Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Urine analysis; drug detection
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
§ 912-a. Urine analysis; drug detection. 1. The school authorities of
each school district within the state may cause all children attending
grades seven through twelve, inclusive, in the public and private
schools located within such districts, to be separately and carefully
examined in order to ascertain whether any such children are making use
of dangerous drugs.

2. Such examination may be made only upon the written request or
consent of a parent of, or person in parental relation to, a child. Such
examination shall be conducted without notice to the child and shall
include the supervised taking of a urine sample which shall be analyzed
for such drugs and in accordance with such standards as shall be
acceptable to the New York state office of alcoholism and substance
abuse services, or its successor agency. The results of such examination
shall be promptly forwarded to the school authorities. If it should be
ascertained, upon such test or examination, that any child is making use
of dangerous drugs, the school authorities shall report same to the
social services department for the social services district wherein such
school is located and to the parent of, or person in parental relation
to, such child together with a statement to such parent or person in
parental relation as to available programs and facilities to combat such
dangerous drug usage. The local social services department shall be
empowered, in an appropriate case, to take such action and offer such
protective social services as are prescribed by title six of article six
of the social services law.

3. Except as required in this section, information resulting from an
examination conducted pursuant to this section shall be kept
confidential and shall not be used for law enforcement purposes but may
be utilized only for statistical, epidemiological or research purposes.

4. Any record or information compiled from such examination which
identifies an individual student as a user of dangerous drugs shall be
maintained separate and apart from such student's other educational
records and in appropriate confidence and shall be destroyed upon such
student's graduation or final severance from the secondary educational
school system in this state.

Notwithstanding any provision of this section to the contrary, no such
examination shall be required where a student objects thereto on the
grounds that such examinations conflict with their genuine and sincere
religious beliefs.