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This entry was published on 2014-09-22
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SECTION 905
Record of screening examinations for vision, hearing and scoliosis
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
§ 905. Record of screening examinations for vision, hearing and
scoliosis. 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 of vision,
hearing, and scoliosis of all students at such times and as defined in
the regulations of the commissioner, and at any time deemed necessary.

2. 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
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 scoliosis shall be in
writing 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.

3. 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
education, 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.

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
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 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.