S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2718
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivision 2 of section 901 of the education law, as added
 by chapter 477 of the laws of 2004, is amended to read as follows:
   2. School health services for the purposes of this article shall  mean
 the  several procedures, including, but not limited to, medical examina-
 tions, ELECTROCARDIOGRAMS, dental inspection and/or screening, scoliosis
 screening, vision screening and audiometer tests, designed to  determine
 the  health  status  of the child; to inform parents or other persons in
 parental relation to the child, pupils and teachers  of  the  individual
 child's  health  condition  subject to federal and state confidentiality
 laws; to guide parents, children and teachers in procedures for prevent-
 ing and correcting defects and diseases; to instruct the school  person-
 nel  in procedures to take in case of accident or illness; to survey and
 make necessary recommendations concerning the health and safety  aspects
 of school facilities and the provision of health information.
   §  2.  Section  905 of the education law, as amended by chapter 477 of
 the laws of 2004, is amended to read as follows:
   § 905. Record of screening  examinations  AND  ELECTROCARDIOGRAMS  for
 vision,  hearing and scoliosis, AND HEART CONDITIONS. 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 AND ELECTROCARDIOGRAMS of vision, hearing, [and]
 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
              

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 defined  in  the regulations of the commissioner, and at any time deemed
 necessary.
   2. (A) 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  pursu-
 ant  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 writ-
 ing  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.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF ANY GENERAL, SPECIAL OR
 LOCAL LAW, THE SCHOOL AUTHORITIES CHARGED WITH THE DUTY OF  MAKING  SUCH
 ELECTROCARDIOGRAM  OF  STUDENTS  FOR  THE  PRESENCE  OF HEART CONDITIONS
 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 A HEART CONDITION SHALL  BE
 IN  WRITING  AND  THE  PARENT OF, OR PERSON IN PARENTAL RELATION TO, ANY
 CHILD IN WHOM THE PRESENCE OF  A  HEART  CONDITION  IS  FOUND  SHALL  BE
 ADVISED OF SUCH RESULTS BY THE SCHOOL AUTHORITIES WITHIN TWENTY-ONE DAYS
 AFTER THE FINDING OF THE PRESENCE OF A HEART CONDITION IS MADE.
   3.  (A)  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  educa-
 tion,  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.
   (B) THE PROVISIONS OF THIS SECTION RELATIVE TO ELECTROCARDIOGRAM TESTS
 FOR  DETECTING HEART CONDITIONS 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 ELECTROCARDIOGRAM
 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
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 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, OR HEART
 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.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.    Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.