minor child."
Under this definition, CMS' board of education, as well as the others mentioned in the Charlotte Observer article, decided a vision and hearing check is a medical procedure or treatment.
The PBR also is specific about parental consent "for treatment."
"§ 90-21.10B. Parental consent for treatment.
(a) Except as otherwise provided in this Article or by court order, a health care practitioner shall not provide, solicit, or arrange treatment for a minor child without first obtaining written or documented consent from that minor child's parent.
(b) Except as otherwise provided in this Article or by court order, a health care facility shall not allow treatment to be performed on a minor child in its facility without first obtaining written or documented consent from that minor child's parent.
(c) This section does not apply to services provided by a clinical laboratory unless the services are delivered through a direct encounter with the minor child at the clinical laboratory facility.
Current state statute defines "treatment" as:
§ 90‑21.2. "Treatment" defined. The word "treatment" as used in G.S. 90‑21.1 is hereby defined to mean any medical procedure or treatment, including X rays, the administration of drugs, blood transfusions, use of anesthetics, and laboratory or other diagnostic procedures employed by or ordered by a physician licensed to practice medicine in the State of North Carolina that is used, employed, or ordered to be used or employed commensurate with the exercise of reasonable care and equal to the standards of medical practice normally employed in the community where said physician administers treatment to said minor. (1965, c. 810, s. 2.)
The NC State Board of Education's ESDB-032: Parental Involvement Policy also addresses the issue.
Under section 3, "Opportunities to Withhold Consent/Opt Out Notifications," annual notifications to parents to "opt out" include "their child’s participation in any non-emergency, invasive physical examination or screening that is: (a) required as a condition of attendance; (b) administered and scheduled in advance by the school administration; and (c) not necessary to protect the immediate health and safety of students."
More To The Story
CMS’ board, in particular, has not hidden its opposition to the PBR.
One take here is that these boards are using these screenings to bring pain to the General Assembly over the PBR — and using children to do it. This is bolstered by the fact that the vast majority of the 115 school districts in the state are interpreting this section the same way the boards cited by the Charlotte Observer are when it comes to vision and hearing screenings.
Another take is that these boards are just inept and lazy. These school boards, to my knowledge, did not seek any clarification from the State Board of Education, Department of Public Instruction, nor the General Assembly.
Still another way to look at this is that families who had been opted-in automatically in the past either do not want these screenings or, alternatively, are missing the notification to opt-in.