School Health Services

NY-ADR

1/25/17 N.Y. St. Reg. EDU-04-17-00012-P
NEW YORK STATE REGISTER
VOLUME XXXIX, ISSUE 4
January 25, 2017
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. EDU-04-17-00012-P
School Health Services
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 136.1, 136.2, 136.3 and 136.6 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 305(1), (2), 901(1), (2), 902(1), (2), 903(1), (2), (3), 904(1), 906(1), (2), (3), 921(1), (2), 3208(1), (2), (3), (4) and (5); Public Health Law, section 2164(7)
Subject:
School Health Services.
Purpose:
To conform school health regulations to ch. 58 of the Laws of 2006, ch. 57 of the Laws of 2013, and ch. 373 of the Laws of 2016.
Substance of proposed rule (Full text is posted at the following State website: www.counsel.nysed.gov/rulesandregs):
The Commissioner of Education proposes to amend sections 136.1, 136.2, 136.3, 136.6 of the Regulations of the Commissioner of Education relating to school health services. The following is a summary of the proposed rule:
Paragraph (1) of subdivision (a) of section 136.6 of the Regulations of the Commissioner of Education is amended to update the definition of epinephrine auto-injector device to conform to the definition established by Chapter 373 of the Laws of 2016 (a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body for the purpose of emergency treatment of a person appearing to experience anaphylactic symptoms approved by the Food and Drug Administration).
Paragraphs (3), (4), (5) and (6) of subdivision (a) of section 136.6 of the Regulations of the Commissioner of Education relating to collaborative agreements with emergency healthcare providers are deleted to conform to the changes made by Chapter 373 of the Laws of 2016.
Subdivision (c) of section of 136.6 Regulations of the Commissioner of Education is amended to remove the requirement that school district, board of cooperative educational services, county vocational education and extension board, charter school, or non-public elementary and secondary school file a copy of the collaborative agreement with the appropriate regional council, in accordance with the provisions of Chapter 373 of the Laws of 2016.
Subdivision (d) of section 136.6 of the Regulations of the Commissioner of Education is renumbered subdivision (c) and amended to provide that in addition to trained school personnel, school personnel directed to use an epinephrine auto-injector device in a specific instance may administer the epinephrine in the event of an emergency, in accordance with the provisions of Chapter 373 of the Laws of 2016.
Subdivision (e) of section 136.6 of the Regulations of the Commissioner of Education is deleted in accordance with the provisions of Chapter 373 of the Laws of 2016.
Subdivision (e) of section 136.1 of the Regulations of the Commissioner of Education is amended to update the reference to hearing screening in accordance with current practice.
Subdivision (f) of section 136.1 of the Regulations of the Commissioner of Education is amended to refine and update the definition of treatment within the context of school health services.
Subdivisions (i) and (j) of section 136.1 of the Regulations of the Commissioner of Education are added to include definitions of health certificate and dental health certificate.
Subdivision (b) of section 136.2 of the Regulations of the Commissioner of Education is amended to remove the exemption from providing school health services in the city school districts of the cities of Buffalo and Rochester, in accordance with the provisions of Chapter 58 of the Laws of 2006.
Paragraph (1) of subdivision (d) of section 136.2 of the Regulations of the Commissioner of Education is amended to clarify that it is the duty of the trustees and boards of education to provide both approved and adequate personnel and adequate facilities for treatment.
Subdivision (b) of section 136.3 of the Regulations of the Commissioner of Education is amended to remove the exemption for the city school districts of the cities of Buffalo and Rochester, to require the examination and health history of enrolled students in accordance with the provisions of Chapter 58 of the Laws of 2006. Subdivision (b) of section 136.3 is further amended to adjust the grade levels at which students are required to submit documentation of physical examinations and immunizations.
Subdivision (c) of section 136.3 of the Regulations of the Commissioner of Education is amended to adjust the grade levels at which students are required to submit health certificates and proof of immunization, and prescribes that such certificates must not be on a form prescribed by the Commissioner and outlines the components required to be included in such certificates, including the calculation of body mass index in accordance with Education Law § 903. Subdivision (c) of section 136.3 is further amended to clarify that when the required vision, hearing and scoliosis screenings are completed by a student’s health care provider, as documented on the health certificate form prescribed by the Commissioner, such screenings need not be duplicated in school.
Paragraph (2) of subdivision (c) of section 136.3 of the Regulations of the Commissioner of Education is amended to update the immunization requirements to conform to those required by Public Health Law section 2164(7)(a).
Paragraph (3) of subdivision (d) of section 136.3 of the Regulations of the Commissioner of Education is amended to insert the requirement that a health appraisal must include the calculation of body mass index in accordance with Education Law § 903.
Subdivision (e) of section 136.3 of the Regulations of the Commissioner of Education is amended to adjust the required grade levels in which students must receive scoliosis, vision, and hearing screenings.
Subdivision (g) of section 136.3 of the Regulations of the Commissioner of Education is amended to further clarify that the results of all health screenings shall be properly maintained in the student’s cumulative health record.
Subdivision (h) of section 136.3 of the Regulations of the Commissioner of Education is amended to clarify which health care professionals may, consistent with their scope of practice outlined in Title VII of the Education Law and within their appropriate scope of practice, exclude from school students with symptoms of communicable or infectious diseases.
Subdivision (i) of section 136.3 of the Regulations of the Commissioner of Education is amended to clarify which health care professionals may, consistent with their scope of practice outlined in Title VII of the Education Law and within their appropriate scope of practice, make health assessments of teachers and any other school employees to protect students and staff from communicable diseases.
Subdivision (k) of section 136.3 of the Regulations of the Commissioner of Education is amended to adjust the grade levels at which school districts shall request dental health certificates. Subdivision (k) is further amended to permit registered dental hygienists to complete the dental health assessment, in accordance with the provisions of Part S of Ch. 57 of the Laws of 2013.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Renee Rider, Assistant Commissioner, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 474-4817, email: regcomments@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Ed.L. § 101 charges SED with the general management and supervision of public schools and the educational work of the State.
Ed.L. § 207 empowers the Board of Regents(Regents) and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department by law.
Ed.L. § 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education.
Ed.L. § 901(1) and (2), as amended by Ch.58 of the Laws of 2006, requires school health services to 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.
Ed.L. § 902(1) and (2) provide for the employment of health professionals by school districts, and requires districts to employ a director of school health services to perform and coordinate the provision of health services in the public schools and to provide health appraisals of students attending its schools.
Ed.L. § 903(1) requires that health certificates be furnished by each student in the public schools upon entrance into school and in the grades prescribed by the Commissioner in regulations. Section 903(2), as amended by Ch.57 of the Laws of 2013, requires schools to request that students furnish dental health certificates at the same time a health certificate is required. Section 903(3) provides that failure to furnish health certificates within 30 days of entrance will result in notice to the person in parental relationship to such student that if the certificate is not provided within 30 days of notice, a health appraisal will be made pursuant to the provisions of Article 19.
Ed.L. § 904(1) provides that the principal or principal's designee shall report to the director of school health services the names of all students who have not furnished health certificates or who are children with disabilities and the director shall cause such students to be examined.
Ed.L § 905(1) requires screening examinations for vision, hearing and scoliosis at such times and as defined in the regulations of the Commissioner.
Ed.L. § 906(1), (2) and (3), provides for the exclusion and examination, and examination upon readmittance of students showing symptoms of communicable or infectious disease reportable under the Public Health Law, and for the evaluation of teachers and other school employees and school buildings and premises as deemed necessary to protect the health of students and staff.
Ed.L.§ 911(1) provides that it be the duty of the Commissioner to enforce the provisions of Ed.L.Article19, and the Commissioner may adopt rules and regulations not inconsistent herewith, after consultation with the Commissioner of Health, for the purpose of carrying into full force and effect the objects and intent of such Article.
Ed.L. § 914(1) provides that each school shall require every child entering or attending school to submit proof of immunization against certain specified diseases.
Ed.L. § 921(1) and (2), as amended by Ch.57 of the Laws of 2016 authorizes school districts, BOCES, CVEEBs, charter schools, and non-public elementary and secondary schools, or any person employed by any such entity, to administer epinephrine auto-injectors in the event of an emergency pursuant to the requirements of Public Health Law § 3000-c.
Ed.L § 3208(1-5) provides for attendance and student mental/physical examination requirements.
Public Health Law 2164(7) prescribes the required immunizations for attendance in school.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Regents relating to school health services. The proposed amendment is further necessary to implement and otherwise conform Commissioner's Regulations to Ch.58 of the Laws of 2006, Ch.57 of the Laws of 2013, and Ch.373 of the Laws of 2016.
3. NEEDS AND BENEFITS:
On-site epinephrine auto-injectors
On September 29, 2016, the Governor signed Ch.373 of the Laws of 2016, which made certain changes to the use of emergency epinephrine auto-injectors. The proposed amendment makes the following conforming changes to § 136.6:
• Amends the definition of epinephrine auto-injector device to conform to the new definition in law (a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body for the purpose of emergency treatment of a person appearing to experience anaphylactic symptoms approved by the FDA).
• Eliminates the requirement for a school district to enter into a collaborative agreement with an emergency health care provider in order to purchase, acquire, possess and use epinephrine auto-injector devices.
• School districts are no longer required to report every use of an epinephrine auto-injector to an emergency health care provider.
School Health Services
Part 136 sets forth the parameters for health services in schools. The Office of Student Support Services works closely with the Department of Health (DOH) and the New York State Center for School Health to implement these regulations. However, over time, the language surrounding best practices in health care has changed, but the regulations have not kept pace. The proposed amendments seek to address numerous requests from the field, including parents, healthcare providers, schools, and DOH, for technical amendments and updates to existing regulatory language to improve school health services for students.
§ 136.1: Definitions
• Refine and update the definition of treatment to include but not be limited to “the efforts to cure, care, ameliorate, manage or prevent diseases, disorders or injuries in need of attention wherein the student, for the most part, is a passive recipient.”
• Currently, treatment is defined as the “correction of physical defects or other health problems in need of attention wherein the student, for the most part, is a passive recipient.”
• Adds definitions for health and dental health certificates, to conform to the requirements outlined in Ed.L.§ 903.
§ 136.2: General regulations
• Prior to 2006, Ed.L. Article 19 exempted the city school districts of the cities of Rochester and Buffalo from the health services requirements implemented by these regulations. Ch.58 of the Laws of 2006 removed such exemption. The proposed amendment makes conforming changes to remove the exemption, thereby requiring Buffalo and Rochester to comply with these regulations.
• Adds clarifying language relating to the duties of boards of education to implement a program of school health services.
§ 136.3: School Health Services
• Adjusts the grade levels at which students are required to submit documentation of physical examinations and immunizations. Presently, students are required to produce a physical exam upon entry to school and in prekindergarten or kindergarten (depending on the earliest level of entry offered by such school), 2nd, 4th, 7th and 10th grades. In consultation with DOH and in accordance with the guidelines from Bright Futures, a national health promotion and prevention initiative led by the American Academy of Pediatrics1, the proposed amendment changes these grade levels to upon entry to school and prekindergarten or kindergarten, 1st, 3rd, 5th, 7th and 9th grades. Aligning the grade levels with Bright Futures will permit more students to have physical examinations and screenings performed by their own health care provider, since most health insurances, such as Medicaid, typically adopt the schedules recommended by Bright Futures.
• Further define the required components of the heath certificate. Presently, because each individual school district creates their own form, there exists confusion in the field as to the required components of the required health certificate. The current regulation prescribes the components of the certificate, but not a particular format. The proposed amendment require the health certificate to be on a form prescribed by the Commissioner to ensure clarity and consistency of communication between schools, parents, and healthcare professionals.
• Clarify that when the required vision, hearing and scoliosis screenings are completed by a student’s health care provider, as documented on the health certificate form prescribed by the Commissioner, such screenings need not be duplicated in school.
• Technical changes to comply with Ed.L.§ 904 relating to the calculation of body mass index (BMI).
• Adjust the required grade levels in which students must receive scoliosis, vision, and hearing screenings.
o Scoliosis: Adjust the timetables and manner of providing scoliosis screening in accordance with the recommendations from NYSDOH and the American Academy of Orthopaedic Surgeons, the Scoliosis Research Society, the Pediatric Orthopaedic Society of North America, and the American Academy of Pediatrics.2
o Vision Screening: In accordance with the recommendations of the American Academy of Pediatrics, Bright Futures and in consultation with the NYS Board for Optometry, the proposed amendment provides that where not documented in a student’s health certificate, vision screenings should include both distance acuity and near vision and be conducted in prekindergarten or kindergarten, 1st, 3rd, 5th, 7th, and 10th grades, and at any other time deemed necessary.
o Hearing Screening: In accordance with the recommendations of the American Academy of Pediatrics, Bright Futures and in consultation with the NYS Board for Speech-Language Pathology and Audiology, the proposed amendment provides that, where not documented in a student’s health certificate, hearing screenings should include pure tone screening, and be conducted within six months of admission to school, in prekindergarten or kindergarten 1st, 3rd, and 5th grades, and at any other time deemed necessary.
• Further clarify that the results of all health screenings shall be properly maintained in the student’s cumulative health record.
• Make conforming changes to the required dental health certificates, in accordance with the provisions of Part S of Ch. 57 of the Laws of 2013. These changes include permitting registered dental hygienists to complete the dental health assessment.
• Clarify which health care professionals (consistent with their scope of practice outlined in Ed.L. Title VIII) may, within their appropriate scope of practice, exclude from school students with symptoms of communicable or infectious diseases.
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local government: In general, the proposed rule does not impose any costs beyond those required by Education Law Article 19 and those inherent in Ch.373 of the Laws of 2016.
(c) Costs to private regulated parties: none.
(d) Costs to the regulating agency for implementation and administration of this rule: none.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any new costs on the State, local governments, private regulated parties or the State Education Department, but merely implements policy enacted by the Regents relating to school health services. The proposed rule is further necessary to implement and otherwise conform Commissioner's Regulations to Ch.58 of the Laws of 2006, Ch.57 of the Laws of 2013, and Ch.373 of the Laws of 2016.
6. PAPERWORK:
Consistent with Ed.L.§ 903, the current regulation outlines the required components of the heath certificate. The proposed amendment requires the health certificate to be on a form prescribed by the Commissioner to ensure clarity and consistency of communication between schools, parents, and healthcare professionals.
The proposed amendment further adjusts the grade levels at which students are required to submit documentation of physical examinations and immunizations. Presently, students are required to produce a physical exam upon entry to school and in prekindergarten or kindergarten (depending on the earliest level of entry offered by such school), 2nd, 4th, 7th and 10th grades. In consultation with DOH and in accordance with the guidelines from Bright Futures, a national health promotion and prevention initiative led by the American Academy of Pediatrics3, the proposed amendment changes these grade levels to upon entry to school and prekindergarten or kindergarten, 1st, 3rd, 5th, 7th and 9th grades.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal regulations.
8. ALTERNATIVES:
The proposed amendment is necessary to implement policy relating to school health services in accordance with Education Law Article 19. No significant alternatives were considered.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date.
_______________
1 See The American Academy of Pediatrics, Bright Futures, https://brightfutures.aap.org/materials-and-tools/Pages/default.aspx
2 https://www.srs.org/about-srs/news-and-announcements/position-statement---screening-for-the-early-detection-for-idiopathic-scoliosis-in-adolescents
3 See The American Academy of Pediatrics, Bright Futures, https://brightfutures.aap.org/materials-and-tools/Pages/default.aspx
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment merely implements policy enacted by the Regents relating to school health services. The proposed rule is further necessary to implement and otherwise conform Commissioner's Regulations to Ch.58 of the Laws of 2006, Ch.57 of the Laws of 2013, and Ch.373 of the Laws of 2016.
The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Government:
1. EFFECT OF RULE:
The proposed amendment applies to each of the 695 school districts within the State.
2. COMPLIANCE REQUIREMENTS:
On-site epinephrine auto-injectors
On September 29, 2016, the Governor signed Ch.373 of the Laws of 2016, which made certain changes to the use of emergency epinephrine auto-injectors. The proposed amendment makes the following conforming changes to § 136.6:
• Amends the definition of epinephrine auto-injector device to conform to the new definition in law (a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body for the purpose of emergency treatment of a person appearing to experience anaphylactic symptoms approved by the FDA).
• Eliminates the requirement for a school district to enter into a collaborative agreement with an emergency health care provider in order to purchase, acquire, possess and use epinephrine auto-injector devices.
• School districts are no longer required to report every use of an epinephrine auto-injector to an emergency health care provider.
School Health Services
Part 136 sets forth the parameters for health services in schools. The Office of Student Support Services works closely with the Department of Health (DOH) and the New York State Center for School Health to implement these regulations. However, over time, the language surrounding best practices in health care has changed, but the regulations have not kept pace. The proposed amendments seek to address numerous requests from the field, including parents, healthcare providers, schools, and DOH, for technical amendments and updates to existing regulatory language to improve school health services for students.
§ 136.1: Definitions
• Refine and update the definition of treatment to include but not be limited to “the efforts to cure, care, ameliorate, manage or prevent diseases, disorders or injuries in need of attention wherein the student, for the most part, is a passive recipient.”
• Adds definitions for health and dental health certificates, to conform to the requirements outlined in Ed.L.§ 903.
§ 136.2: General regulations
• Prior to 2006, Ed.L.Article 19 exempted the city school districts of the cities of Rochester and Buffalo from the health services requirements implemented by these regulations. Ch.58 of the Laws of 2006 removed such exemption. The proposed amendment makes conforming changes to remove the exemption, thereby requiring Buffalo and Rochester to comply with these regulations.
• Adds clarifying language relating to the duties of boards of education to implement a program of school health services.
§ 136.3: School Health Services
• Adjusts the grade levels at which students are required to submit documentation of physical examinations and immunizations. Presently, students are required to produce a physical exam upon entry to school and in prekindergarten or kindergarten (depending on the earliest level of entry offered by such school), 2nd, 4th, 7th and 10th grades. In consultation with DOH and in accordance with the guidelines from Bright Futures, a national health promotion and prevention initiative led by the American Academy of Pediatrics1, the proposed amendment changes these grade levels to upon entry to school and prekindergarten or kindergarten, 1st, 3rd, 5th, 7th and 9th grades. Aligning the grade levels with Bright Futures will permit more students to have physical examinations and screenings performed by their own health care provider, since most health insurances, such as Medicaid, typically adopt the schedules recommended by Bright Futures.
• Further define the required components of the heath certificate. Presently, because each individual school district creates their own form, there exists confusion in the field as to the required components of the required health certificate. The current regulation prescribes the components of the certificate, but not a particular format. The proposed amendment require the health certificate to be on a form prescribed by the Commissioner to ensure clarity and consistency of communication between schools, parents, and healthcare professionals.
• Clarify that when the required vision, hearing and scoliosis screenings are completed by a student’s health care provider, as documented on the health certificate form prescribed by the Commissioner, such screenings need not be duplicated in school.
• Technical changes to comply with Ed.L.§ 904 relating to the calculation of body mass index (BMI).
• Adjust the required grade levels in which students must receive scoliosis, vision, and hearing screenings.
o Scoliosis: Adjust the timetables and manner of providing scoliosis screening in accordance with the recommendations from NYSDOH and the American Academy of Orthopaedic Surgeons, the Scoliosis Research Society, the Pediatric Orthopaedic Society of North America, and the American Academy of Pediatrics.2
o Vision Screening: In accordance with the recommendations of the American Academy of Pediatrics Bright Futures and in consultation with the NYS Board for Optometry, the proposed amendment provides that where not documented in a student’s health certificate, vision screenings should include both distance acuity and near vision and be conducted in prekindergarten or kindergarten, 1st, 3rd, 5th, 7th, and 10th grades, and at any other time deemed necessary.
o Hearing Screening: In accordance with the recommendations of the American Academy of Pediatrics Bright Futures and in consultation with the NYS Board for Speech-Language Pathology and Audiology, the proposed amendment provides that, where not documented in a student’s health certificate, hearing screenings should include pure tone screening, and be conducted within six months of admission to school, in prekindergarten or kindergarten 1st, 3rd, and 5th grades, and at any other time deemed necessary.
• Further clarify that the results of all health screenings shall be properly maintained in the student’s cumulative health record.
• Make conforming changes to the required dental health certificates, in accordance with the provisions of Part S of Ch.57 of the Laws of 2013. These changes include permitting registered dental hygienists to complete the dental health assessment.
• Clarify which health care professionals (consistent with their scope of practice outlined in Ed.L. Title VIII) may, within their appropriate scope of practice, exclude from school students with symptoms of communicable or infectious diseases.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements.
4. COMPLIANCE COSTS:
In general, the proposed rule does not impose any costs beyond those required by Education Law Article 19 and those inherent in Ch.373 of the Laws of 2016.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any technological requirements or costs on school districts.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy relating to school health services in accordance with Education Law Article 19. No significant alternatives were considered. Because the Regents policy and statute upon which the proposed amendment is based applies to all school districts and BOCES in the State, except for the city school district of the City of New York where exempted by statute, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts.
_______________
1 See The American Academy of Pediatrics, Bright Futures, https://brightfutures.aap.org/materials-and-tools/Pages/default.aspx
2 https://www.srs.org/about-srs/news-and-announcements/position-statement---screening-for-the-early-detection-for-idiopathic-scoliosis-in-adolescents
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to school districts, boards of cooperative educational services (BOCES), county vocational education and extension board, charter schools, and nonpublic elementary and secondary schools, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.
2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule generally does not impose any additional compliance requirements upon local governments beyond those required by Education Law Article 19. Consistent with Ed.L.§ 903, the current regulation outlines the required components of the heath certificate. The proposed amendment requires the health certificate to be on a form prescribed by the Commissioner to ensure clarity and consistency of communication between schools, parents, and healthcare professionals.
Consistent with the authority provided by Ed.L. § 903(1), the proposed amendment further adjusts the grade levels at which students are required to submit documentation of physical examinations and immunizations. Presently, students are required to produce a physical exam upon entry to school and in prekindergarten or kindergarten (depending on the earliest level of entry offered by such school), 2nd, 4th, 7th and 10th grades. In consultation with DOH and in accordance with the guidelines from Bright Futures, a national health promotion and prevention initiative led by the American Academy of Pediatrics1, the proposed amendment changes these grade levels to upon entry to school and prekindergarten or kindergarten, 1st, 3rd, 5th, 7th and 9th grades.
The proposed rule does not impose any additional professional services requirements on entities in rural areas.
3. COMPLIANCE COSTS:
In general, the proposed rule does not impose any costs beyond those required by Education Law Article 19 and those inherent in Ch.373 of the Laws of 2016.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement policy relating to school health services in accordance with Education Law Article 19. No significant alternatives were considered. Because the Regents policy and statute upon which the proposed amendment is based applies to all school districts and BOCES in the State, except for the city school district of the City of New York where exempted by statute, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt schools in rural areas from coverage by the proposed amendment.
5. RURAL AREA PARTICIPATION:
The proposed rule was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts in rural areas.
_______________
1 See The American Academy of Pediatrics, Bright Futures, https://brightfutures.aap.org/materials-and-tools/Pages/default.aspx
Job Impact Statement
The purpose of the proposed rule is to statutes and is necessary to implement policy enacted by the Regents relating to school health services. The proposed amendment is further necessary to implement and otherwise conform Commissioner's Regulations to Ch. 58 of the Laws of 2006, Ch. 57 of the Laws of 2013, and Ch. 373 of the Laws of 2016. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
End of Document