Meeting of the Board of Regents | July 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:	Full Board
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Rules of the Board of Regents Relating to Dental Health Certificates
DATE:	July 9, 2008
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision (Consent Agenda)

 

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.

             

Proposed Handling

 

The proposed rule will be submitted to the Board of Regents for approval at their July meeting.

 

Procedural History

 

The proposed rule was scheduled for discussion at the June Regents meeting, but no formal discussion took place because of time limitations.

 

Background Information

 

Education Law §903 requires students to furnish a health certificate upon entry into a school, or upon entry into grades K, 2, 4, 7 and 10.  Chapter 281 of the Laws of 2007 amended §903 to require school districts to request dental health certificates upon a student’s entrance into 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. 

 

A Notice of Proposed Rule Making was published in the State Register on May 7, 2008.  Supporting materials are available upon request from the Secretary to the Board of Regents.

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

VOTED:  That subdivision (k) of section 136.3 of the Regulations of the Commissioner be added as submitted, effective September 1, 2008.

 

Timetable for Implementation

 

If adopted at the July Regents meeting, the effective date of the proposed rule will be September 1, 2008.

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.