Meeting of the Board of Regents | June 2008
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Proposed Amendment to the Rules of the Board of Regents Relating to Dental Health Certificates
June 4, 2008
Goals 1 and 2
Issue for Discussion
Should the Board of Regents amend §136.3 of the Rules of the Board of Regents to require public schools to request dental health certificates from students?
Reason(s) for Consideration
Required by State statute.
The proposed amendment is before the Elementary, Middle, Secondary and Continuing Education Committee for discussion in June 2008 and will be submitted for action at the July meeting.
Chapter 281 of the Laws of 2007 amended §903 of the Education Law to require the request of dental health certificates upon a student’s entrance into school, or upon entry into grades K, 2, 4, 7, and 10.
Presently, §903 requires students to furnish a health certificate upon entry into a school, or upon entry into grades K, 2, 4, 7 and 10. The statute requires all public schools to request a dental certificate from each student at the same time health certificates are required. It is the duty of each board of education to require that each student submit to the principal or the principal’s designee a health certificate within thirty days after his or her entrance into school, or within thirty days after his or her entry into grades K, 2, 4, 7 and 10. Each dental health certificate must be signed by a duly licensed dentist and shall describe the dental health condition of the student when the exam was conducted. This examination must be made no more than twelve months prior to the beginning of the school year in which such examination is requested. This rule would impose no additional professional service requirements on school districts, as all public schools currently have a system for notification related to health examination requirements.
The Elementary, Middle, Secondary and Continuing Education Committee should discuss the proposed amendment at its June 2008 meeting.
Timetable for Implementation
Following discussion in June, the proposed amendment would be before the Board for adoption in July 2008. The effective date of the amendment would be September 1, 2008.
AMENDMENT OF THE REGULATONS OF THE COMMISSIONER OF EDUCATION
Pursuant to Education Law sections 207, 305 and 903 and Chapter 281 of the Laws of 2007.
Section 136.3 of the Regulations of the Commissioner is amended by the addition of a new subdivision (k) effective September 1, 2008, as follows:
(k) Dental health certificates.
(1) It shall be the duty of the trustees and boards of education to request that each student, within 30 days after such student's entrance into school and within 30 days after such student's entry into the 2nd, 4th, 7th and 10th grades, submit to the principal or the principal’s designee a dental health certificate that meets the requirements of this subdivision; provided that no dental health certificate shall be requested of a student for which an accommodation for religious beliefs is made pursuant to subdivision (f) of this section.
(i) The dental health certificate shall:
(a) be signed by a duly licensed dentist who is:
(1) authorized by law to practice in this State, and consistent with any applicable written practice agreement; or
(2) authorized to practice in the jurisdiction in which the examination was given, provided that the Commissioner has determined that such jurisdiction has standards of licensure and practice comparable to those of New York;
(b) describe the dental health condition of the student when the examination was made, which examination shall not have been given more than 12 months prior to the commencement of the school year in which the examination is requested; and
(c) state whether such student is in fit condition of dental health to permit his or her attendance at the public schools.
(ii) Within 30 days after the student's entrance in such school or grades, the dental health certificate, if obtained, shall be filed in the student’s cumulative health record.
(2) An examination and dental health history of any child may be requested by the local school authorities at any time in their discretion to promote the educational interests of such child.
(3) It shall be the duty of the trustees and boards of education to ensure that a notice of request for dental health certificates be distributed at the same time that parents of, or persons in parental relationship to, students are notified of health examination requirements. The notice shall include a statement that a list of dentists to which children who need comprehensive dental examinations may be referred for treatment on a free or reduced cost basis is available upon request at the child's schools. Such list shall be as prescribed by the Commissioner and shall be made available by school districts to parents or persons in parental relationship upon request.