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This entry was published on 2014-09-22
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SECTION 904
Examinations by health appraisal
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
§ 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 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, 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
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 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 utilize the collected data to develop a
report of child obesity and obesity related diseases.

2. Notwithstanding the provisions of subdivision one of this section,
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.