SECTION OF EDUCATION LAW
RELATED TO THE SCREENING OF PUPILS
FOR HANDICAPPING CONDITIONS AND GIFTEDNESS

As amended by Chapter 28 of the Law of 1993

Effective April 12, 1993

ARTICLE 65—COMPULSORY EDUCATION AND SCHOOL CENCUS

Section 3208. Attendance; proper mental and physical condition

5. a. Each board of education or trustees of each school district shall provide for the screening of every new entrant to school to determine which pupils are or may be children with handicapping conditions or gifted, as well as all pupils who score below level two on either the third grade reading or mathematics tests for New York state elementary schools and all students who obtain a comparable percentile score on the regents preliminary competency test, in accordance with regulations of the commissioner to determine whether such pupils may have handicapping conditions.

  1. Such screening shall include, but not be limited to:
  1. A physical examination pursuant to the provisions of sections nine hundred one, nine hundred three and nine hundred four of this chapter, including proof of immunization as required by section twenty-one hundred sixty-four of the public health law.
  2. A language development assessment.
    1. If such screening indicates a suspected handicapping condition, which may require the provision of special education services or programs, a referral shall be made to the committee on special education.
    2. If such screening indicates a possibly gifted child, the name and finding shall be reported to the superintendent of schools of such district and to the parent or legal guardian of such child. Such notification shall not be construed as an entitlement for services for any such child identified as possibly gifted.
    3. If such screening indicates a possibly gifted child, the name and finding shall be reported to the superintendent of schools of such district and to the parent or legal guardian of such child. Such notification shall not be construed as an entitlement for services for any such child identified as possibly gifted.