Senate Bill S912

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   912

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to screening of  students
  for eating disorders

  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 section 11 of part B of chapter 58 and chapter 281  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 the student's body  mass  index  (BMI)  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02830-01-3

S. 912                              2

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 multi-
plied  by a conversion factor of 703. Weight status categories for chil-
dren and adolescents shall be as defined by the commissioner of  health.
FURTHERMORE,  EACH  SUCH  CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE
STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED  PURSU-
ANT  TO  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER OF HEALTH. In all
school districts such physician, physician assistant  or  nurse  practi-
tioner 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. Subdivision 1 of section 904 of the education law, as amended  by
section  12  of  part B of chapter 58 of the laws of 2007, is amended to
read as follows:
  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,
AN EATING DISORDER, 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 examina-
tion 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, AN EATING DISORDER, or  other  physical
disability,  including sickle cell anemia, as above described, the prin-
cipal 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 OR DISORDER.  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  princi-
pal  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 methodol-
ogy 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

S. 912                              3

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 methodol-
ogy 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.
  S 3. This act shall take effect on the first of July  next  succeeding
the  date  on which it shall have become a law, provided that, effective
immediately, any  rules  and  regulations  necessary  to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.