The Board of Education shall provide for the screening of every new entrant to school for disability, giftedness, and/or limited English proficiency. Such screening shall include, but not be limited to a physical examination, including proof of immunization as required by law; and a language development assessment.
Parents of children to be screened shall receive information in advance regarding the purpose of screening, the areas to be screened, and the referral process. This information shall be communicated either verbally or in writing in the parents’ primary language.
Parents have the right to request information regarding their child’s performance during screening. All information collected through the screening program will be subject to the provisions of the Family Educational Rights and Privacy Act (FERPA). Parents shall be informed of their right to privacy, their right to access to the records, and their right to challenge those records should they be inaccurate, misleading, or otherwise inappropriate.
If such screening indicates a possible disability, a referral shall be made to either the CPSE or CSE and reported to the Superintendent of Schools. In cases of a child’s possible giftedness, parents shall be notified in writing. Such notice, however, will not entitle the child to receive services for the gifted. Parents of a child who has been designated as limited English proficient (LEP) shall be informed by school authorities of the student’s placement in an instructional program.
Education Law §§903; 904; 3202; 3208; 4452(1)(e)
Public Health Law §2164
8 NYCRR §117