S T A T E O F N E W Y O R K
________________________________________________________________________
8186
2013-2014 Regular Sessions
I N A S S E M B L Y
October 4, 2013
___________
Introduced by M. of A. MARKEY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to including psycholog-
ical screening for students in public schools as part of the required
health certificate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 903 of the education law, as sepa-
rately amended by chapter 281 and section 11 of part B of chapter 58 of
the laws of 2007, is amended to read as follows:
1. A health certificate shall be furnished by each student in the
public schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional interests of such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with any
applicable written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized to prac-
tice in the jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction has stand-
ards of licensure and practice comparable to those of New York. Each
such certificate shall describe the condition of the student when the
examination was made, which shall not be more than twelve months prior
to the commencement of the school year in which the examination is
required, and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools. EACH SUCH
CERTIFICATE SHALL ALSO STATE THAT A PSYCHOLOGICAL EXAMINATION WAS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08376-01-3
A. 8186 2
PERFORMED AND THAT THE CHILD IS MENTALLY FIT TO PERMIT ATTENDANCE AT
SCHOOL. Each such certificate shall also state 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 cate-
gories for children and adolescents shall be as defined by the commis-
sioner 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 a test and the certificate shall state the results.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.