Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 21-965?

Quick Answer

This section defines various terms related to student health services and mandates the Department of Health and Mental Hygiene to report annually on health services provided to students. The report includes data on school nurses, student health encounters, and health assessments. Applies to educational institutions serving students under twenty-one.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 21-965 Student health services.

AC § 21-965

a. Definitions. As used in this chapter, the following terms have the following meanings: Automated student health record database. The term "automated student health record database" means a database maintained by the department of health and mental hygiene to record information about students' medical care. NYC FITNESSGRAM. The term "NYC FITNESSGRAM" means an annual fitness assessment used to determine students' overall physical fitness. Reside in temporary housing. The term "reside in temporary housing" means satisfying the definition of "homeless child" as set forth in chancellor's regulation A-780. School based health center. The term "school based health center" means on-site health care services provided to students within the school building, which are operated by independent institutions including, but not limited to, hospitals and community based organizations. Student. The term "student" means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a district school or pre-kindergarten program in a district school within the city school district. Student health encounter. The term "student health encounter" means any student visit to a school medical room recorded in the automated student health record database. b. Not later thanDecember 31, 2024, and no later than December 31 annually thereafter, the department shall submit to the speaker of the council a report regarding information on health services provided to students for the preceding school year. Such report shall include, but not be limited to: 1. The number of school buildings where full time nurses are employed by the office of school health and the number of school buildings where part time nurses are employed by such office; the ratio of students to nurses in such school buildings; and the average number of student health encounters per nurse in such school buildings; 2. The total number of student health encounters; 3. The total number of NYC FITNESSGRAMS performed, and the percentage of students assessed who had a body mass index: (i) below the 5th percentile; (ii) in the 5th to 84th percentile; (iii) in the 85th to 94th percentile; and (iv) equal to or above the 95th percentile, to the extent such information is collected by the department.

4.The total number of medication orders reviewed by the office of school health and recorded in the automated student health record database; 5. The total number of students reported to the office of school health as having a diagnosis of allergies, asthma, diabetes type 1, diabetes type 2, sickle cell disease, or sickle cell trait; and 6. The total number of school based health centers disaggregated by the type of provider including, but not limited to, hospital and federally qualified health centers; and the total number of students enrolled in the school or schools served by each school based health center. c. All information required to be reported by this section shall be disaggregated by: 1. Community school district; and 2. For students in kindergarten through grade eight, whether such students reside in temporary housing. d. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law or the New York city health code relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interest of law enforcement. If the category contains between one and five students, or allows another category to be narrowed to be between one and five students, the number shall be replaced with a symbol. A category that contains zero students shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law or the New York city health code relating to the privacy of student information. (L.L. 2016/012, 2/8/2016, eff. 2/8/2016; Am. L.L. 2021/156, 12/24/2021, eff. 12/24/2021; Am. L.L. 2024/066, 6/15/2024, eff. 6/15/2024)

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters