Health Services

Education Law 912 requires each of the school districts in New York State to provide resident students who attend nonpublic schools with all of the same health and welfare services available to students who attend the public schools of the district. The administrators of nonpublic schools must request these services which include, but are not limited to, all of the services performed by a physician, dentist, dental hygienist, school nurse, school psychologist, school social worker and speech language pathologist. The services also may include dental prophylaxis; vision, hearing and scoliosis screening tests; recording health histories; physical examinations and in-school immunization; maintaining cumulative health records; and administering emergency care programs for ill or injured students. These services must be provided by the school district in which the nonpublic school is located.

In NYC health services are to be provided by the following agency and, again, students who attend nonpublic schools are entitled to the same health and welfare services as students who attend public schools:

• New York City - Office of School Health, New York City Department of Education

In cases where students attending a nonpublic school actually live in another public school district, the two public school districts must enter into a written contract governing the services to be provided and the reimbursement for such services.

1. Article 19 of Education Law and Commissioner’s Regulation 136.2(d)(2) specify the minimal school health services, which a board of education must provide for its students. (New York City is excepted from these requirements.) These include: (1) physical examinations upon entrance to school and in grades pre-K or K,,2,4, 7 and 10 and at any other time deemed necessary by school authorities in the educational interests of the student; (2) a vision screening test for all students upon entrance to school and in grades pre-K or K,1,2,3,5,7, and 10.; (3) a hearing screening test for all students upon entrance to school and in grades pre-K or K,1,3,5,7, and 10 (4) a scoliosis (spinal) screening test for all students in grades 5-9: (5) the maintenance of cumulative health records; (6) written notification to to inform parents or other persons in parental relation to the child, pupils and teachers of the individual child's health condition subject to federal and state confidentiality laws;; (7) emergency care of ill or injured students; and (8) compliance with and enforcement of mandatory immunization requirements; to guide parents, children and teachers in procedures for preventing and correcting defects and diseases; to instruct the school personnel in procedures to take in case of accident or illness; to survey and make necessary recommendations concerning the health and safety aspects of school facilities and the provision of health information.

When health and welfare services are requested by a nonpublic school, the board of education or city or county department of health is obligated to provide services equivalent to those provided to public school students in the district in which the nonpublic school is located. In the Questions and Answers below, references to provision of health services by the public school district include the provision of those services by the appropriate city or county department of health.