Education Law 912 requires each of the school districts in New York State to provide resident students who attend nonpublic schools with all of the same health and welfare services available to students who attend the public schools of the district. The administrators of nonpublic schools must request these services which include, but are not limited to, all of the services performed by a physician, dentist, dental hygienist, school nurse, school psychologist, school social worker and speech language pathologist. The services also may include dental prophylaxis; vision, hearing and scoliosis screening tests; recording health histories; physical examinations and in-school immunization; maintaining cumulative health records; and administering emergency care programs for ill or injured students. These services must be provided by the school district in which the nonpublic school is located.
In NYC health services are to be provided by the following agency and, again, students who attend nonpublic schools are entitled to the same health and welfare services as students who attend public schools:
- New York City - Office of School Health, New York City Department of Education
In cases where students attending a nonpublic school actually live in another public school district, the two public school districts must enter into a written contract governing the services to be provided and the reimbursement for such services.
- Article 19 of Education Law and Commissioner’s Regulation 136.2(d)(2) specify the minimal school health services, which a board of education must provide for its students. (New York City is excepted from these requirements.) These include: (1) physical examinations upon entrance to school and in grades pre-K or K,,2,4, 7 and 10 and at any other time deemed necessary by school authorities in the educational interests of the student; (2) a vision screening test for all students upon entrance to school and in grades pre-K or K,1,2,3,5,7, and 10.; (3) a hearing screening test for all students upon entrance to school and in grades pre-K or K,1,3,5,7, and 10 (4) a scoliosis (spinal) screening test for all students in grades 5-9: (5) the maintenance of cumulative health records; (6) written notification to 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;; (7) emergency care of ill or injured students; and (8) compliance with and enforcement of mandatory immunization requirements; to guide parents, children and teachers in procedures for preventing and correcting defects and diseases; to instruct the school personnel 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.
When health and welfare services are requested by a nonpublic school, the board of education or city or county department of health is obligated to provide services equivalent to those provided to public school students in the district in which the nonpublic school is located. In the Questions and Answers below, references to provision of health services by the public school district include the provision of those services by the appropriate city or county department of health.
Questions and Answers
Who is required to provide health and welfare services?The school district within whose geographic boundaries the nonpublic school is located must provide such services. In the city of New York, the agency serving the public schools must provide these services.
Is the provision of such services a matter of course?No. The principal, administrator, teacher, or other person in charge of the nonpublic school must request these services.
Is there a particular form, manner, or time for requesting such services?The law is silent on this point. However, school districts usually plan budgets and staff assignments in the spring for the following school year. Therefore, it is strongly recommended that the nonpublic school principal send a letter of request to the public school superintendent in sufficient time to permit inclusion of such services in the budgetary and work plans. The nonpublic school administrator should confer with the superintendent of the public school district to determine the best time to file such a request.
How often must the nonpublic school request such services?The law does not specify any frequency. However, in general practice the request for such services is a one-time occurrence. It is recommended that such requests be reviewed annually. In so doing, all parties will have an opportunity to discuss the services provided; revise the requests, budgets, and work plans; and renegotiate contracts, if necessary.
Must all the health services provided to public school students by a city or county department of health in New York City also be made available to students in nonpublic schools?Services provided to public school students must be made available to nonpublic school students on an equitable basis.
Which health and welfare services must be provided?All health and welfare services which are provided to students in public schools must be available to students in nonpublic schools, including but not limited to; vision, hearing and scoliosis screening tests, physical examinations, dental screening, in-school immunization, and emergency care for ill or injured students.
Are there any limitations on the number or kind of services provided and the location at which they may be given?Yes. The following specifications must be observed for sectarian nonpublic schools:
- The following services may properly be rendered by school districts to students attending nonpublic schools on nonpublic school premises: all of the services performed by a physician, dentist, dental hygienist or nurse, including but not limited to; dental prophylaxis; vision, hearing and scoliosis screening tests; recording health histories; physical examinations and in-school immunization; maintaining cumulative health records; and administering emergency care programs for ill or injured students. The services of a school psychologist and a school speech language pathologist may be rendered on nonpublic school premises only to the extent that such services are diagnostic in nature. To the extent that the services of a school psychologist or school speech language pathologist are therapeutic or remedial in nature, they may be rendered to a student attending a nonpublic school only on a religiously neutral site.
Which services are specifically identified as therapeutic or remedial in nature?Services of an instructional nature are considered therapeutic or remedial; services to assess or evaluate students are not considered therapeutic or remedial.
What is a "religiously neutral site"?Such a site may be, but is not limited to, a public school, a mobile unit, or some other public location.
Is the public school district responsible for providing transportation to a "religiously neutral site"?Such transportation must be provided if the distance to the site exceeds ¼ mile.
Must a nonpublic school request all of the health and welfare services provided to public school students?No. The nonpublic school may request only those services it needs or wants for its students.
Who pays for the services to nonresident students?Section 912 of the Education Law requires the school district in which the student resides to pay for health services provided to students residing in one district but attending a nonpublic school in another district.
How is this arranged?The school district in which the nonpublic school student lives and the school district providing the services enter into a written contract. The district providing the services determines the appropriate charge.
Are students enrolled in nonpublic schools who are not residents of New York State entitled to these services?No. No district is required to provide health and welfare services to students who are not residents of New York State.
If a nonpublic school has both day and boarding students, must the health and welfare services be provided to both groups?School health services must be provided to both groups of the students who are New York State residents. However, the school district is not required to provide 24-hour service to the boarding students. Again, no district is required to provide health and welfare services to students who are not residents of New York State.
If a nonpublic school does not request health services, must health services be provided?No.
When health services are requested must the school district or city or county department of health also provide equipment and supplies?The law is silent on this point. In practice, the nonpublic school provides all of the permanent, nonconsumable facilities and equipment, e.g., room, furniture, files, scale, telephone and utilities; and the school district provides the consumable supplies, e.g., bandaids, tongue blades, thermometers, student health records and related forms. Equipment such as audiometers and mechanical vision testers are usually provided by the school district for the duration of the testing period.
Must the school district provide exactly the same kind of staff and hours of coverage to the nonpublic school students as are provided to the public school students?No. The law specifies that the services performed and provided by the staff must be the same. The nature of staff coverage may vary and should be based on factors related to student need, student enrollment and time needed to provide the requested services, subject to state and federal laws.
Must a school district provide school nursing services in a nonpublic school?If the district provides nursing services in public schools, these services are to be made available to a nonpublic school on a basis proportional to the number and needs of students in the school. This may mean that a school nurse could spend a few hours a week in a school or be assigned fulltime to a school.
How is the equivalency of health and welfare services determined?Equivalence of services is based upon the nature, scope and quality of the health and welfare services provided for the students in the school district in which the nonpublic school is located. The determination of equivalency of health and welfare services is made by the superintendent of the district which provides the services. Also, a school district may not provide any services not currently available to public school students.
Are the services if a speech language pathologist and school psychologist considered to be within the classification of health and welfare services?Yes.
May all the health and welfare services be delivered in nonsectarian nonpublic schools?Yes.
May these services be delivered in sectarian schools?That depends on the nature of the services requested. Diagnostic and evaluative services may be delivered in sectarian schools, but services which are therapeutic or remedial in nature may be rendered to students who attend sectarian nonpublic schools only if they are delivered at a religiously neutral site.
Are there any health services that the nonpublic school must provide if it does not request health services from the public school district?Yes. Non-public schools are required to meet the immunization mandates contained in Public Health Law 2164.
May a nonpublic school ask the public school district to provide only vision screening services and no other health services?Yes. A nonpublic school may request only those portions of health services that it needs or wants for its students. Therefore, vision screening of new admissions may be the only request of a nonpublic school.
If a public school district provides in-school immunization as a health service for public school students, must this service also be provided for nonpublic school students?Yes. If the nonpublic school requests this health service, in-school immunization must be provided.
Who is responsible for maintenance, storage and disposition of the cumulative health records provided by the public school district?Day-to-day maintenance of student health records is the responsibility of the health services staff provided by the school district. Storage and disposition of the records are the responsibility of the nonpublic school.
How long must a nonpublic school retain these records?
- While the law does not address this directly, it is recommended that nonpublic schools follow the record retention and disposition schedule prescribed for public schools.
- The retention listed for two major records is:
- Cumulative student health record: Until student is 27 years old
- Immunization: 6 years, or 3 years after the student attains age 18, whichever is longer
- Information about retention of other records is available from the Office for Nonpublic Schools. (See Section IX)