Ok, this just passed and was signed into law in our state, and IMHO it seems like it is discriminatory and a violation of IDEA, et. al.
Let me preface this by saying I am not against the idea, but feel that children with special needs are being unfairly treated compared to their non-special need counter parts.
My state just passed a law that will require ALL children on an IEP (current or who are in the future placed on one) to under go at the parents/care givers expense a comprehensive eye exam every year. Again, this new law applies ONLY to children who are on or being placed on an IEP. The state has put strict regulations on who can provide the exam as well. We are not talking the take your child to the doctor and see if they can read/see the chart and if not get a referral - we are talking full blow comprehensive eye exam with pupil dilation, glacoma testing, macular degeneration testing, eye pressure test, etc. Further the law has put the burden to pay for such comprehensive exam that they are requiring all IEP students to take on the parents/care givers and specifically state that the State and School district ARE NOT responsible for the payment of costs associated with said exam.
I feel this is discriminatory because it is ONLY applied to students who are on an IEP/disabled. Students who do not have an IEP are under no such requirement.
I believe this violates at least the principle behind IDEA, et. al., in that those laws are in place to identify and ensure that children with disabilities are able to receive a free fair and appropriate education regardless of their disability. IDEA, et. al., was not created to identify families that the State needs to put additional burdens upon, but rather to put a burden upon the State to ensure that children are given an education.
Now, my other concern is that there is no listed "penalty" for a parent failing to do the required eye exam, but I am worried that if a parent does not that a school district has the authority to turn the parents into children's protective services for violation of the law and neglecting the needs of their child by their refusal to do so.