S T A T E O F N E W Y O R K
________________________________________________________________________
3049
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to requiring dental
health certificates to be furnished by a student at the same time that
health certificates are required
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 903 of the education
law, subdivision 2 as amended by section 1 of part S of chapter 57 of
the laws of 2013, subdivisions 3 and 4 as amended by chapter 281 of the
laws of 2007, and paragraph a of subdivision 3 as amended by section 28
of part A of chapter 58 of the laws of 2008, are amended to read as
follows:
2. a. A dental health certificate shall be [requested from] FURNISHED
BY each student[. Each student is requested to furnish a dental health
certificate] at the same time that health certificates are required. An
assessment and dental health history of any child may be requested by
the local school authorities at any time in their discretion to promote
the educational interests of such child. Each certificate shall be
signed by a duly licensed dentist, or a registered dental hygienist who
is authorized by law to practice in this state, and consistent with any
applicable written practice agreement, or by a duly licensed dentist or
registered dental hygienist who is authorized to practice in the juris-
diction in which the assessment was given, provided that the commission-
er has determined that such jurisdiction has standards of licensure and
practice comparable to those of New York. Each such certificate shall
describe the dental health condition of the student when the assessment
was made, which shall not be more than twelve months prior to the
commencement of the school year in which the assessment is requested,
and shall state whether such student is in fit condition of dental
health to permit his or her attendance at the public schools.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02949-01-1
A. 3049 2
b. A notice of [request for] dental health [certificates] CERTIFICATE
REQUIREMENTS shall be distributed at the same time that parents or
person in parental relationship to students are notified of health exam-
ination requirements and shall state that a list of dental practices,
dentists and registered dental hygienists to which children may be
referred for dental services on a free or reduced cost basis is avail-
able upon request at the child's school. The department shall, in
collaboration with the department of health, compile and maintain a list
of dental practices, dentists and registered dental hygienists to which
children may be referred for dental services on a free or reduced cost
basis. Such list shall be made available to all public schools and be
made available to parents or person in parental relationship upon
request. The department shall promulgate regulations to ensure the gath-
ering and dissemination of the proper information to interested parties.
3. [a.] Within thirty days after the student's entrance in such
schools or grades, the health certificate AND DENTAL HEALTH CERTIFICATE
shall be submitted to the principal or his or her designee and shall be
filed in the student's cumulative health record. If such student does
not present a health certificate OR DENTAL HEALTH CERTIFICATE as
required in this section, unless he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate is not furnished
within thirty days from the date of such notice, an examination will be
made of such student, as provided in this article. Each school and
school district chosen as part of an appropriate sampling methodology
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 reported on the school health certificate
and which shall be subject to audit by the commissioner of health. Such
surveys shall contain the information required pursuant to subdivision
one of this section in relation to students' BMI and weight status cate-
gories in aggregate. Parents or other persons in parental relation to a
student may refuse to have the student's BMI and 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 subdivision shall be
conducted consistent with confidentiality requirements imposed by feder-
al law.
[b. Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall be filed in
the student's cumulative health record.]
4. Notwithstanding the provisions of subdivisions one, two and three
of this section[,]:
A. no examinations for a health certificate [or], health history OR
DENTAL HEALTH CERTIFICATE shall be required [or dental certificate
requested], and no screening examinations for sickle cell anemia 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 or
health history conflict with their genuine and sincere religious
beliefs; AND
B. NO DENTAL CERTIFICATE SHALL BE REQUIRED IF A SCHOOL DISTRICT
RECEIVED AN EXEMPTION, PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF
SECTION NINE HUNDRED FOUR OF THIS ARTICLE, AND THE DEPARTMENT HAS NOT
A. 3049 3
IDENTIFIED A FREE OR REDUCED COST DENTAL PROVIDER IN THE STUDENT'S COUN-
TY, PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
§ 2. Section 904 of the education law, as amended by chapter 477 of
the laws of 2007, subdivision 1 as amended by section 12 of part B of
chapter 58 of the laws of 2007, is amended to read as follows:
§ 904. Examinations by health appraisal. 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 OR DENTAL CERTIF-
ICATES 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].
A. 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, 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 examination 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, or other
physical disability, including sickle cell anemia, as above described,
the principal 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. 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 principal 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 methodology 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 catego-
ries in aggregate. Parents or other persons in parental relation to a
student may refuse to have the student's BMI and 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 methodology at the beginning of
the two thousand eight academic school year. The department shall also
A. 3049 4
utilize the collected data to develop a report of child obesity and
obesity related diseases.
B. THE DIRECTOR OF SCHOOL HEALTH SERVICES SHALL CAUSE SUCH STUDENTS TO
BE SEPARATELY AND CAREFULLY EXAMINED AND TESTED BY A DULY LICENSED
DENTIST OR REGISTERED DENTAL HYGIENIST TO ASCERTAIN WHETHER THEY ARE IN
FIT CONDITION OF DENTAL HEALTH TO PERMIT HIS OR HER ATTENDANCE AT
SCHOOL. EACH EXAMINATION SHALL ALSO NOTE WHETHER THE STUDENT HAS EVER
HAD A CAVITY, WHETHER UNTREATED CAVITIES ARE PRESENT, WHETHER DENTAL
SEALANTS ARE PRESENT, AND ANY RECOMMENDED TREATMENT OPTIONS.
2. Notwithstanding the provisions of subdivision one of this
section[,]:
A. no examinations shall be required pursuant to this section 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; AND
B. NO EXAMINATION SHALL BE REQUIRED PURSUANT TO PARAGRAPH B OF SUBDI-
VISION ONE OF THIS SECTION IF THE DISTRICT HAS RECEIVED AN EXEMPTION
FROM THE COMMISSIONER OR THE DISTRICT'S LOCAL COUNTY BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES.
§ 3. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph pp to read as follows:
PP. A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IS AUTHORIZED TO
PROVIDE TO A SCHOOL DISTRICT AN EXEMPTION FROM THE PROVISIONS OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION NINE HUNDRED FOUR OF THIS CHAPTER.
REQUIREMENTS FOR SUCH EXEMPTION SHALL BE PROMULGATED BY RULES AND REGU-
LATIONS BY THE COMMISSIONER IN ACCORDANCE WITH SUBDIVISION FIFTY-NINE OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
§ 4. Section 305 of the education law is amended by adding a new
subdivision 59 to read as follows:
59. THE COMMISSIONER IS AUTHORIZED TO PROVIDE TO A SCHOOL DISTRICT AN
EXEMPTION FROM THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION ONE OF
SECTION NINE HUNDRED FOUR OF THIS CHAPTER. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS TO ESTABLISH CRITERIA FOR SUCH
EXEMPTION THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, EVIDENCE THAT THE
SCHOOL DISTRICT HAS MADE A GOOD FAITH EFFORT TO HIRE OR CONTRACT WITH A
DULY LICENSED DENTIST OR REGISTERED DENTAL HYGIENIST TO PROVIDE THE
REQUIRED EXAMINATION AND WAS UNABLE TO DO SO.
§ 5. This act shall take effect on the first of July, 2022.