SSS

Student Support Services

ARTICLE 19 - Section

§ 901. School health services to be provided

  1. School health services, as defined in subdivision two of this section, shall be provided by each school district for all students attending the public schools in this state, except in the city school district of the city of New York, as provided in this article. School health services shall include the services of a registered professional nurse, if one is employed, and shall also include such services as may be rendered as provided in this article in examining students for the existence of disease or disability and in testing the eyes and ears of such students.
  2. School health services for the purposes of this article shall mean the several procedures, including, but not limited to, medical examinations, 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 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.

§ 902. Employment of health professionals

  1. As used in this article "health professionals" means persons duly licensed or otherwise authorized to practice a health profession pursuant to applicable law, including, but not limited to, physicians, registered professional nurses, nurse practitioners, physicians assistants, optometrists, dentists, dental hygienists, dietitians and nutritionists, and audiologists.
    1. The board of education, and the trustee or board of trustees of each school district, shall employ, at a compensation to be agreed upon by the parties, a qualified physician, or a nurse practitioner to the extent authorized by the nurse practice act and consistent with the written practice agreement pursuant to subdivision three of section six thousand nine hundred two of this chapter, to perform the duties of the director of school health services, including any duties conferred on the school physician or school medical inspector under any provision of law, to perform and coordinate the provision of health services in the public schools and to provide health appraisals of students attending the public schools in the city or district. The physicians or nurse practitioners so employed shall be duly licensed pursuant to applicable law.
    2. Any such board or trustees may employ one or more school nurses, who shall be registered professional nurses, as well as other health professionals, as may be required. Such registered professional nurses and other health professionals shall aid the director of school health services of the district and shall perform such duties, including health instruction for the benefit of the public schools as may be prescribed by such board or trustees, in compliance with each such health professional's practice act.
  2. Health professionals may be employed by the trustees or boards of education of two or more school districts, and the compensation of such health professionals, and the expenses incurred in providing school health services for students as provided in this article, shall be borne jointly by such districts, and be apportioned among them in any manner agreed to by such districts in a sharing agreement entered pursuant to section one hundred nineteen-o of the general municipal law. The trustees or boards of education of two or more school districts in a supervisory district may enter into an agreement, or agreements as may be required, with a board of cooperative educational services for the provision of the services of one or more registered professional nurses, and other health professionals to perform health services, including health instruction in such districts.

§ 903. Students to furnish health certificates; and dental health certificates.

  1. A health certificate shall be furnished by each student in the public schools upon his or her entrance in such schools and upon his or her 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 any applicable written practice agreement, or by a duly licensed physician, 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 attendance at the public schools. Each such certificate 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. 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 shall conduct such a test and the certificate shall state the results.
  2.     
    1. A dental health certificate shall be requested from each student. Each student is requested to furnish a dental health certificate at the same time that health certificates are required. An assessment and dental health history of any child may be requested 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 dentist, or a registered dental hygienist who is authorized by law to practice in this state, and consistent with any applicable written practice agreement, or by a duly licensed dentist registered dental hygienist who is authorized to practice in the jurisdiction in which the assessment 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 dental health condition of the student when the assessment was made, which shall not be more than twelve months prior to the commencement of the school year in which the assessment is requested, and shall state whether such student is in fit condition of dental health to permit his or her attendance at the public schools.
    2. A notice of request for dental health certificates shall be distributed at the same time that parents or person in parental relationship to students are notified of health examination requirements and shall state that a list of dental practices, dentists and registered dental hygienists to may be referred for dental services on a free or reduced cost basis is available upon request at the child's school. The department shall, in collaboration with the department of health, compile and maintain a list of dental practices, dentists and registered dental hygienists to which children may be referred for dental services on a free or reduced cost basis. Such list shall be made available to all public schools and be made available to parents or person in parental relationship upon request. The department shall promulgate regulations to ensure the gathering and dissemination of the proper information to interested parties.
  3.   
    1. Within thirty days after the student's entrance in such schools or grades, the health certificate shall be submitted to the principal or his or her designee and shall be filed in the student's cumulative health record. If such student does not present a health certificate as required in this section, unless he or she has been accommodated on religious grounds, the principal or the principal's designee shall cause a notice to be sent to the parents or person in parental relationship to such student that if the required health certificate is not furnished within thirty days from the date of such notice, an examination will be made of such student, as provided in this article. Each school and school district chosen as part of an appropriate sampling methodology 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 reported on the school health certificate and which shall be subject to audit by the commissioner of health. Such surveys shall contain the information required pursuant to subdivision one of this section in relation to students' BMI and 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 may require for the purpose of such audit. The BMI and weight status survey and audit as described in this subdivision shall be conducted consistent with confidentiality requirements imposed by federal law.
    2. Within thirty days after the student's entrance in such schools or grades, the dental health certificate, if obtained, shall be filed in the student's cumulative health record.
  4. Notwithstanding the provisions of subdivisions one, two and three of this section, no examinations for a health certificate or health history shall be required or dental certificate requested, and no screening examinations for sickle cell anemia 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 or health history conflict with their genuine and sincere religious beliefs.

§ 904. Examinations by health appraisal

  1. Each principal of a public school, or his or her 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 examined and tested to ascertain whether any student has defective sight or hearing, or any other physical disability which may tend to prevent him or her from receiving the full benefit 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 shall conduct such tests and the certificate shall state the results. If it should be ascertained, upon such test or examination, that any of such students have defective sight or hearing, or other physical disability, including sickle cell anemia, as above described, the principal or his or her designee shall notify the parents of, or other persons in parental relation to, the child as to the existence of such disability. 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 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 methodology 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 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 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 confidentiality 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.
  2. Notwithstanding the provisions of subdivision one of this section, no examinations shall be required pursuant to this section 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.

§ 905. Record of screening examinations for vision, hearing and scoliosis

  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 of vision, hearing, and scoliosis of all students at such times and as defined in the regulations of the commissioner, and at any time deemed necessary.
  2. 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 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 scoliosis shall be in writing 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.
  3. 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 education, 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.
  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 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 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.

§ 906. Existence of communicable diseases; return after illness

  1. Whenever, upon investigation and evaluation by the director of school health services or other health professionals acting upon direction or referral of such director for care and treatment, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, he or she shall be excluded from the school and sent home immediately, in a safe and proper conveyance. The director of school health services shall immediately notify a local public health agency of any disease reportable under the public health law.
  2. Following absence on account of illness or from unknown cause, the director of school health services may examine each student returning to a school without a certificate from a local public health officer, a duly licensed physician, physician assistant, or nurse practitioner.
  3. The director of school health services, or other health professionals acting upon direction or referral of such director, may make such evaluations of teachers and any other school employees, school buildings and premises as, in their discretion, they may deem necessary to protect the health of the students and staff.

§ 907. Use of sunscreen

The board of education or trustees of each school district and board of cooperative educational services, and the governing body of each private elementary, middle and secondary school, shall allow students to carry and use topical sunscreen products approved by the federal Food and Drug Administration for over-the-counter use for the purpose of avoiding overexposure to the sun and not for medical treatment of an injury or illness, with the written permission of the parent or guardian of the student. A record of such permission shall be maintained by the school. A student who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the student, if permitted by a parent or guardian and authorized by the school.

§ 909. School hygiene districts

  1. The board of supervisors of any county, with the approval of the commissioner of education, shall have power to establish in such county a school hygiene district which shall include the supervisory district or districts in such county, as defined in this chapter. The board of education of any union free school district of four thousand five hundred or more population, which employs a superintendent of schools, or of any city having a population of less than fifty thousand, within such county, may at any time adopt a resolution requesting that such union free school district or city be included within such school hygiene district, and after the approval of such request by the district committee on school hygiene, herein-below mentioned, and by the commissioner of education, and upon the subsequent filing by the clerk of such board of education of a certified copy of such resolution and of a certified copy of such approvals with the clerk of the board of supervisors, such union free school district or city shall be included within such school hygiene district.
  2. When such a school hygiene district is established, as hereinabove provided, the board of supervisors shall appropriate funds for the salary and necessary expenses of a district director of school hygiene. Funds may also be appropriated for assistants to the director of school hygiene. Within thirty days after such appropriation is made the chairman of the board of supervisors shall call a meeting, to be held at a date as early as practicable, of the district superintendents and school superintendents in such school hygiene district together with the chairman of the board of supervisors, at which meeting such persons shall organize themselves into a district committee on school hygiene and shall elect a chairman thereof. In any school hygiene district which includes part or all of a county health district, as defined in the public health law, the district health officer of such county health district shall be a member of such committee. The district director of school hygiene and assistants shall be appointed by and work under the direction of such district committee on school hygiene. They shall meet the qualifications established by the commissioner of education and be certificated as supervisors of teachers. Any person appointed as such district director of school hygiene shall be a physician duly licensed and registered to practice in this state and shall have practiced as a physician, or been engaged in public health work, for at least two years.
  3. It shall be the duty of the district director of school hygiene to advise, assist, and exercise general supervision over, medical inspectors, dentists and school nurses in the public schools in such school hygiene district; to keep informed as to their work and require such reports from them as he may deem necessary; to see that suitable recommendations based on the findings of the medical inspectors in their examinations of pupils are brought to the attention of their teachers and of those in parental relation to such pupils; to aid, and keep informed as to the work of, oral hygienists, nutrition workers, and other school employees engaged in health work in such schools; to inspect, and report to the proper authorities on, the sanitary conditions of school buildings, and in other ways to promote the physical welfare and health education of pupils. Whenever the board of supervisors, or, in a county constituting, in whole or in part, a county health district, the district health officer thereof, shall, under any provisions of law now in force or hereafter enacted, assign any public health nurse to the duties of a school nurse in any school or schools within a school hygiene district, she may be assigned to perform such duties under the direct control of the district director of school hygiene of such school hygiene district. Such district director of school hygiene shall be subject to supervision by the state medical inspector of schools.
  4. If it be ascertained upon any test or examination held by a medical inspector under the provisions of section nine hundred four of this article in any of the school districts within a school hygiene district that any of the pupils are afflicted with defective sight or hearing or other physical disability and the parents have been duly notified as to the existence of such defects and physical disability and are unable to provide the necessary relief and treatment for such pupils and such fact is reported by said medical inspector to the district director of school hygiene, such district director shall have power and it shall be his duty to provide relief for such pupils within the amount appropriated for such purpose by the board of supervisors.
  5. The board of supervisors, after determining the amount of the appropriation necessary for the salary and expenses of such district director of school hygiene and assistants, shall levy one-half of such amount by tax on the towns, union free school districts and cities, if any, included within such school hygiene district, and shall apportion such amount, so levied, among such towns, union free school districts and cities, according to the assessed valuation of the taxable property therein. Whenever a board of supervisors shall make such an appropriation and levy such a tax, the commissioner of education shall apportion to each such town, union free school district and city, an amount equal to that so levied upon each such respective town, union free school district or city. The board of supervisors shall likewise, after determining the amount of the appropriation necessary for expenses incurred for the relief of pupils under subdivision four of this section, levy the total amount by tax upon the towns, union free school districts and cities, if any, included within such school hygiene district, and shall apportion such amount so levied among such towns, union free school districts and cities according to the assessed valuation of the taxable property therein. The sums collected from the taxes so levied, and the amount apportioned by the commissioner of education, shall be paid to the county treasurer of such county, who shall expend such moneys for the purposes hereinabove provided and in the same manner as other county charges are paid.

§ 910. Choice of method of treatment

Whenever affected by the requirements of this article, the school employee so affected, and, in the case of a child, the parent of, or person in parental relation to, such child, shall have the right to determine the form or manner of treatment or remedial care to be prescribed or applied, but the treatment or remedial care must be in accordance with and as allowed under the provisions of article one hundred thirty-one of this chapter.

§ 911. Enforcement

  1. It shall be the duty of the commissioner to enforce the provisions of this article, and the commissioner may adopt rules and regulations not inconsistent herewith, after consultation with the state commissioner of health, for the purpose of carrying into full force and effect the objects and intent of this article.
  2. The commissioner may, in his or her discretion, withhold the public money from a district which willfully refuses or neglects to comply with this article and the rules and regulations made under this article

§ 912. Health and welfare services to all children

The voters and/or trustees or board of education of every school district shall, upon request of the authorities of a school other than public, provide resident children who attend such school with any or all of the health and welfare services and facilities which are made available by such voters and/or trustees or board of education to or for children attending the public schools of the district. Such services may include, but are not limited to all services performed by a physician, physician assistant, dentist, dental hygienist, registered professional nurse, nurse practitioner, school psychologist, school social worker or school speech therapist, and may also include dental prophylaxis, vision and hearing screening examinations, the taking of medical histories and the administration of health screening tests, the maintenance of cumulative health records and the administration of emergency care programs for ill or injured students. Any such services or facilities shall be so provided notwithstanding any provision of any charter or other provision of law inconsistent herewith. Where children residing in one school district attend a school other than public located in another school district, the school authorities of the district of residence shall contract with the school authorities of the district where such nonpublic school is located, for the provision of such health and welfare services and facilities to such children by the school district where such nonpublic school is located, for a consideration to be agreed upon between the school authorities of such districts, subject to the approval of the qualified voters of the district of residence when required under the provisions of this chapter. Every such contract shall be in writing and in the form prescribed by the commissioner, and before such contract is executed the same shall be submitted for approval to the superintendent of schools having jurisdiction over such district of residence and such contract shall not become effective until approved by such superintendent.

§ 912-a. Urine analysis; drug detection

  1. The school authorities of each school district within the state may cause all children attending grades seven through twelve, inclusive, in the public and private schools located within such districts, to be separately and carefully examined in order to ascertain whether any such children are making use of dangerous drugs.
  2. Such examination may be made only upon the written request or consent of a parent of, or person in parental relation to, a child. Such examination shall be conducted without notice to the child and shall include the supervised taking of a urine sample which shall be analyzed for such drugs and in accordance with such standards as shall be acceptable to the New York state office of alcoholism and substance abuse services, or its successor agency. The results of such examination shall be promptly forwarded to the school authorities. If it should be ascertained, upon such test or examination, that any child is making use of dangerous drugs, the school authorities shall report same to the social services department for the social services district wherein such school is located and to the parent of, or person in parental relation to, such child together with a statement to such parent or person in parental relation as to available programs and facilities to combat such dangerous drug usage. The local social services department shall be empowered, in an appropriate case, to take such action and offer such protective social services as are prescribed by title six of article six of the social services law.
  3. Except as required in this section, information resulting from an examination conducted pursuant to this section shall be kept confidential and shall not be used for law enforcement purposes but may be utilized only for statistical, epidemiological or research purposes.
  4. Any record or information compiled from such examination which identifies an individual student as a user of dangerous drugs shall be maintained separate and apart from such student's other educational records and in appropriate confidence and shall be destroyed upon such student's graduation or final severance from the secondary educational school system in this state. Notwithstanding any provision of this section to the contrary, no such examination shall be required where a student objects thereto on the grounds that such examinations conflict with their genuine and sincere religious beliefs.

§ 912-b. Speech and language improvement services

  1. The board of education or trustees of each school district and the city school district of the city of New York may provide speech and language improvement services to students in grades kindergarten through six with speech impairments of a severity that does not adversely affect the student's educational performance but does present a barrier to communication.
  2. Any student, who is determined to be in need of such speech and language improvement services, shall receive such upon the recommendation of the building administrator.
  3. A student, whose speech impairment adversely affects the student's educational performance shall be referred to the committee on special education for further evaluation and recommendation for special education services and programs, pursuant to article eighty-nine of this chapter.

§ 913. Medical examinations of teachers and other employees

In order to safeguard the health of children attending the public schools, the board of education or trustees of any school district or a board of cooperative educational services shall be empowered to require any person employed by the board of education or trustees or board of cooperative educational services to submit to a medical examination by a physician or other health care provider of his or her choice or the director of school health services of the board of education or trustees or board of cooperative educational services, in order to determine the physical or mental capacity of such person to perform his or her duties. The person required to submit to such medical examination shall be entitled to be accompanied by a physician or other person of his or her choice. The determination based upon such examination as to the physical or mental capacity of such person to perform his or her duties shall be reported to the board of education or trustees or board of cooperative educational services and may be referred to and considered for the evaluation of service of the person examined or for disability retirement.

§ 914. Immunization of children

  1. Each school shall require of every child entering or attending such school proof of immunization in accordance with the provisions of section twenty-one hundred sixty-four of the public health law.
  2. Each school district shall assist and cooperate with the municipality in the development of a plan required by section six hundred thirteen of the public health law.
  3. Each school district shall participate in the surveys directed by the state commissioner of health pursuant to section six hundred thirteen of the public health law of the immunization level of the children entering and attending school within such district, and which shall be subject to audit by the state commissioner of health. Each school and school district shall provide the state commissioner of health with any records and reports required for the purpose of such audit. In no event shall the state commissioner of health disclose a student's identity.

§ 915. Prohibiting the sale of certain sweetened foods

From the beginning of the school day until the end of the last scheduled meal period, no sweetened soda water, no chewing gum, no candy including hard candy, jellies, gums, marshmallow candies, fondant, licorice, spun candy and candy coated popcorn, and no water ices except those which contain fruit or fruit juices, shall be sold in any public school within the state.

§ 916. Pupils afflicted with asthma

The board of education or trustees of each school district and board of cooperative educational services shall allow pupils who have been diagnosed by a physician or other duly authorized health care provider with a severe asthmatic condition to carry and use a prescribed inhaler during the school day, with the written permission of a physician or other duly authorized health care provider, and parental consent, based on such physician's or provider's determination that such pupil is subject to sudden asthmatic attacks severe enough to debilitate such pupil. A record of such permission shall be maintained in the school office. In addition, upon the written request of a parent or person in parental relation, the board of education or trustees of a school district and board of cooperative educational services shall allow such pupils to maintain an extra such inhaler in the care and custody of a registered professional nurse employed by such district or board of cooperative educational services. Nothing in this section shall require a school district or board of cooperative educational services to retain a school nurse solely for the purpose of taking custody of a spare inhaler, or require that a school nurse be available at all times in a school building for such purpose.

§ 917. On-site cardiac automated external defibrillator

  1. School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies.
  2. Whenever public school facilities pursuant to subdivision one of this section are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one staff person who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of the public health law, in the operation and use of an AED. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall assure that automated external defibrillator equipment is provided on-site.
  3. Public school facilities and staff pursuant to subdivisions one and two of this section shall be deemed a "public access defibrillation provider" as defined in paragraph (c) of subdivision one of section three thousand-b of the public health law and shall be subject to the requirements and limitations of such section.
  4. Pursuant to section three thousand-a and three thousand-b of the public health law, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of the public health law.

§ 918. School district nutrition advisory committees

    1. Every school district is hereby authorized and encouraged to establish a child nutrition advisory committee. b. The district advisory committee is encouraged to meet at least quarterly. c. The committee is encouraged to include, but not be limited to, a representative of the school board, the food preparation staff, the physical education departments, the school nurse or health staff, a registered dietitian, if available, the faculty of the district, the parent teacher associations in the district, the students enrolled in the district, and the parents or guardians of students enrolled in the district. d. If, due to special circumstances of a district, it is impossible or impracticable for all groups recommended to have members on the committee to be represented, the district may approve a committee that, to the greatest extent possible, represents the interests of the aforementioned groups.
  1. The district is encouraged to give, in such newsletter, if any, that precedes the commencement of school in the fall, written notice to all parents or guardians of enrolled students of the existence of a school district nutrition advisory committee and supply information as to how such interested parents or guardians may participate on such committee.
  2. The district is encouraged, to the extent practicable, to give notice to all parents or guardians and students through its regular newsletters or other regular forms of written communication as to the scheduled dates of all meetings of the advisory committee.
  3. The committee is encouraged to study all facets of the current nutritional policies of the district including, but not limited to, the goals of the district to promote health and proper nutrition, vending machine sales, menu criteria, educational curriculum teaching healthy nutrition, educational information provided to parents or guardians regarding healthy nutrition and the health risks associated with obesity, opportunities offered to parents or guardians to encourage healthier eating habits to students, and the education provided to teachers and other staff as to the importance of healthy nutrition. In addition the committee shall consider recommendations and practices of other districts and nutrition studies.
  4. The committee is encouraged to report periodically to the district regarding practices that will educate teachers, parents or guardians and children about healthy nutrition and raise awareness of the dangers of obesity. The committee is encouraged also to provide any parent teacher associations in the district with such findings and recommendations.
  5. Each June, the committee shall report to the board of the local school district regarding the status of the implementation of the district's programs to improve students' nutritional awareness and healthy diet.

§ 919. On-site nebulizers

  1. The board of education or trustees of the school district responsible for providing health services in a school, or the board of cooperative educational services in the case of programs under its jurisdiction, shall make a nebulizer available on-site in every public and private school building in which full or part time nurse services are provided. Nebulizers in such school buildings shall be made available to allow reasonable access to all public and private school students with a patient specific order, who require inhaled medications administered by a nebulizer, provided, however, that nebulizers shall be administered by a school nurse or physician pursuant to the student's patient specific order. Every nebulizer shall be maintained in working order by the school district or board of cooperative educational services that provides school health services to the school building where the nebulizer is located.
  2. The commissioner shall be authorized to promulgate regulations for the implementation of this section.* NB Effective upon contingencies of ch. 672/2007 §2
Last Updated: August 21, 2013