N.Y. Education Law § 905: Record of screening examinations for vision, hearing and scoliosis

§ 905. Record of screening examinations for vision, hearing and

scoliosis. 1. The director of school health services of each school

district in this state that is required to provide school health

services, or the health department or agency otherwise responsible to

provide such services, shall conduct screening examinations of vision,

hearing, and scoliosis of all students at such times and as defined in

the regulations of the commissioner, and at any time deemed necessary.

2. Notwithstanding any other provisions of any general, special or

local law, the school authorities charged with the duty of making such

screening examinations of students for the presence of scoliosis

pursuant to this section shall not suffer any liability to any person as

a result of making such screening examination, which liability would not

have existed by any provision of law, statutory or otherwise, in the

absence of this section. The positive results of any such screening

examinations of students for the presence of scoliosis shall be in

writing and the parent of, or person in parental relation to, any child

in whom the presence of scoliosis is found shall be advised of such

results by the school authorities within ninety days after the finding

of the presence of scoliosis is made.

3. The provisions of this section relative to examination for

scoliosis shall be waived by the commissioner upon the filing, in

accordance with rules and regulations to be established and promulgated

by the commissioner, of a resolution, duly adopted by a board of

education, stating that the school district does not have the capability

to comply with this section relative to the examination for scoliosis

and that such compliance would place a financial cost upon the school

district, provided, however, that such resolution may not be adopted

prior to the holding of a public hearing on such proposed resolution.

Such rules and regulations to be established and promulgated by the

commissioner in accordance with this section shall include, but not be

limited to, the date for filing such resolution by a board of education

and to the dates for filing subsequent resolutions.

4. Vision screening examinations of students in the schools of this

state made pursuant to subdivision one of this section, or made pursuant

to the by-laws, regulations or practices of the board of education of

the city school district of the city of New York, shall be subject to

the provisions of this subdivision, and where inconsistent herewith, the

provisions of this subdivision shall prevail. In addition to any vision

screening examinations otherwise required by the provisions or practices

cited in this subdivision, all students who enroll in a school of this

state shall be tested for color perception, distance acuity and near

vision within six months of admission to the school, or by such other

date as may be prescribed in the regulations of the commissioner. The

results of any such vision screening examinations, whether made pursuant

to this subdivision or pursuant to the provisions or practices cited in

this subdivision, shall be in writing and shall be made available to the

student's parent or person in parental relation and to any teacher of

the student within the school while the student is enrolled in the

school, and shall be kept in a permanent file of the school for at least

as long as the minimum retention period for such records, as prescribed

by the commissioner pursuant to article fifty-seven-A of the arts and

cultural affairs law.

5. Notwithstanding any provision of this section to the contrary, no

screening examinations for vision, hearing, or scoliosis condition 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

conflict with their genuine and sincere religious beliefs.