§ 904 — Examinations by health appraisal

§ 904. Examinations by health appraisal. 1. Each principal of a public\nschool, or his or her designee, shall report to the director of school\nhealth services having jurisdiction over such school, the names of all\nstudents who have not furnished health certificates as provided in\nsection nine hundred three of this article, or who are children with\ndisabilities, as defined by article eighty-nine of this chapter, and the\ndirector of school health services shall cause such students to be\nseparately and carefully examined and tested to ascertain whether any\nstudent has defective sight or hearing, or any other physical disability\nwhich may tend to prevent him or her from receiving the full benefit of\nschool work, or from requiring a modification of such work to prevent\ninjury to the student or from receiving the best educational results.\nEach examination shall also include a calculation of the student's body\nmass index (BMI) and weight status category. For purposes of this\nsection, BMI is computed as the weight in kilograms divided by the\nsquare of height in meters or the weight in pounds divided by the square\nof height in inches multiplied by a conversion factor of 703. Weight\nstatus categories for children and adolescents shall be as defined by\nthe commissioner of health. In all school districts, such physician,\nphysician assistant or nurse practitioner shall determine whether a\none-time test for sickle cell anemia is necessary or desirable and he or\nshe shall conduct such tests and the certificate shall state the\nresults. If it should be ascertained, upon such test or examination,\nthat any of such students have defective sight or hearing, or other\nphysical disability, including sickle cell anemia, as above described,\nthe principal or his or her designee shall notify the parents of, or\nother persons in parental relation to, the child as to the existence of\nsuch disability. If the parents or other persons in parental relation\nare unable or unwilling to provide the necessary relief and treatment\nfor such students, such fact shall be reported by the principal or his\nor her designee to the director of school health services, whose duty it\nshall be to provide relief for such students. Each school and school\ndistrict chosen as part of an appropriate sampling methodology shall\nparticipate in surveys directed by the commissioner of health pursuant\nto the public health law in relation to students' BMI and weight status\ncategories as determined by the examination conducted pursuant to this\nsection and which shall be subject to audit by the commissioner of\nhealth. Such surveys shall contain the information required pursuant to\nthis subdivision in relation to students' BMI and weight status\ncategories in aggregate. Parents or other persons in parental relation\nto a student may refuse to have the student's BMI and weight status\ncategory included in such survey. Each school and school district shall\nprovide the commissioner of health with any information, records and\nreports he or she may require for the purpose of such audit. The BMI and\nweight status survey and audit as described in this section shall be\nconducted consistent with confidentiality requirements imposed by\nfederal law. Data collection for such surveys shall commence on a\nvoluntary basis at the beginning of the two thousand seven academic\nschool year, and by all schools chosen as part of the sampling\nmethodology at the beginning of the two thousand eight academic school\nyear. The department shall also utilize the collected data to develop a\nreport of child obesity and obesity related diseases.\n 2. Notwithstanding the provisions of subdivision one of this section,\nno examinations shall be required pursuant to this section where a\nstudent or the parent or person in parental relation to such student\nobjects thereto on the grounds that such examinations conflict with\ntheir genuine and sincere religious beliefs.\n