EDU-19-08-00005-P Student Dental Health Certificates

5/7/08 N.Y. St. Reg. EDU-19-08-00005-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 19

May 07, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-19-08-00005-P

Student Dental Health Certificates

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Addition of section 136.3(k) to Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided), 305(1) and (2), and 903(2)(a) and (b), (3)(b) and (4)

Subject:

Student dental health certificates.

Purpose:

To prescribe requirements for school districts to request a dental health certificate from each student in the public schools at designated intervals.

Text of proposed rule:

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.

Text of proposed rule and any required statements and analyses may be obtained from:

Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Johanna Duncan-Poitier, Senior Deputy Commissioner of Education — P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, [phone], e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law empowers the Board of Regents and the Commissioner to adapt rules and regulations to carry out the laws of the state regarding education and the functions and duties conferred on the Department by law.

Subdivision (1) of section 305 of the Education Law empowers the Commissioner of Education to enforce all laws relating to the educational system of the State and execute all educational policies determined by the Board of Regents. Subdivision (2) of section 305 of the Education Law authorizes the Commissioner of Education to have general supervision over all schools and institutions subject to the Education Law.

Education Law section 903, as amended by Chapter 281 of the Laws of 2007, provides that each student shall be requested to furnish a dental health certificate at the same time that health certificates are required, and authorizes the Commissioner of Education to promulgate regulations to implement the statute. Chapter 281 takes effect on September 1, 2008.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority and is necessary to implement Chapter 281 of the Laws of 2007 by prescribing requirements for student dental health certificates.

3. NEEDS AND BENEFITS:

The proposed rule is necessary to implement Chapter 281 of the Laws of 2007. The statute and proposed rule rest upon the premise that a barrier to learning will occur if a student is declared not in fit condition of dental health to permit his or her attendance at the public school. Presently, schools require that all students upon entrance to a school or entering 2nd, 4th, 7th and 10th grades submit a health certificate which describes the condition of the student, and states whether such student is in a fit condition of health to permit his or her attendance at the public schools. Consistent with the statute, the proposed rule would extend such evaluations to include an optional assessment of a student's oral health by a duly licensed dentist, at the same time a health certificate is required.

4. COSTS:

a. Cost to State Government: None.

b. Cost to Local Government: The proposed rule will not impose additional costs on school districts, BOCES or other local governments. The statute imposes a cost to school districts for reasonable and necessary expenses to notify parents that the school district will request dental certificates. In addition, there will be statute-imposed cost associated with the school health personnel for time devoted to the record keeping of the requested certificates. It is anticipated that any such costs will be minimal in that they will be included, using existing staff and resources, within the practices presently used by school districts to provide notification of student general health certificates. All public schools currently have a system for notification related to health examination requirements.

c. Costs to private regulated parties: None.

d. Costs to the regulatory agency. The proposed rule will not impose additional costs on the State Education Department. The statute requires the State Education Department, in collaboration with the Department of Health, to compile and maintain a list of dentists to which children who need comprehensive dental examinations may be referred for treatment on a free or reduced cost basis, and to make the list available to all public schools for their distribution to parents and persons in parental relation upon request. Any costs to the State Education Department associated with such list are expected to be nominal.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule is necessary to implement Chapter 281 of the Laws of 2007 and will not impose any additional duty, program or service on local governments beyond that required by the statue. Consistent with the statute, trustees and boards of education shall request each student, within 30 days after the student's entrance into school and within 30 days after the student's entry into the 2nd, 4th, 7th and 10th grades, to submit a dental health certificate to the principal or principal's designee. Trustees and boards of education shall 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 school.

6. PAPERWORK:

The proposed rule will require some additional paperwork by school districts and BOCES, which are required to notify parents of the request for a dental health certificate and to record and file the certificates returned to the school.

7. DUPLICATION:

The proposed rule is necessary to implement Chapter 281 of the Laws of 2007 and is not duplicative of existing State or federal regulations.

8. ALTERNATIVES:

The proposed rule is necessary to conform the Commissioner's Regulations to changes in statute. There were no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

The proposed rule relates solely to the request for dental certificates of students in public schools within New York State, pursuant to State statute. There are no applicable federal standards.

10. COMPLIANCE SCHEDULE:

The New York State Education Department shall in collaboration with the Department of Health compile and maintain a list of dentists to which children who need comprehensive dental examinations may be referred on a free or reduced cost basis. It is anticipated that the list will be distributed to school districts on September 1, 2008.

Regulatory Flexibility Analysis

(a) Small Businesses:

The proposed rule is necessary to implement Education Law section 903, as amended by Chapter 281 of the Laws of 2007, by prescribing requirements for school districts to request dental health certificates from students, and will not have an adverse impact on jobs or employment opportunities. It does not impose any adverse economic impact, reporting, recordkeeping or other compliance requirements on small businesses. Because it is evident from the nature of the proposed rule that it does not affect small businesses, no further steps 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.

(b) Local Governments:

1. EFFECT OF RULE:

The proposed rule is necessary to implement Education Law Section 903, as amended by Chapter 281 of the Laws of 2007, by prescribing requirements for school districts to request dental health certificates from students. The proposed rule applies to all public school districts and boards of cooperative educational services (BOCES) in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed rule is necessary to implement Chapter 281 of the Laws of 2007 and will not impose any compliance requirements on school districts or BOCES beyond that required by the statue. Consistent with the statute, trustees and boards of education shall request each student, within 30 days after the student's entrance into school and within 30 days after the student's entry into the 2nd, 4th, 7th and 10th grades, to submit a dental health certificate to the principal or principal's designee. Trustees and boards of education shall 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 fro treatment on a free or reduced cost basis is available upon request at the child's school.

Some additional paper work by the school districts and BOCES will be needed in order to account for, record, and file the requested dental certificates. It is anticipated that similar tasks and functions are already in place and that the additional tasks and functions required by the statute and proposed rule will be carried out using existing staff and resources.

3. PROFESSIONAL SERVICES:

The proposed rule is necessary to implement Educational Law 903 as amended by Chapter 281 of the Laws of 2007. The proposed rule imposes no additional professional services requirements on school districts and BOCES beyond those inherent in the statute.

4. COMPLIANCE COSTS:

The proposed rule will not impose additional costs on school districts, BOCES or other local governments. The statute imposes a cost to school districts for reasonable and necessary expenses to notify parents that the school district will request dental certificates. In addition, there will be statute-imposed cost associated with the school health personnel for time devoted to the record keeping of the requested certificates. It is anticipated that any such costs will be minimal in that they will be included, using existing staff and resources, within the practices presently used by school districts to provide notification of student general health certificates. All public schools currently have a system for notification related to health examination requirements.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any new technology requirements on public school districts. Economic feasibility is addressed under the Compliance Costs section above.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Education Law 903, as amended by Chapter 281 of the Laws of 2007, and imposes no compliance requirements or costs on school districts and BOCES beyond those required by the statute. It is anticipated that similar tasks and functions to notify and record responses are already in place in public school districts and that the additional tasks and functions required by the statute and proposed rule will be carried out by using existing staff and resources. The proposed rule has been carefully drafted to meet statutory requirements. It does not impose any unfunded mandates.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to all school districts and BOCES in the State. There are 198 rural districts which include districts located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS AND PROFESSIONAL SERVICES:

The proposed rule is necessary to implement Chapter 281 of the Laws of 2007 and will not impose any compliance requirements on school districts or BOCES beyond that required by the statue. Consistent with the statute, trustees and boards of education shall request each student, within 30 days after the student's entrance into school and within 30 days after the student's entry into the 2nd, 4th, 7th and 10th grades, to submit a dental health certificate to the principal or principal's designee. Trustees and boards of education shall 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 school.

Some additional paper work by the school districts and BOCES will be needed in order to account for, record, and file the requested dental certificates. It is anticipated that similar tasks and functions are already in place and that the additional tasks and functions required by the statute and proposed rule will be carried out using existing staff and resources.

3. COSTS:

The proposed rule will not impose additional costs on school districts, BOCES or other local governments. The statute imposes a cost to school districts for reasonable and necessary expenses to notify parents that the school district will request dental certificates. In addition, there will be statute-imposed cost associated with the school health personnel for time devoted to the record keeping of the requested certificates. It is anticipated that any such costs will be minimal in that they will be included, using existing staff and resources, within the practices presently used by school districts to provide notification of student general health certificates. All public schools currently have a system for notification related to health examination requirements.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Education Law 903, as amended by Chapter 281 of the Laws of 2007, and imposes no compliance requirements or costs on school districts and BOCES located in rural areas beyond those required by the statute. Since these statutory requirements apply to all schools throughout the State, it was not possible to establish different compliance and reporting requirements for school districts in rural areas, or exempt them from provisions of the proposed amendment. The proposed rule has been carefully drafted to meet statutory requirements. It does not impose any unfunded mandates. It is anticipated that similar tasks and functions to notify and record responses are already in place in public school districts and that the additional tasks and functions required by the statute and proposed rule will be carried out by using existing staff and resources.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.

Job Impact Statement

The proposed rule is necessary to implement Education Law section 903, as amended by Chapter 281 of the Laws of 2007, by prescribing requirements for school districts to request dental health certificates from students, and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed rule that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement was not required and one was not prepared.