2019 New York Laws
EDN - Education
Title 4 - Teachers and Pupils
Article 65 - Compulsory Education and School Census
Part 1 - Compulsory Education
3208 - Attendance; Screening of the New Entrants; Prohibition Against Mandatory Medication.

* § 3208. Attendance;  screening  of new entrants; prohibition against
mandatory medication. 1. A person included by  the  provisions  of  this
part  shall  be  required  to  attend upon instruction only if in proper
mental and physical condition.
  2. A person whose mental or physical condition is such that his or her
attendance upon instruction under the  provisions  of  this  part  would
endanger  the  health or safety of such person or of others shall not be
permitted to attend, provided that nothing  in  this  section  shall  be
construed  to  authorize  a  denial  of  access  to  education  based on
disability in violation of state or federal law.
  3. If a person's mental or physical condition, by virtue of  which  he
or  she  is not required or permitted to attend upon instruction, is due
to a mental or physical condition which may be remedied by the taking of
reasonable measures, such mental or  physical  condition  shall  justify
only the temporary failure of the person to attend.
  4.  The  determination  of  mental  or  physical  condition  under the
provisions of this part shall be based upon actual examination made by a
person or persons qualified by appropriate training and  experience,  in
accordance  with  regulations  of  the  department. The department shall
designate persons having the required qualifications to make such mental
or physical examinations on behalf  of  any  local  school  authorities,
except  that  in  a  city having a population of one million or more the
superintendent of schools shall designate such persons.
  4-a. Officers or employees of the state, a school district, a board of
cooperative educational services, a charter school, an approved  private
school for the education of students with disabilities approved pursuant
to  paragraph  e,  f,  g  or  h of subdivision two of section forty-four
hundred one of this chapter, an approved provider of  preschool  special
education  approved  pursuant  to section forty-four hundred ten of this
chapter or  a  state-supported  school  operating  pursuant  to  article
forty-five  of  this chapter, shall be prohibited from requiring a child
who is entitled to attend school pursuant to subdivision one of  section
thirty-two  hundred  two  of  this  part  to obtain a prescription for a
substance covered by the  federal  controlled  substances  act,  section
eight  hundred  one  of  title  twenty-one of the United States code, et
seq., as a condition of attending school,  receiving  an  evaluation  or
reevaluation  pursuant  to  article  eighty-nine  of this chapter or any
other provision  of  law  relating  to  students  with  disabilities  or
receiving special education programs or services.
  5.  a.  Each  board  of  education or trustees of each school district
shall provide for the screening  of  every  new  entrant  to  school  to
determine  which  pupils  are  or  may  be children with disabilities or
gifted children, as well as all pupils who  score  below  level  two  on
either  the third grade English language arts or mathematics assessments
for New York state elementary schools, in accordance with regulations of
the commissioner to determine whether such pupils may have disabilities.
  b. Such screening shall include, but not be limited to:
  (1) A physical examination pursuant to the provisions of sections nine
hundred one, nine hundred three and nine hundred four of  this  chapter,
including  proof  of  immunization  as  required  by  section twenty-one
hundred sixty-four of the public health law.
  (2) A language development assessment.
  c. If such screening  indicates  a  suspected  disability,  which  may
require  the  provision  of  special  education  services or programs, a
referral shall be made to the committee on special education.
  d. If such screening indicates a possibly gifted child, the  name  and
finding  shall  be  reported  to  the  superintendent of schools of such
district and to the  parent  or  legal  guardian  of  such  child.  Such

notification  shall  not be construed as an entitlement for services for
any such child identified as possibly gifted.
  * NB Effective until June 30, 2021
  * § 3208. Attendance;  proper  mental  and  physical  condition.  1. A
person included by the provisions of part one of this article  shall  be
required  to  attend  upon  instruction  only  if  in  proper mental and
physical condition.
  2. A person whose mental  or  physical  condition  is  such  that  his
attendance  upon  instruction  under  the provisions of part one of this
article would endanger the health or safety  of  himself  or  of  others
shall not be permitted to attend.
  3.  If  a person's mental or physical condition, by virtue of which he
is not required or permitted to  attend  upon  instruction,  is  due  to
physical defects or to a physical condition which may be remedied by the
taking  of  reasonable measures, such mental or physical condition shall
justify only the temporary failure of the person to attend.
  4. The  determination  of  mental  or  physical  condition  under  the
provisions  of  part  one  of  this  article  shall be based upon actual
examination made  by  a  person  or  persons  qualified  by  appropriate
training  and  experience,  in  accordance with regulations of the state
education department. The state  education  department  shall  designate
persons  having  the  required  qualifications  to  make  such mental or
physical examinations on behalf of any local school authorities,  except
that  in  a  city  having  a  population  of  one  million  or  more the
superintendent of schools shall designate such persons.
  5. a. Each board of education or  trustees  of  each  school  district
shall  provide  for  the  screening  of  every  new entrant to school to
determine  which  pupils  are  or  may  be  children  with  handicapping
conditions or gifted, as well as all pupils who score below level two on
either  the  third grade reading or mathematics tests for New York state
elementary schools and all students who obtain a  comparable  percentile
score  on  the  regents  preliminary competency test, in accordance with
regulations of the commissioner to determine  whether  such  pupils  may
have handicapping conditions.
  b. Such screening shall include, but not be limited to:
  (1) A physical examination pursuant to the provisions of sections nine
hundred  one,  nine hundred three and nine hundred four of this chapter,
including proof  of  immunization  as  required  by  section  twenty-one
hundred sixty-four of the public health law.
  (2) A language development assessment.
  c.  If  such  screening  indicates a suspected handicapping condition,
which may  require  the  provision  of  special  education  services  or
programs,  a  referral  shall  be  made  to  the  committee  on  special
education.
  d. If such screening indicates a possibly gifted child, the  name  and
finding  shall  be  reported  to  the  superintendent of schools of such
district and to the  parent  or  legal  guardian  of  such  child.  Such
notification  shall  not be construed as an entitlement for services for
any such child identified as possibly gifted.
  * NB Effective June 30, 2021