S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4094
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to screening of  students
   for eating disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section  903  of  the  education  law,  as
 amended  by  chapter  183  of  the  laws  of 2017, is amended to read as
 follows:
   1. A health certificate shall be furnished  by  each  student  in  the
 public schools upon [his or her] THEIR entrance in such schools and upon
 [his  or her] THEIR entry into the grades prescribed by the commissioner
 in regulations,  provided  that  such  regulations  shall  require  such
 certificates  at  least  twice during the elementary grades and twice in
 the secondary grades. An examination and health history of any child may
 be required by the  local  school  authorities  at  any  time  in  their
 discretion  to  promote  the  educational  interests of such child. Each
 certificate shall be signed by  a  duly  licensed  physician,  physician
 assistant,  or  nurse practitioner, who is authorized by law to practice
 in this state, and consistent with  subdivision  three  of  section  six
 thousand  nine hundred two of this chapter, or by a duly licensed physi-
 cian, physician assistant, or nurse practitioner, who is  authorized  to
 practice  in  the  jurisdiction  in  which  the  examination  was given,
 provided that the commissioner has determined that such jurisdiction has
 standards of licensure and practice comparable to  those  of  New  York.
 Each  such  certificate shall describe the condition of the student when
 the examination was made, which shall not be  more  than  twelve  months
 prior to the commencement of the school year in which the examination is
 required,  and shall state whether such student is in a fit condition of
 health to permit [his or her] THEIR attendance at  the  public  schools.
 The  examination may include a diabetes risk analysis. Each such certif-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07603-01-5
              

 S. 4094                             2
 
 icate shall also state the student's body mass index  (BMI)  and  weight
 status  category.  For  purposes of this section, BMI is computed as the
 weight in kilograms divided by the square of height  in  meters  or  the
 weight in pounds divided by the square of height in inches multiplied by
 a  conversion  factor  of 703. Weight status categories for children and
 adolescents shall be as defined by the commissioner of health.  FURTHER-
 MORE, EACH SUCH CERTIFICATE SHALL INCLUDE AN ASSESSMENT OF  THE  STUDENT
 FOR  EATING  DISORDERS.  SUCH  ASSESSMENT SHALL BE CONDUCTED PURSUANT TO
 STANDARDS ESTABLISHED BY THE  COMMISSIONER  OF  HEALTH.  In  all  school
 districts  such  physician,  physician  assistant  or nurse practitioner
 shall determine whether a one-time test for sickle cell anemia is neces-
 sary or desirable and [he or she] THEY shall conduct such a test and the
 certificate shall state the results.
   § 2. Subdivision 1 of section 904 of the education law, as amended  by
 section  12  of  part B of chapter 58 of the laws of 2007, is amended to
 read as follows:
   1. Each principal of a public school, or [his or her] SUCH PRINCIPAL'S
 designee, shall report to the director of school health services  having
 jurisdiction  over  such  school, the names of all students who have not
 furnished health certificates as provided in section nine hundred  three
 of  this  article,  or who are children with disabilities, as defined by
 article eighty-nine of this chapter, and the director of  school  health
 services  shall cause such students to be separately and carefully exam-
 ined and tested to ascertain whether any student has defective sight  or
 hearing,  AN EATING DISORDER, or any other physical disability which may
 tend to prevent [him or her] SUCH STUDENT from receiving the full  bene-
 fit  of  school  work,  or from requiring a modification of such work to
 prevent injury to the student or from  receiving  the  best  educational
 results.    Each  examination  shall  also  include a calculation of the
 student's body mass index (BMI) and weight status category. For purposes
 of this section, BMI is computed as the weight in kilograms  divided  by
 the  square  of  height in meters or the weight in pounds divided by the
 square of height in inches multiplied by a  conversion  factor  of  703.
 Weight  status  categories  for  children  and  adolescents  shall be as
 defined by the commissioner of health. In  all  school  districts,  such
 physician,  physician  assistant  or  nurse practitioner shall determine
 whether a one-time test for sickle cell anemia is necessary or desirable
 and [he or she] THEY shall conduct such tests and the certificate  shall
 state  the results. If it should be ascertained, upon such test or exam-
 ination, that any of such students have defective sight or  hearing,  AN
 EATING  DISORDER,  or  other  physical disability, including sickle cell
 anemia, as above described, the principal or [his or her]  SUCH  PRINCI-
 PAL'S designee shall notify the parents of, or other persons in parental
 relation  to, the child as to the existence of such disability OR DISOR-
 DER.  If the parents or other persons in parental relation are unable or
 unwilling to  provide  the  necessary  relief  and  treatment  for  such
 students,  such  fact shall be reported by the principal or [his or her]
 SUCH PRINCIPAL'S designee to the director  of  school  health  services,
 whose  duty it shall be to provide relief for such students. Each school
 and school district chosen as part of an appropriate sampling  methodol-
 ogy  shall participate in surveys directed by the commissioner of health
 pursuant to the public health law  in  relation  to  students'  BMI  and
 weight  status  categories  as  determined  by the examination conducted
 pursuant to this section and which shall be  subject  to  audit  by  the
 commissioner  of  health.  Such  surveys  shall  contain the information
 required pursuant to this subdivision in relation to students'  BMI  and
 S. 4094                             3
 
 weight  status  categories  in  aggregate.  Parents  or other persons in
 parental relation to a student may refuse to have the student's BMI  and
 weight  status  category included in such survey. Each school and school
 district  shall provide the commissioner of health with any information,
 records and reports [he or she] SUCH COMMISSIONER may  require  for  the
 purpose  of  such  audit.  The BMI and weight status survey and audit as
 described in this section shall be conducted consistent  with  confiden-
 tiality  requirements  imposed  by federal law. Data collection for such
 surveys shall commence on a voluntary basis at the beginning of the  two
 thousand  seven  academic school year, and by all schools chosen as part
 of the sampling methodology at the beginning of the two  thousand  eight
 academic  school  year.  The department shall also utilize the collected
 data to develop a report of child obesity and obesity related diseases.
   § 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.