Current through Register Vol. 46, No. 12, March 20, 2024
(a)
General duties of trustees and boards of education.
It shall be the duty of the trustees and boards of
education:
(1) to provide and maintain
a continuous program of school health services in accordance with this
section;
(2) except where otherwise
prohibited by law, to advise, in writing, the parent of, or other persons in
parental relation to, each student in whom any aspect of the total school
health program indicates such student has defective sight or hearing, or a
physical disability or other condition which may require professional attention
with regard to health;
(3) to
provide, where the exigencies warrant, relief in situations where the student
would otherwise be deprived of the full benefit of education through inability
to follow the instruction offered;
(4) to maintain a program of education for
the purpose of informing the school personnel, parents, non-school health
agencies, welfare agencies and the general public regarding school health
conditions, services and factors relating to the health of students;
(5) to provide for guidance to parents,
students and teachers in procedures for preventing and correcting defects and
diseases and in the general improvement of the health of students;
(6) to furnish instruction to school
personnel in procedures to follow in case of accident or illness;
(7) to provide inspections and supervision of
the health and safety aspects of the school plant;
(8) to provide health examinations before
participation in strenuous physical activity and periodically throughout the
season as necessary; and
(9) to
provide health examinations necessary for the issuance of employment
certificates, vacation work permits, newspaper carrier certificates and street
trades badges.
(b)
Examination and health history.
(1) Except in the city school district of the
city of New York, it shall be the duty of the trustees and boards of education
to require each student enrolled in the public school to have a satisfactory
health examination conducted by a duly licensed physician, physician assistant
or nurse practitioner, upon the student's entrance in such school at any grade
level and for each student entering pre-kindergarten or kindergarten and in the
1st, 3rd, 5th, 7th, 9th and 11th grades. Such examination shall be acceptable
for purposes of this section if it is administered not more than 12 months
prior to the commencement of the school year in which the examination is
required, provided however, that for the 2020-2021 school year where a student
is unable to obtain a health examination in the required grade pursuant to this
paragraph due to the COVID-19 crisis, such student shall obtain such health
examination by September 1, 2021.
(2) An examination and health history of any
student may be required by local school authorities at any time in their
discretion to promote the educational interests of such student.
(3) In all school districts, the physician,
physician assistant or nurse practitioner administering such examination shall
determine whether a one-time test for sickle cell anemia is necessary or
desirable and, if so determined, shall conduct such test and include the
results in the health certificate prepared in accordance with subdivision (c)
of this section, provided that nothing herein shall be deemed to require that a
student be tested more than once during the period the student is eligible to
attend a public school.
(c)
Health certificates and proof of
immunization.
(1) Health certificates.
It shall be the duty of the trustees and boards of education to require that
each student, within 30 days after his or her entrance into school and within
30 days after his or her entry into prekindergarten or kindergarten, 1st, 3rd,
5th, 7th, 9th and 11th grades, submit to the principal or the principal's
designee a health certificate that meets the requirements of this paragraph,
provided that no health certificate shall be required of a student for which an
accommodation for religious beliefs is made pursuant to subdivision (f) of this
section, provided further, however, that for the 2020-2021 school year where a
student is unable to obtain a health certificate in the required grade pursuant
to this paragraph due to the COVID-19 crisis, such student shall submit such
health examination by September 1, 2021.
(i)
The health certificate shall:
(a) be on a
form prescribed the commissioner and signed by a duly licensed physician,
physician assistant, or nurse practitioner, who is:
(1) authorized by law to practice in this
State, and consistent with any applicable written practice agreement;
or
(2) authorized to practice in
the jurisdiction in which the examination was given, provided that the
commissioner has determined that such jurisdiction has standards of licensure
and practice comparable to those of New York;
(b) describe the condition of the student
when the examination prescribed in subdivision (b) of this section was made,
which examination shall not have been given more than 12 months prior to the
commencement of the school year in which the examination is required;
(c) state the results of any test conducted
on the student for sickle cell anemia pursuant to this section;
(d) state whether such student is in a fit
condition of health to permit his or her attendance at the public schools and,
where applicable, whether the student has defective sight or hearing, has
received scoliosis screening in the grades required by subdivision (e) of this
section or has any other physical disability which may tend to prevent the
student from receiving the full benefit of school work or from receiving the
best educational results, or which may require a modification of such work to
prevent injury to the student;
(e)
each such certificate shall also state the student's body mass index (BMI) and
weight status category in accordance with Education Law section 903. F or
purposes of this subdivision, BMI is computed as the weight in kilograms
divided by the square of height in meters or the weight in pounds divided by
the square of height in inches multiplied by a conversion factor of 703. Weight
status categories for children and adolescents shall be as defined by the
Commissioner of Health.
(ii) The health certificate shall be filed in
the student's cumulative record.
(iii) The principal or the principal's
designee shall send a notice to the parents of, or person in parental
relationship to, any student who does not present a health certificate, unless
he or she has been accommodated on grounds of religious beliefs pursuant to
subdivision (f) of this section, that if the required health certificate is not
furnished within 30 days from the date of such notice, an examination by health
appraisal will be made of such student by the director of school health
services pursuant to subdivision (d) of this section.
(2) Immunizations. It shall be the duty of
the trustees and boards of education to require that every student entering or
attending school provide proof of immunization against certain diseases in
accordance with the provisions of Public Health Law section
2164(7)(a).
(d)
Examination by health
appraisal.
(1) Each principal or
principal's designee shall report to the director of school health services
having jurisdiction over such school, the names of all students who are
required to and have not furnished health certificates pursuant to subdivision
(c) of this section, or who are students with disabilities.
(2) The director of school health services
shall cause such students to be separately and carefully examined and tested to
ascertain whether any such student has defective sight or hearing, or any other
physical disability which may tend to prevent the student from receiving the
full benefit of school work or from receiving the best educational results, or
which may require a modification of such work to prevent injury to the
student.
(3) Each examination shall
also include a calculation of the student's body mass index (BMI) and weight
status category in accordance with Education Law section 904. F or purposes of
this subdivision, BMI is computed as the weight in kilograms divided by the
square of height in meters or the weight in pounds divided by the square of
height in inches multiplied by a conversion factor of 703. Weight status
categories for children and adolescents shall be as defined by the Commissioner
of Health.
(4) In all school
districts, the physician, physician assistant or nurse practitioner
administering such examination shall determine whether a one-time test for
sickle cell anemia is necessary or desirable and, if so determined, shall
conduct such test and include the results in the health certificate prepared in
accordance with subdivision (c) of this section, provided that nothing herein
shall be deemed to require that a student be tested more than once during the
period the student is eligible to attend a public school.
(5) If it should be ascertained, upon such
test or examination, that any students have defective sight or hearing, or
other physical disability, including sickle cell anemia, the principal or
principal's designee shall notify the student's parents or persons in parental
relation as to the existence of such disability. If the parents or persons in
parental relation are unable or unwilling to provide the necessary relief and
treatment for such students, such fact shall be reported by the principal or
principal's designee to the director of school health services, whose duty it
shall be to provide relief for such students.
(e)
Health screenings.
(1) It shall be the duty of trustees and
boards of education to provide:
(i) scoliosis
screening once each school year for male students in grade 9, and for female
students in grades 5 and 7, unless the scoliosis screening is documented on the
student's health certificate. Such screening shall include the examination of
the student's unclothed back while bending forward at the waist, including the
cervical, thoracic, lumbar and sacral vertebral segments by viewing from the
front, back and sides under adequate illumination and observing the existing
range of motion of the spine in all directions. Such screening shall be
provided by licensed health professionals with appropriate training, including,
but not limited to, a registered professional nurse, a school nurse teacher, a
nurse practitioner, a physician assistant, a physical therapist, or a
physician. The positive results of any such screening examinations for the
presence of scoliosis shall be in writing and the parent of, or person in
parental relation to, any student in whom the presence of scoliosis is found
shall be advised of such results by the school authorities within 90 days after
such finding. The requirements of this subparagraph relating to examination for
scoliosis may be waived by the commissioner upon the filing with the
commissioner of a resolution, duly adopted by a board of education following a
public hearing on such proposed resolution, stating that the school district
does not have the capability to comply with this subparagraph relative to the
examination for scoliosis and that such compliance would place a financial
burden upon the school district. The district shall provide, in addition to the
resolution, the date of the public hearing, a report of the findings from the
hearing. The resolution shall be filed no later than October 1st of each school
year. A waiver of this requirement by the commissioner shall be valid for one
school year;
(ii) vision screening,
if not documented on the health certificate, to all students who enroll in a
school of this State including at a minimum color perception, distance acuity,
and near vision within six months of admission to the school; in addition, all
students shall be screened for distance acuity and near vision in grades
pre-kindergarten or kindergarten, 1, 3, 5, 7 and 11 and at any other time
deemed necessary; the results of all such vision screening examinations shall
be in writing and shall be provided to the pupil's parent or person in parental
relation and to any teacher of the pupil within the school while the pupil is
enrolled in the school.
(iii)
hearing screening, if not documented on the health certificate to all students
within six months of admission to the school and in grades pre-kindergarten or
kindergarten, 1, 3, 5, 7 and 11, and at any other time deemed necessary; such
screening shall include, but not be limited to, pure tone screening; the
results of any such hearing tests requiring a follow up examination shall be in
writing and shall be provided to the pupil's parent or person in parental
relation and to any teacher of the pupil within the school while the pupil is
enrolled in the school.
(2) The results of all health screenings
(dental, hearing, vision and scoliosis) shall be recorded in the student's
cumulative health record which shall be maintained by the school for at least
as long as the minimum retention period for such records, as prescribed by the
commissioner pursuant to article 57-A of the Arts and Cultural Affairs Law. The
trustees or board of education shall ensure that the health professional making
the examination shall sign the cumulative health record and make appropriate
recommendations.
(3) The hearing,
vision, and scoliosis screenings required pursuant to paragraph (1) of this
subdivision shall be waived for the 2020-21 school year due to the COVID-19
crisis, unless such screening has otherwise been deemed
necessary.
(f)
Accommodation for religious beliefs.
Notwithstanding the provisions of this section, no health
examinations, health history, examinations for health appraisal, screening
examinations for sickle cell anemia and/or other health screenings shall be
required where a student or the parent or person in parental relation to such
student objects thereto on the grounds that such examinations, health history
and/or screenings conflict with their genuine and sincere religious beliefs. A
written and signed statement from the student or the student's parent or person
in parental relation that such person holds such beliefs shall be submitted to
the principal or the principal's designee in which case the principal or
principal's designee may require supporting documents.
(g)
Student health records.
The health records of individual students shall be kept
confidential in accordance with the Federal Family Educational Rights and
Privacy Act (FERPA) and any other applicable Federal and State laws.
(h)
Exclusion from school of
student with communicable disease.
Whenever, upon investigation and evaluation by the director
of school health services, or the school nurse, nurse practictioner, or
physician assistant acting upon direction or referral of such director for
assessment, care and treatment, a student in the public schools shows symptoms
of any communicable or infectious disease reportable under the Public Health
Law that imposes a significant risk of infection of others in the school, he or
she shall be excluded from the school and sent home immediately, in a safe and
proper conveyance. The director of school health services may examine any
student returning to school following an absence due to illness or unknown
cause, who is without a certificate from a local public health officer, a duly
licensed physician, physician assistant or a nurse practitioner, to determine
that such student does not pose a threat to the school community.
(i)
Health examination of
employees and school premises.
To protect students and staff from communicable diseases,
the director of school health services, a registered professional nurse, nurse
practitioner or physician assistant acting upon direction or referral of such
director, may make such assessments of teachers and any other school employees,
school buildings and premises as, in their discretion, they may deem
necessary.
(j)
Condom
availability.
Boards of education or trustees that elect to make condoms
available to pupils as part of its program of school health services shall
assure that adequate personal health guidance is provided to each pupil
receiving condoms in the manner prescribed by section
135.3(c)(2)(ii)
of this Title.
(k)
Dental health certificates.
(1)
It shall be the duty of the trustees and boards of education to request that
each student, within 30 days after such student's entrance into school and
within 30 days after such student's entry into the 1st, 3rd, 5th, 7th and 9th
grades, submit to the principal or the principal's designee a dental health
certificate that meets the requirements of this subdivision; provided that no
dental health certificate shall be requested of a student for which an
accommodation for religious beliefs is made pursuant to subdivision (f) of this
section.
(i) The dental health certificate
shall:
(a) be signed by a duly licensed
dentist or a registered dental hygienist who is:
(1) authorized by law to practice in this
State, and consistent with any applicable written practice agreement;
or
(2) authorized to practice in
the jurisdiction in which the assessment was given, provided that the
commissioner has determined that such jurisdiction has standards of licensure
and practice comparable to those of New York;
(b) describe the dental health condition of
the student when the assessment was made, which assessment shall not have been
given more than 12 months prior to the commencement of the school year in which
the assessment is requested; and
(c) state whether such student is in fit
condition of dental health to permit his or her attendance at the public
schools.
(ii) Within 30
days after the student's entrance in such school or grades, the dental health
certificate, if obtained, shall be filed in the student's cumulative health
record.
(2) An
examination and dental health history of any child may be requested by the
local school authorities at any time in their discretion to promote the
educational interests of such child.
(3) It shall be the duty of the trustees and
boards of education to ensure that a notice of request for dental health
certificates be distributed at the same time that parents of, or persons in
parental relationship to, students are notified of health examination
requirements. The notice shall include a statement that a list of dental
practices, dentists and registered dental hygienists to which children may be
referred for dental services on a free or reduced cost basis is available upon
request at the child's schools. Such list shall be as prescribed by the
commissioner and shall be made available by school districts to parents or
persons in parental relationship upon request.