S T A T E O F N E W Y O R K
________________________________________________________________________
5813
2011-2012 Regular Sessions
I N S E N A T E
June 17, 2011
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to health and welfare
services to all children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 912 of the education law, as amended by chapter 477
of the laws of 2004, is amended to read as follows:
S 912. Health and welfare services to all children. The voters and/or
trustees or board of education of every school district shall, upon
request of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the health and
welfare services and facilities which are made available by such voters
and/or trustees or board of education to or for children attending the
public schools of the district. Such services may include, but are not
limited to all services performed by a physician, physician assistant,
dentist, dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also include dental prophylaxis, vision and hearing
screening examinations, the taking of medical histories and the adminis-
tration of health screening tests, the maintenance of cumulative health
records and the administration of emergency care programs for ill or
injured students. Any such services or facilities shall be so provided
notwithstanding any provision of any charter or other provision of law
inconsistent herewith. Where children residing in one school district
attend a school other than public located in another school district,
the school authorities of the district of residence shall contract with
the school authorities of the district where such nonpublic school is
located, for the provision of such health and welfare services and
facilities to such children by the school district where such nonpublic
school is located, for a consideration to be agreed upon between the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11413-01-1
S. 5813 2
school authorities of such districts, subject to the approval of the
qualified voters of the district of residence when required under the
provisions of this chapter. Every such contract shall be in writing and
in the form prescribed by the commissioner, and before such contract is
executed the same shall be submitted for approval to the superintendent
of schools having jurisdiction over such district of residence and such
contract shall not become effective until approved by such superinten-
dent. FOR PURPOSES OF THIS SECTION, IN THE CASE OF A NON-PUBLIC SCHOOL
IN WHICH A MAJORITY OF THE STUDENTS OF SUCH SCHOOL RESIDE IN A SINGLE
SCHOOL DISTRICT OTHER THAN THE ONE IN WHICH THE SCHOOL IS LOCATED, THEN
SUCH DISTRICT IN WHICH A MAJORITY OF NON-PUBLIC SCHOOL STUDENTS RESIDE
SHALL PROVIDE SERVICES TO ALL NON-PUBLIC SCHOOL STUDENTS IN THE SCHOOL
AS IF THEY ATTEND SCHOOL WITHIN SUCH DISTRICT, AND SHALL CONTRACT WITH
OTHER SCHOOL DISTRICTS, INCLUDING THE SCHOOL DISTRICT IN WHICH SUCH
SCHOOL IS LOCATED, AS IF THE STUDENTS ATTEND SCHOOL WITHIN THE DISTRICT
IN WHICH A MAJORITY OF NON-PUBLIC SCHOOL STUDENTS RESIDE.
S 2. This act shall take effect immediately.