S 4094: Includes that health certificates furnished by each student upon their entrance into school shall include an assessment of the student for eating disorders pursuant to the assessment standards established by the commissioner of health.

  
  STATE OF NEW YORK ________________________________________________________________________ 4094 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Subdivision 1 of section 903 of the education law, as 2 amended by chapter 183 of the laws of 2017, is amended to read as 3 follows: 4 1. A health certificate shall be furnished by each student in the 5 public schools upon [his or her] their entrance in such schools and upon 6 [his or her] their entry into the grades prescribed by the commissioner 7 in regulations, provided that such regulations shall require such 8 certificates at least twice during the elementary grades and twice in 9 the secondary grades. An examination and health history of any child may 10 be required by the local school authorities at any time in their 11 discretion to promote the educational interests of such child. Each 12 certificate shall be signed by a duly licensed physician, physician 13 assistant, or nurse practitioner, who is authorized by law to practice 14 in this state, and consistent with subdivision three of section six 15 thousand nine hundred two of this chapter, or by a duly licensed physi- 16 cian, physician assistant, or nurse practitioner, who is authorized to 17 practice in the jurisdiction in which the examination was given, 18 provided that the commissioner has determined that such jurisdiction has 19 standards of licensure and practice comparable to those of New York. 20 Each such certificate shall describe the condition of the student when 21 the examination was made, which shall not be more than twelve months 22 prior to the commencement of the school year in which the examination is 23 required, and shall state whether such student is in a fit condition of 24 health to permit [his or her] their attendance at the public schools. 25 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 1 icate shall also state the student's body mass index (BMI) and weight 2 status category. For purposes of this section, BMI is computed as the 3 weight in kilograms divided by the square of height in meters or the 4 weight in pounds divided by the square of height in inches multiplied by 5 a conversion factor of 703. Weight status categories for children and 6 adolescents shall be as defined by the commissioner of health. Further- 7 more, each such certificate shall include an assessment of the student 8 for eating disorders. Such assessment shall be conducted pursuant to 9 standards established by the commissioner of health. In all school 10 districts such physician, physician assistant or nurse practitioner 11 shall determine whether a one-time test for sickle cell anemia is neces- 12 sary or desirable and [he or she] they shall conduct such a test and the 13 certificate shall state the results. 14 § 2. Subdivision 1 of section 904 of the education law, as amended by 15 section 12 of part B of chapter 58 of the laws of 2007, is amended to 16 read as follows: 17 1. Each principal of a public school, or [his or her] such principal's 18 designee, shall report to the director of school health services having 19 jurisdiction over such school, the names of all students who have not 20 furnished health certificates as provided in section nine hundred three 21 of this article, or who are children with disabilities, as defined by 22 article eighty-nine of this chapter, and the director of school health 23 services shall cause such students to be separately and carefully exam- 24 ined and tested to ascertain whether any student has defective sight or 25 hearing, an eating disorder, or any other physical disability which may 26 tend to prevent [him or her] such student from receiving the full bene- 27 fit of school work, or from requiring a modification of such work to 28 prevent injury to the student or from receiving the best educational 29 results. Each examination shall also include a calculation of the 30 student's body mass index (BMI) and weight status category. For purposes 31 of this section, BMI is computed as the weight in kilograms divided by 32 the square of height in meters or the weight in pounds divided by the 33 square of height in inches multiplied by a conversion factor of 703. 34 Weight status categories for children and adolescents shall be as 35 defined by the commissioner of health. In all school districts, such 36 physician, physician assistant or nurse practitioner shall determine 37 whether a one-time test for sickle cell anemia is necessary or desirable 38 and [he or she] they shall conduct such tests and the certificate shall 39 state the results. If it should be ascertained, upon such test or exam- 40 ination, that any of such students have defective sight or hearing, an 41 eating disorder, or other physical disability, including sickle cell 42 anemia, as above described, the principal or [his or her] such princi- 43 pal's designee shall notify the parents of, or other persons in parental 44 relation to, the child as to the existence of such disability or disor- 45 der. If the parents or other persons in parental relation are unable or 46 unwilling to provide the necessary relief and treatment for such 47 students, such fact shall be reported by the principal or [his or her] 48 such principal's designee to the director of school health services, 49 whose duty it shall be to provide relief for such students. Each school 50 and school district chosen as part of an appropriate sampling methodol- 51 ogy shall participate in surveys directed by the commissioner of health 52 pursuant to the public health law in relation to students' BMI and 53 weight status categories as determined by the examination conducted 54 pursuant to this section and which shall be subject to audit by the 55 commissioner of health. Such surveys shall contain the information 56 required pursuant to this subdivision in relation to students' BMI and 
 S. 4094 3 1 weight status categories in aggregate. Parents or other persons in 2 parental relation to a student may refuse to have the student's BMI and 3 weight status category included in such survey. Each school and school 4 district shall provide the commissioner of health with any information, 5 records and reports [he or she] such commissioner may require for the 6 purpose of such audit. The BMI and weight status survey and audit as 7 described in this section shall be conducted consistent with confiden- 8 tiality requirements imposed by federal law. Data collection for such 9 surveys shall commence on a voluntary basis at the beginning of the two 10 thousand seven academic school year, and by all schools chosen as part 11 of the sampling methodology at the beginning of the two thousand eight 12 academic school year. The department shall also utilize the collected 13 data to develop a report of child obesity and obesity related diseases. 14 § 3. This act shall take effect on the first of July next succeeding 15 the date on which it shall have become a law. Effective immediately, 16 the addition, amendment and/or repeal of any rule or regulation neces- 17 sary for the implementation of this act on its effective date are 18 authorized to be made and completed on or before such effective date.