N.Y. Education Law § 903: Students to furnish health certificates; and dental health certificates

§ 903. Students to furnish health certificates; and dental health

certificates. 1. A health certificate shall be furnished by each

student in the public schools upon his or her entrance in such schools

and upon his or her entry into the grades prescribed by the commissioner

in regulations, provided that such regulations shall require such

certificates at least twice during the elementary grades and twice in

the secondary grades. An examination and health history of any child may

be required by the local school authorities at any time in their

discretion to promote the educational interests of such child. Each

certificate shall be signed by a duly licensed physician, physician

assistant, or nurse practitioner, who is authorized by law to practice

in this state, and consistent with subdivision three of section six

thousand nine hundred two of this chapter, or by a duly licensed

physician, physician assistant, or nurse practitioner, who is 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.

Each such certificate shall describe the condition of the student when

the examination was made, which shall not be more than twelve months

prior to the commencement of the school year in which the examination is

required, and shall state whether such student is in a fit condition of

health to permit his or her attendance at the public schools. The

examination may include a diabetes risk analysis. Each such certificate

shall also state the student's body mass index (BMI) and weight status

category. For purposes of this section, 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. In all

school districts such physician, physician assistant or nurse

practitioner shall determine whether a one-time test for sickle cell

anemia is necessary or desirable and he or she shall conduct such a test

and the certificate shall state the results.

2. a. A dental health certificate shall be requested from each

student. Each student is requested to furnish a dental health

certificate at the same time that health certificates are required. An

assessment 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. Each certificate shall be

signed by a duly licensed dentist, or a registered dental hygienist who

is authorized by law to practice in this state, and consistent with any

applicable written practice agreement, or by a duly licensed dentist or

registered dental hygienist who is 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. Each such

certificate shall describe the dental health condition of the student

when the assessment was made, which shall not be more than twelve months

prior to the commencement of the school year in which the assessment is

requested, and shall state whether such student is in fit condition of

dental health to permit his or her attendance at the public schools.

b. A notice of request for dental health certificates shall be

distributed at the same time that parents or person in parental

relationship to students are notified of health examination requirements

and shall state 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

school. The department shall, in collaboration with the department of

health, compile and maintain 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. Such list shall be made

available to all public schools and be made available to parents or

person in parental relationship upon request. The department shall

promulgate regulations to ensure the gathering and dissemination of the

proper information to interested parties.

3. a. Within thirty days after the student's entrance in such schools

or grades, the health certificate shall be submitted to the principal or

his or her designee and shall be filed in the student's cumulative

health record. If such student does not present a health certificate as

required in this section, unless he or she has been accommodated on

religious grounds, the principal or the principal's designee shall cause

a notice to be sent to the parents or person in parental relationship to

such student that if the required health certificate is not furnished

within thirty days from the date of such notice, an examination will be

made of such student, as provided in this article. Each school and

school district chosen as part of an appropriate sampling methodology

shall participate in surveys directed by the commissioner of health

pursuant to the public health law in relation to students' BMI and

weight status categories as reported on the school health certificate

and which shall be subject to audit by the commissioner of health. Such

surveys shall contain the information required pursuant to subdivision

one of this section in relation to students' BMI and weight status

categories in aggregate. Parents or other persons in parental relation

to a student may refuse to have the student's BMI and weight status

category included in such survey. Each school and school district shall

provide the commissioner of health with any information, records and

reports he or she may require for the purpose of such audit. The BMI and

weight status survey and audit as described in this subdivision shall be

conducted consistent with confidentiality requirements imposed by

federal law.

b. Within thirty days after the student's entrance in such schools or

grades, the dental health certificate, if obtained, shall be filed in

the student's cumulative health record.

4. Notwithstanding the provisions of subdivisions one, two and three

of this section, no examinations for a health certificate or health

history shall be required or dental certificate requested, and no

screening examinations for sickle cell anemia 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 or health history

conflict with their genuine and sincere religious beliefs.