S T A T E O F N E W Y O R K
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2718
2025-2026 Regular Sessions
I N A S S E M B L Y
January 22, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring electrocar-
diograms be provided by school health services to screen for heart
conditions and requiring electrocardiograms be conducted on students
to screen for heart conditions in order to attend school
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 901 of the education law, as added
by chapter 477 of the laws of 2004, is amended to read as follows:
2. School health services for the purposes of this article shall mean
the several procedures, including, but not limited to, medical examina-
tions, ELECTROCARDIOGRAMS, dental inspection and/or screening, scoliosis
screening, vision screening and audiometer tests, designed to determine
the health status of the child; to inform parents or other persons in
parental relation to the child, pupils and teachers of the individual
child's health condition subject to federal and state confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing and correcting defects and diseases; to instruct the school person-
nel in procedures to take in case of accident or illness; to survey and
make necessary recommendations concerning the health and safety aspects
of school facilities and the provision of health information.
§ 2. Section 905 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
§ 905. Record of screening examinations AND ELECTROCARDIOGRAMS for
vision, hearing and scoliosis, AND HEART CONDITIONS. 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 AND ELECTROCARDIOGRAMS of vision, hearing, [and]
scoliosis, AND HEART CONDITIONS of all students at such times and as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03494-01-5
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defined in the regulations of the commissioner, and at any time deemed
necessary.
2. (A) 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 pursu-
ant 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 writ-
ing 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.
(B) NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY GENERAL, SPECIAL OR
LOCAL LAW, THE SCHOOL AUTHORITIES CHARGED WITH THE DUTY OF MAKING SUCH
ELECTROCARDIOGRAM OF STUDENTS FOR THE PRESENCE OF HEART CONDITIONS
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 A HEART CONDITION SHALL BE
IN WRITING AND THE PARENT OF, OR PERSON IN PARENTAL RELATION TO, ANY
CHILD IN WHOM THE PRESENCE OF A HEART CONDITION IS FOUND SHALL BE
ADVISED OF SUCH RESULTS BY THE SCHOOL AUTHORITIES WITHIN TWENTY-ONE DAYS
AFTER THE FINDING OF THE PRESENCE OF A HEART CONDITION IS MADE.
3. (A) 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 educa-
tion, 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.
(B) THE PROVISIONS OF THIS SECTION RELATIVE TO ELECTROCARDIOGRAM TESTS
FOR DETECTING HEART CONDITIONS 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 ELECTROCARDIOGRAM
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
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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, OR HEART
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.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.