A02718 Summary:

BILL NOA02718
 
SAME ASNo Same As
 
SPONSORDurso
 
COSPNSRMcDonough, DeStefano
 
MLTSPNSR
 
Amd §§901 & 905, Ed L
 
Requires electrocardiograms be provided by school health services to screen for heart conditions; requires electrocardiograms be conducted on students to screen for heart conditions in order to attend school.
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A02718 Actions:

BILL NOA02718
 
01/22/2025referred to education
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A02718 Committee Votes:

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A02718 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2718
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2025
                                       ___________
 
        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Education
 
        AN ACT to amend the education law, in relation to requiring  electrocar-
          diograms  be  provided  by  school health services to screen for heart
          conditions and requiring electrocardiograms be conducted  on  students
          to screen for heart conditions in order to attend school
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 901 of the education law, as added
     2  by chapter 477 of the laws of 2004, is amended to read as follows:
     3    2. School health services for the purposes of this article shall  mean
     4  the  several procedures, including, but not limited to, medical examina-
     5  tions, electrocardiograms, dental inspection and/or screening, scoliosis
     6  screening, vision screening and audiometer tests, designed to  determine
     7  the  health  status  of the child; to inform parents or other persons in
     8  parental relation to the child, pupils and teachers  of  the  individual
     9  child's  health  condition  subject to federal and state confidentiality
    10  laws; to guide parents, children and teachers in procedures for prevent-
    11  ing and correcting defects and diseases; to instruct the school  person-
    12  nel  in procedures to take in case of accident or illness; to survey and
    13  make necessary recommendations concerning the health and safety  aspects
    14  of school facilities and the provision of health information.
    15    §  2.  Section  905 of the education law, as amended by chapter 477 of
    16  the laws of 2004, is amended to read as follows:
    17    § 905. Record of screening  examinations  and  electrocardiograms  for
    18  vision,  hearing and scoliosis, and heart conditions. 1. The director of
    19  school health services of each school district in  this  state  that  is
    20  required  to provide school health services, or the health department or
    21  agency otherwise responsible to provide  such  services,  shall  conduct
    22  screening  examinations and electrocardiograms of vision, hearing, [and]
    23  scoliosis, and heart conditions of all students at  such  times  and  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03494-01-5

        A. 2718                             2
 
     1  defined  in  the regulations of the commissioner, and at any time deemed
     2  necessary.
     3    2. (a) Notwithstanding any other provisions of any general, special or
     4  local  law,  the school authorities charged with the duty of making such
     5  screening examinations of students for the presence of scoliosis  pursu-
     6  ant  to  this  section shall not suffer any liability to any person as a
     7  result of making such screening examination, which liability  would  not
     8  have  existed  by  any  provision of law, statutory or otherwise, in the
     9  absence of this section. The positive  results  of  any  such  screening
    10  examinations of students for the presence of scoliosis shall be in writ-
    11  ing  and  the parent of, or person in parental relation to, any child in
    12  whom the presence of scoliosis is found shall be advised of such results
    13  by the school authorities within ninety days after the  finding  of  the
    14  presence of scoliosis is made.
    15    (b)  Notwithstanding  any  other provisions of any general, special or
    16  local law, the school authorities charged with the duty of  making  such
    17  electrocardiogram  of  students  for  the  presence  of heart conditions
    18  pursuant to this section shall not suffer any liability to any person as
    19  a result of making such screening examination, which liability would not
    20  have existed by any provision of law, statutory  or  otherwise,  in  the
    21  absence  of  this  section.  The  positive results of any such screening
    22  examinations of students for the presence of a heart condition shall  be
    23  in  writing  and  the  parent of, or person in parental relation to, any
    24  child in whom the presence of  a  heart  condition  is  found  shall  be
    25  advised of such results by the school authorities within twenty-one days
    26  after the finding of the presence of a heart condition is made.
    27    3.  (a)  The  provisions  of  this section relative to examination for
    28  scoliosis shall be waived  by  the  commissioner  upon  the  filing,  in
    29  accordance  with rules and regulations to be established and promulgated
    30  by the commissioner, of a resolution, duly adopted by a board of  educa-
    31  tion,  stating  that the school district does not have the capability to
    32  comply with this section relative to the examination for  scoliosis  and
    33  that  such  compliance  would  place  a  financial  cost upon the school
    34  district, provided, however, that such resolution  may  not  be  adopted
    35  prior  to  the  holding of a public hearing on such proposed resolution.
    36  Such rules and regulations to be  established  and  promulgated  by  the
    37  commissioner  in  accordance with this section shall include, but not be
    38  limited to, the date for filing such resolution by a board of  education
    39  and to the dates for filing subsequent resolutions.
    40    (b) The provisions of this section relative to electrocardiogram tests
    41  for  detecting heart conditions shall be waived by the commissioner upon
    42  the filing, in accordance with rules and regulations to  be  established
    43  and  promulgated by the commissioner, of a resolution, duly adopted by a
    44  board of education, stating that the school district does not  have  the
    45  capability to comply with this section relative to the electrocardiogram
    46  and  that  such  compliance would place a financial cost upon the school
    47  district, provided, however, that such resolution  may  not  be  adopted
    48  prior  to  the  holding of a public hearing on such proposed resolution.
    49  Such rules and regulations to be  established  and  promulgated  by  the
    50  commissioner  in  accordance with this section shall include, but not be
    51  limited to, the date for filing such resolution by a board of  education
    52  and to the dates for filing subsequent resolutions.
    53    4.  Vision  screening  examinations of students in the schools of this
    54  state made pursuant to subdivision one of this section, or made pursuant
    55  to the by-laws, regulations or practices of the board  of  education  of
    56  the  city  school  district of the city of New York, shall be subject to

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     1  the provisions of this subdivision, and where inconsistent herewith, the
     2  provisions of this subdivision shall prevail. In addition to any  vision
     3  screening examinations otherwise required by the provisions or practices
     4  cited  in  this subdivision, all students who enroll in a school of this
     5  state shall be tested for color perception,  distance  acuity  and  near
     6  vision  within  six  months of admission to the school, or by such other
     7  date as may be prescribed in the regulations of  the  commissioner.  The
     8  results of any such vision screening examinations, whether made pursuant
     9  to  this subdivision or pursuant to the provisions or practices cited in
    10  this subdivision, shall be in writing and shall be made available to the
    11  student's parent or person in parental relation and to  any  teacher  of
    12  the  student  within  the  school  while  the student is enrolled in the
    13  school, and shall be kept in a permanent file of the school for at least
    14  as long as the minimum retention period for such records, as  prescribed
    15  by  the  commissioner  pursuant to article fifty-seven-A of the arts and
    16  cultural affairs law.
    17    5. Notwithstanding any provision of this section to the  contrary,  no
    18  screening  examinations  for  vision,  hearing, [or] scoliosis, or heart
    19  condition shall be required where a student or the parent or  person  in
    20  parental  relation  to  such student objects thereto on the grounds that
    21  such examinations conflict with  their  genuine  and  sincere  religious
    22  beliefs.
    23    §  3.  This act shall take effect on the first of July next succeeding
    24  the date on which it shall have become a law.    Effective  immediately,
    25  the  addition,  amendment and/or repeal of any rule or regulation neces-
    26  sary for the implementation of  this  act  on  its  effective  date  are
    27  authorized to be made and completed on or before such effective date.
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