* § 3208. Attendance; screening of new entrants; prohibition against
mandatory medication. 1. A person included by the provisions of this
part shall be required to attend upon instruction only if in proper
mental and physical condition.

2. A person whose mental or physical condition is such that his or her
attendance upon instruction under the provisions of this part would
endanger the health or safety of such person or of others shall not be
permitted to attend, provided that nothing in this section shall be
construed to authorize a denial of access to education based on
disability in violation of state or federal law.

3. If a person's mental or physical condition, by virtue of which he
or she is not required or permitted to attend upon instruction, is due
to a mental or physical condition which may be remedied by the taking of
reasonable measures, such mental or physical condition shall justify
only the temporary failure of the person to attend.

4. The determination of mental or physical condition under the
provisions of this part shall be based upon actual examination made by a
person or persons qualified by appropriate training and experience, in
accordance with regulations of the department. The department shall
designate persons having the required qualifications to make such mental
or physical examinations on behalf of any local school authorities,
except that in a city having a population of one million or more the
superintendent of schools shall designate such persons.

4-a. Officers or employees of the state, a school district, a board of
cooperative educational services, a charter school, an approved private
school for the education of students with disabilities approved pursuant
to paragraph e, f, g or h of subdivision two of section forty-four
hundred one of this chapter, an approved provider of preschool special
education approved pursuant to section forty-four hundred ten of this
chapter or a state-supported school operating pursuant to article
forty-five of this chapter, shall be prohibited from requiring a child
who is entitled to attend school pursuant to subdivision one of section
thirty-two hundred two of this part to obtain a prescription for a
substance covered by the federal controlled substances act, section
eight hundred one of title twenty-one of the United States code, et
seq., as a condition of attending school, receiving an evaluation or
reevaluation pursuant to article eighty-nine of this chapter or any
other provision of law relating to students with disabilities or
receiving special education programs or services.

5. a. Each board of education or trustees of each school district
shall provide for the screening of every new entrant to school to
determine which pupils are or may be children with disabilities or
gifted children, as well as all pupils who score below level two on
either the third grade English language arts or mathematics assessments
for New York state elementary schools, in accordance with regulations of
the commissioner to determine whether such pupils may have disabilities.

b. Such screening shall include, but not be limited to:

(1) A physical examination pursuant to the provisions of sections nine
hundred one, nine hundred three and nine hundred four of this chapter,
including proof of immunization as required by section twenty-one
hundred sixty-four of the public health law.

(2) A language development assessment.

c. If such screening indicates a suspected disability, which may
require the provision of special education services or programs, a
referral shall be made to the committee on special education.

d. If such screening indicates a possibly gifted child, the name and
finding shall be reported to the superintendent of schools of such
district and to the parent or legal guardian of such child. Such
notification shall not be construed as an entitlement for services for
any such child identified as possibly gifted.

* NB Effective until June 30, 2024

* § 3208. Attendance; proper mental and physical condition. 1. A
person included by the provisions of part one of this article shall be
required to attend upon instruction only if in proper mental and
physical condition.

2. A person whose mental or physical condition is such that his
attendance upon instruction under the provisions of part one of this
article would endanger the health or safety of himself or of others
shall not be permitted to attend.

3. If a person's mental or physical condition, by virtue of which he
is not required or permitted to attend upon instruction, is due to
physical defects or to a physical condition which may be remedied by the
taking of reasonable measures, such mental or physical condition shall
justify only the temporary failure of the person to attend.

4. The determination of mental or physical condition under the
provisions of part one of this article shall be based upon actual
examination made by a person or persons qualified by appropriate
training and experience, in accordance with regulations of the state
education department. The state education department shall designate
persons having the required qualifications to make such mental or
physical examinations on behalf of any local school authorities, except
that in a city having a population of one million or more the
superintendent of schools shall designate such persons.

5. a. Each board of education or trustees of each school district
shall provide for the screening of every new entrant to school to
determine which pupils are or may be children with handicapping
conditions or gifted, as well as all pupils who score below level two on
either the third grade reading or mathematics tests for New York state
elementary schools and all students who obtain a comparable percentile
score on the regents preliminary competency test, in accordance with
regulations of the commissioner to determine whether such pupils may
have handicapping conditions.

b. Such screening shall include, but not be limited to:

(1) A physical examination pursuant to the provisions of sections nine
hundred one, nine hundred three and nine hundred four of this chapter,
including proof of immunization as required by section twenty-one
hundred sixty-four of the public health law.

(2) A language development assessment.

c. If such screening indicates a suspected handicapping condition,
which may require the provision of special education services or
programs, a referral shall be made to the committee on special
education.

d. If such screening indicates a possibly gifted child, the name and
finding shall be reported to the superintendent of schools of such
district and to the parent or legal guardian of such child. Such
notification shall not be construed as an entitlement for services for
any such child identified as possibly gifted.

* NB Effective June 30, 2024