§ 905. Record of screening examinations for vision, hearing and\nscoliosis.
1.The director of school health services of each school\ndistrict in this state that is required to provide school health\nservices, or the health department or agency otherwise responsible to\nprovide such services, shall conduct screening examinations of vision,\nhearing, and scoliosis of all students at such times and as defined in\nthe regulations of the commissioner, and at any time deemed necessary.\n 2. Notwithstanding any other provisions of any general, special or\nlocal law, the school authorities charged with the duty of making such\nscreening examinations of students for the presence of scoliosis\npursuant to this section shall not suffer any liability to any person as\na result of making such scree
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§ 905. Record of screening examinations for vision, hearing and\nscoliosis. 1. The director of school health services of each school\ndistrict in this state that is required to provide school health\nservices, or the health department or agency otherwise responsible to\nprovide such services, shall conduct screening examinations of vision,\nhearing, and scoliosis of all students at such times and as defined in\nthe regulations of the commissioner, and at any time deemed necessary.\n 2. Notwithstanding any other provisions of any general, special or\nlocal law, the school authorities charged with the duty of making such\nscreening examinations of students for the presence of scoliosis\npursuant to this section shall not suffer any liability to any person as\na result of making such screening examination, which liability would not\nhave existed by any provision of law, statutory or otherwise, in the\nabsence of this section. The positive results of any such screening\nexaminations of students for the presence of scoliosis shall be in\nwriting and the parent of, or person in parental relation to, any child\nin whom the presence of scoliosis is found shall be advised of such\nresults by the school authorities within ninety days after the finding\nof the presence of scoliosis is made.\n 3. The provisions of this section relative to examination for\nscoliosis shall be waived by the commissioner upon the filing, in\naccordance with rules and regulations to be established and promulgated\nby the commissioner, of a resolution, duly adopted by a board of\neducation, stating that the school district does not have the capability\nto comply with this section relative to the examination for scoliosis\nand that such compliance would place a financial cost upon the school\ndistrict, provided, however, that such resolution may not be adopted\nprior to the holding of a public hearing on such proposed resolution.\nSuch rules and regulations to be established and promulgated by the\ncommissioner in accordance with this section shall include, but not be\nlimited to, the date for filing such resolution by a board of education\nand to the dates for filing subsequent resolutions.\n 4. Vision screening examinations of students in the schools of this\nstate made pursuant to subdivision one of this section, or made pursuant\nto the by-laws, regulations or practices of the board of education of\nthe city school district of the city of New York, shall be subject to\nthe provisions of this subdivision, and where inconsistent herewith, the\nprovisions of this subdivision shall prevail. In addition to any vision\nscreening examinations otherwise required by the provisions or practices\ncited in this subdivision, all students who enroll in a school of this\nstate shall be tested for color perception, distance acuity and near\nvision within six months of admission to the school, or by such other\ndate as may be prescribed in the regulations of the commissioner. The\nresults of any such vision screening examinations, whether made pursuant\nto this subdivision or pursuant to the provisions or practices cited in\nthis subdivision, shall be in writing and shall be made available to the\nstudent's parent or person in parental relation and to any teacher of\nthe student within the school while the student is enrolled in the\nschool, and shall be kept in a permanent file of the school for at least\nas long as the minimum retention period for such records, as prescribed\nby the commissioner pursuant to article fifty-seven-A of the arts and\ncultural affairs law.\n 5. Notwithstanding any provision of this section to the contrary, no\nscreening examinations for vision, hearing, or scoliosis condition shall\nbe required where a student or the parent or person in parental relation\nto such student objects thereto on the grounds that such examinations\nconflict with their genuine and sincere religious beliefs.\n