Last Reviewed by State Dept of Education: 9/1/2004
Contact us with corrections or additions New York Last Updated: 8/5/2014
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Curriculum and Instruction
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Health Education
     Last Updated: 9/9/2013

MandateNew York State Commissioner's Regulation 135.3 (2004) requires local school boards to provide health education in elementary and secondary schools that shall include, but shall not be limited to, the misuse of alcohol, tobacco and other drugs. State Board of Education Regulation 100.3(a) (2004) and100.4(b) (2004) outline program requirements for students in grades 1-4 and 5-8, respectively, which include required instruction in health education. One half-unit course in health education is required for students in grade 7 or 8. Regulation 100.5 (2004) requires high school students to earn 1/2 unit in health education (out of 22) in order to graduate.

Curriculum Content: The New York State Board of Regents Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996) outlines learning standards for health education at three tier levels (Elementary, Intermediate, and Commencement). Local school districts are not required to follow a specific curriculum.

 
State Assessment Requirement: None.
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Physical Education
     Last Updated: 9/9/2013

MandateRegulation 11.135.4(c) (2) (a) requires daily participation in physical education for students in grades K-3 and three times each week for grades 4-6. The minimum time devoted to physical education shall be at least 120 minutes each week. For grades 7-12, the regulations require physical education 3 times per week in one semester, and 2 times per week in the second, or a comparable time each semester if the school is organized in other patterns.

Education Law 803 requires physical education instruction for all pupils above the age of eight in all elementary and secondary schools. State Board of Education Regulation 100.3(a) (2004) and100.4(b) (2004) outline program requirements for students in grades 1-4 and 5-8, respectively, which include required instruction in physical education. Regulation 100.5 (2005) requires high school students to earn 2 units in physical education (out of 22) in order to graduate. 

Exemptions:  No state policy.

Curriculum Content: Standard 1 of the Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996) outlines learning standards for physical education, but does not require schools adhere to a specific curriculum.

 
Physical Fitness Assessment: Regulation 11.135.4 requires local school districts to develop and implement plans to provide physical education to all students, which must include assessment activities for determining the students' performance toward the goals and objectives of the program. 
Asthma Awareness Education
     Last Updated: 1/29/2006
Not specifically required.
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Emotional, Social, and Mental Health Education
     Last Updated: 7/15/2010

Per the Commissioner's Regulation 135.1 (2004), the Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996) require students in grades K-12 be taught various aspects of social, mental, and emotional health. Standard 1 Intermediate requires students be taught how to recognize the mental, social, and emotional aspects of good health and stress management and stress management. Standard 2 Intermediate requires students learn the emotional conditions necessary for safety. Standard 2 Commencement requires students be taught stress management, the mental and emotional benefits of exercise, and to understand the stages of child development and apply this knowledge to activities designed to enrich the physical, social, mental, and emotional development of a young child. Standard 3 Intermediate requires students be taught to understand how the family can provide for the economic, physical, and emotional needs of its members.

Character Education: Education Law 801-a (2010) requires instruction in civility, citizenship and character education" during the course of instruction in grades kindergarten through twelve. The instruction should address the principles of honesty, tolerance, personal responsibility,  respect  for  others,  observance  of  laws  and rules, courtesy, dignity and other traits which will  enhance the quality of their  experiences  in, and contributions to, the community. Tolerance, respect for others and "dignity" must include awareness and sensitivity to discrimination or harassment and civility in the relations of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, genders and sexes.

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HIV, STD, and Pregnancy Prevention Education
     Last Updated: 9/16/2009

Mandate: Under Commissioner's Regulation 135.3 (2004), HIV instruction is required as part of health instruction in grades Kindergarten through grade 6, in grades 7 or 8, and during grades 9 through 12. "Such instruction shall be designed to provide accurate information to pupils concerning the nature of the disease, methods of transmission, and methods of prevention; shall stress abstinence as the most appropriate and effective premarital protection against AIDS, and shall be age appropriate and consistent with community values." The Regulation also requires HIV/AIDS instruction to be taught by teachers who have been given appropriate training and curriculum materials by the board of education or trustees.

Curriculum Content: New York State's Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996), which provides a suggested curriculum framework, does not specifically mentioned sexually transmitted diseases or pregnancy prevention although these topics are implied (e.g., Students [will]apply prevention and risk reduction strategies to adolescent health problems"). Commissioner's Regulation 135.3 (2004) also requires each local board of education to establish an advisory council responsible for making recommendations concerning the content, implementation, and evaluation of the AIDS instruction program.

Commissioner's Regulation 135.3 (2004) further states that a local board of education that may decide to make condoms available to students must, among other things "make condoms available only to students who participate in an appropriate AIDS instruction program as defined in this section; provide each student receiving condoms with accurate and complete health guidance as to the risks of disease that may result from the student's use or misuse of such product, which appropriately takes into account the child's age; and, assure that such personal health guidance is provided by health service personnel or school personnel trained and supervised by competent health professionals or health educators. 

Parental Approval: Regulation 135.3 states "no pupil shall be required to receive instruction concerning the methods of prevention of AIDS if the parent or legal guardian of such pupil has filed with the principal of the school which the pupil attends a written request that the pupil not participate in such instruction, with an assurance that the pupil will receive such instruction at home" (an opt-out" policy).

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Nutrition Education
     Last Updated: 12/27/2011

Commissioner's Regulation 135.1 (2004) requires students to receive instruction in nutrition. The Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996) suggests a curriculum framework for students in grades K-12, but does not require it or any other be followed.

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Alcohol, Tobacco, and Drug Use Education
     Last Updated: 5/21/2008

Alcohol: Commissioner's Regulation 135.1 (2004) requires students to receive instruction in alcohol.

Tobacco: Commissioner's Regulation 135.1 (2004) requires students to receive instruction in tobacco.

Drugs: Commissioner's Regulation 135.1 (2004) requires students to receive instruction in drugs.

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Injury and Violence Prevention Education
     Last Updated: 6/6/2008

Bullying/Harassment: Not specifically required.

Fighting/Gangs: Standard 2 of the Learning Standards for Health, Physical Education, and Family and Consumer Sciences (1996) requires students learn how to reduce and avoid threatening situations at the elementary level, conflict management and negotiation skills, the causes of conflict in school, and ways to reduce and avoid threatening peer situations at the intermediate level, and strategies to avoid or cope with potentially dangerous situations such as assault at the commencement level.

Suicide and Other Self-Abuse Prevention: Not specifically required.

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Staff
Requirements for All Educators Regarding Health Education
     Last Updated: 7/22/2012

Pre-service Requirement: Regulation 52.21 (2003) requires all teachers in New York to complete coursework in health that covers alcohol, tobacco and other drugs, safety and violence prevention and mental health. The Dignity for All Students Act (2012) requires the Commissioner to prescribe regulations that school professionals applying for a license (classroom teachers, counselor, psychologist, social worker, administrator or supervisor or superintendent shall complete training on the social patterns of harassment, bullying and discrimination, as defined in the Act, including but not limited to those acts based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex, the indentification and mitigation of harassment, bullying and discrimination and strategies for effectively addressing problems of exclusion, bias and aggression in educational settings.

Professional Development: Commissioner's Regulation 100.2 (dd) (2004) requires each school district to adopt a professional development plan that meets the needs, goals, and objectives of the district. Each teacher must complete 175 hours of professional development every five years. Teachers must complete at least one course of two or more clock hours in school violence prevention and intervention.

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Requirements for Health Educators
     Last Updated: 9/9/2013

Pre-service Requirement: The minimum requirement for prospective health teachers is a bachelor's degree with specified course work and grades for all teachers. Candidates must also participated in the child abuse identification and school violence prevention workshops and have passed the Assessment of Teaching Skills, Content Specialty Test (CST) in Health Education, and the Liberal Arts & Sciences Test (LAST). They must also have 40 days of supervised teaching experience in health education within the applicable grade range, and have fingerprint clearance. The specific details of initial licensure are outlined in Commissioner's Regulation 52.21

Professional Development: Commissioner's Regulation 100.2 (dd) requires each school district to adopt a professional development plan that meets the needs, goals, and objectives of the district. Each teacher must complete 175 hours of professional development every five years.

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Requirements for Physical Educators
     Last Updated: 9/9/2013

Pre-service Requirement: The minimum requirement for prospective physical education teachers is a bachelor's degree with specified course work and grades for all teachers. Candidates must also participated in the child abuse identification and school violence prevention workshops and have passed the Assessment of Teaching Skills, CST in Physical Education, and the LAST. They must also have 40 days of supervised teaching experience in physical education within the applicable grade range, and have fingerprint clearance. The specific details of initial licensure are outlined in Commissioner's Regulation 52.21.

Professional Development: Commissioner's Regulation 100.2 (dd) requires each school district to adopt a professional development plan that meets the needs, goals, and objectives of the district. Each teacher must complete 175 hours of professional development every five years.

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Requirements for School Nurses
     Last Updated: 9/16/2009

Pre-service Requirement: Per Education Law 902 (no date available), a school nurse must be a registered professional nurse, which requires the completion of a professional nursing program, a bachelor's degree in professional nursing, and passing the board approved NCLEX-RN examination per Education Law 6905 (no date available). 

For certification as a school nurse-teacher, a candidate must possess a bachelor's degree, have completed six semester hours of professional education courses, hold a registered nursing license in the state of New York, have participated in the child abuse identification and school violence prevention workshops, and have fingerprint clearance. 

Professional Development: No state policy. 

Student-to-Nurse Ratio: No state policy.

Requirements for Non-Certified Personnel to Administer Medication
     Last Updated: 9/9/2013

Professional Development Requirement: : Commissioner's Field Memo: Training of Unlicensed Individuals in the Injection of Glucagon in Emergency Situations (2004) allows unlicensed personnel to administer prescribed glucagon in emergency situations so long as they have been trained by a registered professional nurse. NYS Department of Education memo Use of Epinephrine Auto-Injector Devices in the School Setting (2002) clarifies that unlicensed personnel may administer prescribed epinephrine in emergency situations as long as they have been appropriately trained by a licensed professional. Any nurse that trains unlicensed staff to respond to administer epinephrine in an emergency is not liable for professional misconduct. Making the Difference: Caring for Students with Life-Threatening Allergies (2008) provides guidelines for specific topics that should be covered in this training, including how to administer epinephrine.

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Requirements for School Counselors
     Last Updated: 9/16/2009

Pre-service Requirement: Commissioner of Education's Regulations 80-2.3 requires a minimum of a bachelor's degree, 30 graduate credits in school counseling and a college internship/supervised practice in school counseling, including supervised practice in guidance, for a provisional certificate as a school counselor. For a permanent certificate, candidates must complete 30 additional hours of graduate credits in school counseling and two years of experience in the field of pupil personnel services.

Professional Development Requirement: None specified.

Student-to-Counselor Ratio: None specified.

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Requirements for School Psychologists
     Last Updated: 9/16/2009

Pre-service Requirement: Commissioner of Education's Regulation 80-2.3 requires a minimum of a bachelor's degree, 60 graduate credits in psychology, and a completed college internship/supervised internship for a provisional certificate.  Exemptions to these requirements are outlined in the Regulation. A permanent certificate requires a masters degree and two years of school experience in the field of pupil personnel services.

Professional Development Requirement: None specified.

Student-to-Psychologist Ratio: None specified.

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Requirements for School Social Workers
     Last Updated: 9/16/2009

Pre-service Requirement: Commissioner of Education's Regulation 80-2.3 requires a minimum of a bachelor's degree, 30 graduate credits leading to a master's in social work, and completion of a supervised college internship for a provisional certificate as a school social worker. In addition to these requirements, a permanent certificate requires completion of a masters degree in social work or equivalent degree, two years of school experience in pupil personnel services and licensing as a master social worker or clinical social worker.

Professional Development Requirement: None specified. 

Student-to-Social Worker Ratio: None specified.

Requirements for Food Service Personnel
     Last Updated: 7/14/2008

Pre-service Requirement: None specified.

Professional Development: None specified.

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Requirements for Athletic Coaches
     Last Updated: 9/16/2009

Pre-service Requirement: Education Law 3001b requires that a person employed as a coach of an interschool athletic team must hold valid first aid skills and knowledge certification, and adult CPR certification. In addition to these requirements, secondary school coaches may possess three different backgrounds: a certified physical education teacher, a teacher certified in an area other than physical education, or someone holding no teaching certificate but possessing a Temporary Coaching License.

Professional Development: None specified.

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Health Promoting Environment
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Wellness Policies
     Last Updated: 7/23/2008

Additional Accountability Requirements: None

Additional Content Requirements: None

Guidance Materials: A February 2005 memo to School Food Services Directors/Managers from the state Department of Education provides guidance and suggestions for creating local wellness policies, including links to resources, background information, rationales, and policy process guidance.

The Department also provides both a guidance document covering basic questions and steps to take in Evaluating Local Wellness Policies and a basic power point presentation explaining Section 204 requirements and the steps necessary to create and implement a wellness policy.

Other: A joint memo from the Commissioner of Education and Health requests that school administrators complete a survey of their LEA's progress in implementing their wellness policy. The memo explicitly states that the information is not a monitoring or evaluative action but rather an assessment to determine what resources are needed to assist LEAs.

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School Meals Program
     Last Updated: 8/5/2014

Food Services8 CRR-NY 114.2(2011) allows any public school district, private, nonprofit schoolor "residential child care institution" to contract with a private food service management company for the purpose of managing and operating, in whole or in part, its food service program. Specific terms of these contracts are described in the policy language.

Adequate Time to Eat: No state policy.

School Breakfast
: Code Title 8, 114.1 (no date available) requires school breakfast in elementary schools, in schools located in districts with at least 125,000 inhabitants, and in schools that participate in the school lunch program and have 40 percent or more of lunches served to free and reduced price eligible students. 

Farm-to-School: Agriculture and Markets Law 16-5-b (2002) requires the Department of Agriculture and Markets to establish, in cooperation with the commissioner of education, a farm-to-school program to facilitate and promote the purchase of New York Farm Products by schools, universities and other educational institutions.  The Department of Agriculture and Markets is required to provide information to school districts regarding the availability of New York products (including types, amount and contact information of farmers and farm organizations), and shall coordinate with the Education department, school food service and other interested organizations to establish New York Harvest for New York Kids Week, with the aim of promoting New York agriculture and foods to children through school meal programs and in the classroom.

     Last Updated: 9/9/2013
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Food Allergies: The Allergy and Anaphylaxis Management Act (2007) requires Commissioners of Health and Education to establish state policy by June 2008 to manage the risk of anaphylaxis in public schools.  The bill requires schools to consider and take action in response to such state policy. The policy must include the following: (1) A procedure and treatment plan for responding to anaphylaxis, including responsibilities for school nurses and other school personnel, (2) A training course for appropriate school personnel for preventing and responding to anaphylaxis, (3) Procedures, guidelines and communication plan for the development of an individualized emergency health care plan for children with a food or other allergy, and (4) Strategies for the reduction of the risk of exposure to causative agents, including food and other allergens.

The Departments of Health and Education have also provided guidance in Making the Difference: Caring for Students with Life-Threatening Allergies (2008).

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Competitive Foods in School
     Last Updated: 6/2/2014

Education Law 915 (2006) prohibits the sale of sweetened soda water, chewing gum, candies of various sorts, water ices (except for those that contain fruit or fruit juices) in public schools from the beginning of the school day until the end of the last scheduled meal period.

 

Fundraising Exemptions:

As of July 1, 2014, all fundraisers must meet USDA's Smart Snacks standards.

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Physical Activity Other Than Physical Education
     Last Updated: 9/13/2013

General Physical Activity Requirement: No state policy.

Recess or Physical Activity Breaks
: No state policy.

Recess Before Lunch: No state policy. 

Walking/Biking to School: Transportation Law 444 (Section 14, Subdivision 35) (2004) establishes and administers a Safe Route to School Program, the purpose of which is to eliminate or reduce physical impediments to primary and secondary school-aged children walking or bicycling to school. The Commissioner of Transportation is responsible to approve funding for projects involving the construction, reconstruction, enhancement, improvement, reconditioning, restoration, rehabilitation and preservation of crosswalks, sidewalks, bicycle lanes, and traffic calming measures.  Projects must be located within two miles of a primary school or three miles of a secondary school.

Organized Sports
     Last Updated: 10/29/2013

Interscholastic Athletics: No state policy.

Concussion and Sports-Related Head Injury: 3935-A (2011) requires the commissioners of education and health to establish rules and regulations for the treatment and monitoring of students of school districts, boards of cooperative educational services, and nonpublic schools who suffer traumatic brain injury. The rules must require the immediate removal from athletic activities of any pupil believed to have sustained a mild traumatic brain injury. No pupil may resume athletic activity until they have been symptom free for not less than 24 hours and been evaluated and received written authorization from a physician trained in the evaluation and treatment of mild traumatic brain injuries. The rules must provide guidelines for limitations and restrictions on school attendance and activities for pupils who have sustained concussions. The policy also requires the commissioners to establish a course of instruction relating to the recognition, treatment and monitoring of pupils who receive a concussion, and to develop an informational pamphlet relating to concussions. The pamphlet must be provided to every pupil participating in interscholastic sports, and their parent or guardian. The commissioners must establish rules and regulations requiring every school district and board of cooperative educational services to establish a concussion management team. 

Automated External Defibrillator (AED):
Education Law 917 requires school districts, boards of cooperative educational services, county vocational education and extension boards and charter schools to provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment.

Safe and Drug-Free Schools
     Last Updated: 3/16/2009

Commissioner's Regulation 100.2 (l) (2001) requires the board of education of each school district to adopt a written policy on school conduct and discipline, which includes strategies and procedures for maintaining and enforcing public order on school property.

Fighting/Gangs: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the use of physical force.

Weapons: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the possession or use of weapons.

Drugs and Alcohol: Commissioner's Regulation 100.2 (l) and Education Law 2801 (no date available) require each board of education to adopt and enforce a code of conduct, which includes disciplinary measures to be taken in incidents involving the possession or use of illegal substances.

Collaboration with Law Enforcement: Education Law 2801-a requires every school board to make collaborative arrangements with state and local law enforcement officials to aid in violence prevention and intervention strategies, such as the training and recruitment of school security officers.

Bullying, Harassment and Hazing
     Last Updated: 7/22/2012

Bullying/Harassment: The Dignity for All Students Act (2012) defines harassment, bullying and discrimination and prohibits harassment, bullying or discrimination of a student by employees or students on school property or off of school property, if the act creates or would foreseeably create a risk of substantial disruption within the school environment where it is foreseeable that the conduct, threats, intimidation or abuse might reach the school environment. It also prohibits discrimination of students based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or students on school property or at a school function. It requires the board of education and trustees of each school district to create policies and guidelines that must include the following: 1) Policies intended to create a school environment that is free from discrimination or harassment, 2) Guidelines to be used in school training programs to discourage the development of discrimination or harassment and are designed to raise awareness, sensitivity and enable prevention and response of school employees to potential discrimination or harassment, and 3) Guidelines relating to the development of nondiscriminatory instructional and counseling methods, requiring at least one staff member at every school be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, relgion, religious practice, disability, sexual orientation, gender and sex. It requires the Commissioner of Education to create a procedure for annual reporting of incidents of discrimination and harassment on school grounds or at a school function. The statute also provides immunity from liability for those reporting discrimination or harassment of a student, when acting in good faith.  It also outlines specific policies that schools must follow in the reporting and investigation of an act of bullying or harassment.

Education Law 2801-a (no date available) requires school safety plans to contain strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence."

Cyberbullying: The Dignity for All Students Act (2012) defines cyberbullying as harassment or bullying (as defined in the statute) that occurs through electronic means.

Hazing: No state policy addressing elementary or secondary schools.

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Crisis Management/Emergency Response
     Last Updated: 12/27/2011

Response and Management Plans: Education Law 2801-a (no date available) requires every school board to adopt and amend a comprehensive district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response and management".  Commissioner's Regulation 155.17 (no date available) requires each board of education to prepare and annually update an emergency management plan and school safety plan.

Reporting Incidents of Violence: Commissioner's Regulation 100.2 (l) (2001) requires each board of education to adopt and enforce a code of conduct, which includes adopting procedures by which violations are reported. Commissioner's Regulation 100.2 (gg) (2001) requires school districts to annually report all violent or disruptive incidents that occurred in the prior school year. Education Law 2801-a requires school safety plans to contain strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as establishing anonymous reporting mechanisms for school violence".

Tobacco Use
     Last Updated: 4/28/2008
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Public Health Laws 1399-n and 1399-o (2003) prohibits smoking in places of employment, the definition of which includes school grounds. "School grounds" includes any building, structure and surrounding outdoor grounds, and any vehicles used to transport children or school personnel.  Further, Education Law 409 (2003) prohibits tobacco use on school grounds (building, structure and surrounding outdoor grounds).

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Air Quality
     Last Updated: 5/22/2008
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Commissioner's Regulation 155 (1999) requires teaching spaces be provided with a controlled supply of fresh air and have sufficient air changes to produce healthful conditions and avoid odor build-up or concentrations of toxic substances or dust particles. A comprehensive maintenance plan, which must include measures assuring good air quality, is also required. School Facility Report Cards also require schools to individually report whether they have taken measures to assure acceptable indoor air quality" (Healthy Schools Network, Inc., 2000).

     Last Updated: 1/9/2011
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Green Cleaning: Education Law 409-i (2005) requires all public and non-public elementary and secondary schools to use environmentally sensitive cleaning and maintenance products ("green clean"), with the goal of minimizing adverse impacts on children's health and the environment. The commissioner of general services to must establish and regularly amend guidelines for the purchase and use of environmentally sensitive cleaning and maintenance products, and provide a sample list to schools of products that meet these requirements.

     Last Updated: 3/17/2009

Education Law 408 (no date available) requires the Commissioner of Education to assure school building plans and specifications for erection, purchase, repair, enlargement, or remodeling  provide for heating, ventilation, sanitation, storm drainage and health, fire and accident protection adequate to maintain healthful, safe, and comfortable conditions therein." Education Law 409 (no date available) requires all school district buildings, except those in cities with 125,000 residents or more, to comply with the Commissioner's regulations for insuring the health and safety of pupils in relation to proper heating, lighting, ventilation, sanitation and health, fire and accident protection."

Pesticide Use
     Last Updated: 5/20/2008

Education Law 409-h (2000) requires all schools to establish a pesticide notification procedure to provide information on applications in buildings and on school grounds. Also, at the beginning of each school year, schools must send a notice to all parents and staff which includes a statement that pesticide products may be used throughout the year, that schools are required to maintain a list of staff and parents who wish to receive notice 48-hours prior to pesticide applications, instructions on how to register for said list, the name of a school representative, and a contact number for further information.

Commissioner's Regulation 155.4 (1999) requires the establishment of a comprehensive maintenance plan, which must include provisions for a least-toxic approach to integrated pest management." Regulation 155.6 (1999) also requires School Facility Report Cards to include an assessment of the school's least toxic integrated pest management program.

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Playground/Facility Safety
     Last Updated: 1/29/2006

No state policy.

Shared Use Agreements
     Last Updated: 6/20/2013

Code 414 (2013) authorizes local boards of education to permit the use of school property, even during school hours if not disruptive of school operations, for holding public social, civic, and recreational meetings and entertainments, and other uses pertaining to the welfare of the community for recreation, physical training and athletics. The board of education may determine the terms and conditions for such use, which may include a rental fee sufficient to cover expenses. Additionally, no child may be excluded on the basis that the child is not attending a district school.

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Student Services
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Screening for Health Conditions
     Last Updated: 9/27/2010

Vision and Hearing: Education Law 905 (no date available) requires schools to perform vision and hearing tests of all students "at such times defined by the regulations of the commissioner.

Chronic Health Conditions: No state policy.

Body Mass Index (BMI) Screening: Education Law 903 (2007) requires each student's health certificate to include information about the student's body mass index (BMI) and weight status category.  Health certificates are required to be presented by students upon entrance to school and at least twice during elementary school and twice during secondary school.  Weight status categories for children and adolescents shall be defined by the commissioner of health.  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.

Dental: Education Law 903 (2008) requires presentation of a dental health certificate showing that students have seen a dentist within the previous twelve months before entering the second, fourth, seventh and tenth grades. Lack of presentation of a certificate, however, does not preclude a student from attending schools.

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Administration of Medications
     Last Updated: 9/22/2013

The Allergy and Anaphylaxis Management Act (2007) requires Commissioners of Health and Education to establish state policy to manage the risk of anaphylaxis in public schools.  The statute requires schools to consider and take action in response to such state policy. The policy must include the following: (1) A procedure and treatment plan for responding to anaphylaxis, including responsibilities for school nurses and other school personnel, (2) A training course for appropriate school personnel for preventing and responding to anaphylaxis, (3) Procedures, guidelines and communication plan for the development of an individualized emergency health care plan for children with a food or other allergy, and (4) Strategies for the reduction of the risk of exposure to causative agents, including food and other allergens.   Making the Difference: Caring for Students with Life-Threatening Allergies (2008) is the guidance document resulting from this legislation.

Education Law 919 (2008) requires every school to make a nebulizer available on-site. Nebulizers must be administered by a school nurse or physician pursuant to a student patient's specific orders.

Self-Administration of Asthma Medication: Education Law 916 (2004) allows students with asthma to carry and use a prescribed inhaler during the school day, with the written permission of a physician or other authorized healthcare provider and a parent/guardian.

Self-Administration of Anaphylaxis Medication: No state policy.

Psychotropic Medications: No state policy.

Storage and Record-keeping: No state policy.

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Counseling and Mental Health Services
     Last Updated: 12/27/2011

Requirement to Provide Services: Commissioner's Regulation 100.2 (j) (no date available) requires public school districts to provide guidance services for students in grades K-12. Programs at the K-6 and 7-12 levels shall help students who exhibit any attendance, academic, behavioral, or adjustments problems. Certified or licensed school counselors must be available to provide services at the 7-12 grade level. Certified or licensed school social workers and school psychologists may also be employed in addition to school counselors in programs for grades 7-12.

Identification of Students with Mental or Emotional Disorders: No state policy.

Substance Abuse: Education Law 912-a (no date available) states that if it be ascertained via a drug test that any child is making use of dangerous drugs, the school authorities shall report to the social services department for the social services district wherein such school is located and to the parent or legal guardian of such child together with a statement to such parent or guardian as to available programs and facilities to combat such dangerous drug usage.

Suicide Prevention: No state policy. However, the Office of Mental Health provides an optional suicide prevention program for schools.

HIV, STD, and Pregnancy Testing and Counseling: No state policy. However, Commissioner's Regulation 135.3 (2004) states that a local board of education that decides to make condoms available to students must, among other things "make condoms available only to students who participate in an appropriate AIDS instruction program as defined in this section; provide each student receiving condoms with accurate and complete health guidance as to the risks of disease that may result from the student's use or misuse of such product, which appropriately takes into account the child's age; and, assure that such personal health guidance is provided by health service personnel or school personnel trained and supervised by competent health professionals or health educators."

Immunity of Liability: No state policy.

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Immunization
     Last Updated: 5/18/2011

Detailed, current information about immunization requirements by state is maintained by the National Network for Immunization Information.  Select your state from the drop down box under Search for State Vaccine Requirements for School Entry."

Exemptions: Public Health Law 2164 (no date available) allows for exemption from immunization requirements under the following circumstances: (1) Certification from a licensed physician that such immunization may be detrimental to a child's health, or (2) A child's parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to immunization practices.

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Accommodation
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Staff with HIV
     Last Updated: 9/16/2009

New York has no state law or administrative rule that addresses staff with HIV. However, Public Health Law 2782 (no date available) addresses confidentiality issues within the state in general. No information may be disclosed about the HIV status of any individual without his or her written consent, or the written consent of a minor's parent or legal guardian.

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Students with HIV
     Last Updated: 1/29/2006

No state policy.

Pregnant or Parenting Students
     Last Updated: 1/29/2006

New York has no state law or administrative rule that addresses attendance for pregnant or parenting students, nor does the state require districts to offer alternative programs for such students. However, the state does provide funding guidelines for local parent education programs.

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Individual Health Plan for Students
     Last Updated: 1/29/2006

No state policy.

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Coordination/ Implementation
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Coordinating or Advisory Councils
     Last Updated: 9/16/2009

State-level: Statewide Infrastructure for School Health (referred to as SHIFT) is a partnership between the State Department of Education, the Department of Health, and 6 other agencies to focus on reducing adolescent health risk behaviors and promote health-enhancing behaviors.

Local-level: Commissioner's Regulation 135.3 (2004) require each local board of education to establish an advisory council responsible for making recommendations concerning the content, implementation, and evaluation of the AIDS instruction program.

Education Law 918 authorizes and encourages every school district to establish a child nutrition advisory committee. The committee is charged with studying all facets of current nutrition policies in the district and reporting annually to the board of the local school district the status of the implementation of the district's programs.

Commissioner's Regulation 155.17 (no date available)  requires the board of education in each district to develop a comprehensive safety plan that coordinates efforts between the board of education, students, teachers, administrators, parent organizations, and other school and safety personnel.

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School Health Program Coordinators
     Last Updated: 9/16/2009

State-level: No state policy.

Local-level: Commissioner's Regulation 135.3 (2004) requires a member of the faculty at every secondary school to be designated as a school health coordinator who will insure that school courses are supportive of health education and provide cooperation with the community agencies to establish a complete school-community health program.

Confidentiality
     Last Updated: 8/21/2008

Student Health-Related Records: No state policy.

Student Health-Related Services: No state policy.

Limitations on Student Surveys
     Last Updated: 1/29/2006

No state policy.

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