N.Y. Education Law § 904: Examinations by health appraisal

§ 904. Examinations by health appraisal. 1. Each principal of a public

school, or his or her designee, shall report to the director of school

health services having jurisdiction over such school, the names of all

students who have not furnished health certificates as provided in

section nine hundred three of this article, or who are children with

disabilities, as defined by article eighty-nine of this chapter, and the

director of school health services shall cause such students to be

separately and carefully examined and tested to ascertain whether any

student has defective sight or hearing, or any other physical disability

which may tend to prevent him or her from receiving the full benefit of

school work, or from requiring a modification of such work to prevent

injury to the student or from receiving the best educational results.

Each examination shall also include a calculation of 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 tests and the certificate shall state the

results. If it should be ascertained, upon such test or examination,

that any of such students have defective sight or hearing, or other

physical disability, including sickle cell anemia, as above described,

the principal or his or her designee shall notify the parents of, or

other persons in parental relation to, the child as to the existence of

such disability. If the parents or other 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 his

or her designee to the director of school health services, whose duty it

shall be to provide relief for such students. 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 determined by the examination conducted pursuant to this

section and which shall be subject to audit by the commissioner of

health. Such surveys shall contain the information required pursuant to

this subdivision 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 section shall be

conducted consistent with confidentiality requirements imposed by

federal law. Data collection for such surveys shall commence on a

voluntary basis at the beginning of the two thousand seven academic

school year, and by all schools chosen as part of the sampling

methodology at the beginning of the two thousand eight academic school

year. The department shall also utilize the collected data to develop a

report of child obesity and obesity related diseases.

2. Notwithstanding the provisions of subdivision one of this section,

no examinations shall be required pursuant to this section where a

student or the parent or person in parental relation to such student

objects thereto on the grounds that such examinations conflict with

their genuine and sincere religious beliefs.