NY Educ L § 905 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 19 - Medical and Health Service 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.