NY Educ L § 904 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 19 - Medical and Health Service 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.