S T A T E O F N E W Y O R K
________________________________________________________________________
4094
2025-2026 Regular Sessions
I N S E N A T E
January 31, 2025
___________
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
amended by chapter 183 of the laws of 2017, is amended to read as
follows:
1. A health certificate shall be furnished by each student in the
public schools upon [his or her] THEIR entrance in such schools and upon
[his or her] THEIR 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 educational 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 subdivision three of section six
thousand nine hundred two of this chapter, or by a duly licensed physi-
cian, physician assistant, or nurse practitioner, who is authorized to
practice in the jurisdiction in which the examination was given,
provided that the commissioner has determined that such jurisdiction has
standards 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] THEIR attendance at the public schools.
The examination may include a diabetes risk analysis. Each such certif-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07603-01-5
S. 4094 2
icate 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 categories for children and
adolescents shall be as defined by the commissioner of health. FURTHER-
MORE, EACH SUCH CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF THE STUDENT
FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE CONDUCTED PURSUANT TO
STANDARDS ESTABLISHED 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 neces-
sary or desirable and [he or she] THEY shall conduct such a test and the
certificate shall state the results.
§ 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] SUCH PRINCIPAL'S
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 exam-
ined 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] SUCH STUDENT from receiving the full bene-
fit 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] THEY shall conduct such tests and the certificate shall
state the results. If it should be ascertained, upon such test or exam-
ination, 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 principal or [his or her] SUCH PRINCI-
PAL'S designee shall notify the parents of, or other persons in parental
relation to, the child as to the existence of such disability OR DISOR-
DER. 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]
SUCH PRINCIPAL'S 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
S. 4094 3
weight status categories 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] SUCH COMMISSIONER 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 confiden-
tiality 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 utilize the collected
data to develop a report of child obesity and obesity related diseases.
§ 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.