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New York Education - Article 19 - § 905 Record of Screening Examinations for Vision, Hearing and Scoliosis

Legal Research Home > New York Laws > Education > New York Education - Article 19 - § 905 Record of Screening Examinations for Vision, Hearing and Scoliosis


Education 
 
    § 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.
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Last modified: February 15, 2014