A 2718: Requires electrocardiograms be provided by school health services to screen for heart conditions; requires electrocardiograms be conducted on students to screen for heart conditions in order to attend school.

  
  STATE OF NEW YORK ________________________________________________________________________ 2718 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Subdivision 2 of section 901 of the education law, as added 2 by chapter 477 of the laws of 2004, is amended to read as follows: 3 2. School health services for the purposes of this article shall mean 4 the several procedures, including, but not limited to, medical examina- 5 tions, electrocardiograms, dental inspection and/or screening, scoliosis 6 screening, vision screening and audiometer tests, designed to determine 7 the health status of the child; to inform parents or other persons in 8 parental relation to the child, pupils and teachers of the individual 9 child's health condition subject to federal and state confidentiality 10 laws; to guide parents, children and teachers in procedures for prevent- 11 ing and correcting defects and diseases; to instruct the school person- 12 nel in procedures to take in case of accident or illness; to survey and 13 make necessary recommendations concerning the health and safety aspects 14 of school facilities and the provision of health information. 15 § 2. Section 905 of the education law, as amended by chapter 477 of 16 the laws of 2004, is amended to read as follows: 17 § 905. Record of screening examinations and electrocardiograms for 18 vision, hearing and scoliosis, and heart conditions. 1. The director of 19 school health services of each school district in this state that is 20 required to provide school health services, or the health department or 21 agency otherwise responsible to provide such services, shall conduct 22 screening examinations and electrocardiograms of vision, hearing, [and] 23 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 
 A. 2718 2 1 defined in the regulations of the commissioner, and at any time deemed 2 necessary. 3 2. (a) Notwithstanding any other provisions of any general, special or 4 local law, the school authorities charged with the duty of making such 5 screening examinations of students for the presence of scoliosis pursu- 6 ant to this section shall not suffer any liability to any person as a 7 result of making such screening examination, which liability would not 8 have existed by any provision of law, statutory or otherwise, in the 9 absence of this section. The positive results of any such screening 10 examinations of students for the presence of scoliosis shall be in writ- 11 ing and the parent of, or person in parental relation to, any child in 12 whom the presence of scoliosis is found shall be advised of such results 13 by the school authorities within ninety days after the finding of the 14 presence of scoliosis is made. 15 (b) Notwithstanding any other provisions of any general, special or 16 local law, the school authorities charged with the duty of making such 17 electrocardiogram of students for the presence of heart conditions 18 pursuant to this section shall not suffer any liability to any person as 19 a result of making such screening examination, which liability would not 20 have existed by any provision of law, statutory or otherwise, in the 21 absence of this section. The positive results of any such screening 22 examinations of students for the presence of a heart condition shall be 23 in writing and the parent of, or person in parental relation to, any 24 child in whom the presence of a heart condition is found shall be 25 advised of such results by the school authorities within twenty-one days 26 after the finding of the presence of a heart condition is made. 27 3. (a) The provisions of this section relative to examination for 28 scoliosis shall be waived by the commissioner upon the filing, in 29 accordance with rules and regulations to be established and promulgated 30 by the commissioner, of a resolution, duly adopted by a board of educa- 31 tion, stating that the school district does not have the capability to 32 comply with this section relative to the examination for scoliosis and 33 that such compliance would place a financial cost upon the school 34 district, provided, however, that such resolution may not be adopted 35 prior to the holding of a public hearing on such proposed resolution. 36 Such rules and regulations to be established and promulgated by the 37 commissioner in accordance with this section shall include, but not be 38 limited to, the date for filing such resolution by a board of education 39 and to the dates for filing subsequent resolutions. 40 (b) The provisions of this section relative to electrocardiogram tests 41 for detecting heart conditions shall be waived by the commissioner upon 42 the filing, in accordance with rules and regulations to be established 43 and promulgated by the commissioner, of a resolution, duly adopted by a 44 board of education, stating that the school district does not have the 45 capability to comply with this section relative to the electrocardiogram 46 and that such compliance would place a financial cost upon the school 47 district, provided, however, that such resolution may not be adopted 48 prior to the holding of a public hearing on such proposed resolution. 49 Such rules and regulations to be established and promulgated by the 50 commissioner in accordance with this section shall include, but not be 51 limited to, the date for filing such resolution by a board of education 52 and to the dates for filing subsequent resolutions. 53 4. Vision screening examinations of students in the schools of this 54 state made pursuant to subdivision one of this section, or made pursuant 55 to the by-laws, regulations or practices of the board of education of 56 the city school district of the city of New York, shall be subject to 
 A. 2718 3 1 the provisions of this subdivision, and where inconsistent herewith, the 2 provisions of this subdivision shall prevail. In addition to any vision 3 screening examinations otherwise required by the provisions or practices 4 cited in this subdivision, all students who enroll in a school of this 5 state shall be tested for color perception, distance acuity and near 6 vision within six months of admission to the school, or by such other 7 date as may be prescribed in the regulations of the commissioner. The 8 results of any such vision screening examinations, whether made pursuant 9 to this subdivision or pursuant to the provisions or practices cited in 10 this subdivision, shall be in writing and shall be made available to the 11 student's parent or person in parental relation and to any teacher of 12 the student within the school while the student is enrolled in the 13 school, and shall be kept in a permanent file of the school for at least 14 as long as the minimum retention period for such records, as prescribed 15 by the commissioner pursuant to article fifty-seven-A of the arts and 16 cultural affairs law. 17 5. Notwithstanding any provision of this section to the contrary, no 18 screening examinations for vision, hearing, [or] scoliosis, or heart 19 condition shall be required where a student or the parent or person in 20 parental relation to such student objects thereto on the grounds that 21 such examinations conflict with their genuine and sincere religious 22 beliefs. 23 § 3. This act shall take effect on the first of July next succeeding 24 the date on which it shall have become a law. Effective immediately, 25 the addition, amendment and/or repeal of any rule or regulation neces- 26 sary for the implementation of this act on its effective date are 27 authorized to be made and completed on or before such effective date.