N.Y. Education Law § 3208: Attendance; screening of new entrants; prohibition against mandatory medication

* § 3208. Attendance; screening of new entrants; prohibition against

mandatory medication. 1. A person included by the provisions of this

part shall be required to attend upon instruction only if in proper

mental and physical condition.

2. A person whose mental or physical condition is such that his or her

attendance upon instruction under the provisions of this part would

endanger the health or safety of such person or of others shall not be

permitted to attend, provided that nothing in this section shall be

construed to authorize a denial of access to education based on

disability in violation of state or federal law.

3. If a person's mental or physical condition, by virtue of which he

or she is not required or permitted to attend upon instruction, is due

to a mental or physical condition which may be remedied by the taking of

reasonable measures, such mental or physical condition shall justify

only the temporary failure of the person to attend.

4. The determination of mental or physical condition under the

provisions of this part shall be based upon actual examination made by a

person or persons qualified by appropriate training and experience, in

accordance with regulations of the department. The department shall

designate persons having the required qualifications to make such mental

or physical examinations on behalf of any local school authorities,

except that in a city having a population of one million or more the

superintendent of schools shall designate such persons.

4-a. Officers or employees of the state, a school district, a board of

cooperative educational services, a charter school, an approved private

school for the education of students with disabilities approved pursuant

to paragraph e, f, g or h of subdivision two of section forty-four

hundred one of this chapter, an approved provider of preschool special

education approved pursuant to section forty-four hundred ten of this

chapter or a state-supported school operating pursuant to article

forty-five of this chapter, shall be prohibited from requiring a child

who is entitled to attend school pursuant to subdivision one of section

thirty-two hundred two of this part to obtain a prescription for a

substance covered by the federal controlled substances act, section

eight hundred one of title twenty-one of the United States code, et

seq., as a condition of attending school, receiving an evaluation or

reevaluation pursuant to article eighty-nine of this chapter or any

other provision of law relating to students with disabilities or

receiving special education programs or services.

5. a. Each board of education or trustees of each school district

shall provide for the screening of every new entrant to school to

determine which pupils are or may be children with disabilities or

gifted children, as well as all pupils who score below level two on

either the third grade English language arts or mathematics assessments

for New York state elementary schools, in accordance with regulations of

the commissioner to determine whether such pupils may have disabilities.

b. Such screening shall include, but not be limited to:

(1) A physical examination pursuant to the provisions of sections nine

hundred one, nine hundred three and nine hundred four of this chapter,

including proof of immunization as required by section twenty-one

hundred sixty-four of the public health law.

(2) A language development assessment.

c. If such screening indicates a suspected disability, which may

require the provision of special education services or programs, a

referral shall be made to the committee on special education.

d. If such screening indicates a possibly gifted child, the name and

finding shall be reported to the superintendent of schools of such

district and to the parent or legal guardian of such child. Such

notification shall not be construed as an entitlement for services for

any such child identified as possibly gifted.

* NB Effective until June 30, 2027

* § 3208. Attendance; proper mental and physical condition. 1. A

person included by the provisions of part one of this article shall be

required to attend upon instruction only if in proper mental and

physical condition.

2. A person whose mental or physical condition is such that his

attendance upon instruction under the provisions of part one of this

article would endanger the health or safety of himself or of others

shall not be permitted to attend.

3. If a person's mental or physical condition, by virtue of which he

is not required or permitted to attend upon instruction, is due to

physical defects or to a physical condition which may be remedied by the

taking of reasonable measures, such mental or physical condition shall

justify only the temporary failure of the person to attend.

4. The determination of mental or physical condition under the

provisions of part one of this article shall be based upon actual

examination made by a person or persons qualified by appropriate

training and experience, in accordance with regulations of the state

education department. The state education department shall designate

persons having the required qualifications to make such mental or

physical examinations on behalf of any local school authorities, except

that in a city having a population of one million or more the

superintendent of schools shall designate such persons.

5. a. Each board of education or trustees of each school district

shall provide for the screening of every new entrant to school to

determine which pupils are or may be children with handicapping

conditions or gifted, as well as all pupils who score below level two on

either the third grade reading or mathematics tests for New York state

elementary schools and all students who obtain a comparable percentile

score on the regents preliminary competency test, in accordance with

regulations of the commissioner to determine whether such pupils may

have handicapping conditions.

b. Such screening shall include, but not be limited to:

(1) A physical examination pursuant to the provisions of sections nine

hundred one, nine hundred three and nine hundred four of this chapter,

including proof of immunization as required by section twenty-one

hundred sixty-four of the public health law.

(2) A language development assessment.

c. If such screening indicates a suspected handicapping condition,

which may require the provision of special education services or

programs, a referral shall be made to the committee on special

education.

d. If such screening indicates a possibly gifted child, the name and

finding shall be reported to the superintendent of schools of such

district and to the parent or legal guardian of such child. Such

notification shall not be construed as an entitlement for services for

any such child identified as possibly gifted.

* NB Effective June 30, 2027