Section 3208 - [Effective 6/30/2024] Attendance; proper mental and physical condition1. A person included by the provisions of part one of this article shall be required to attend upon instruction only if in proper mental and physical condition.2. A person whose mental or physical condition is such that his attendance upon instruction under the provisions of part one of this article would endanger the health or safety of himself or of others shall not be permitted to attend.3. If a person's mental or physical condition, by virtue of which he is not required or permitted to attend upon instruction, is due to physical defects or to a physical condition which may be remedied by the taking of reasonable measures, such mental or physical condition shall justify only the temporary failure of the person to attend.4. The determination of mental or physical condition under the provisions of part one of this article shall be based upon actual examination made by a person or persons qualified by appropriate training and experience, in accordance with regulations of the state education department. The state education department shall designate persons having the required qualifications to make such mental or physical examinations on behalf of any local school authorities, except that in a city having a population of one million or more the superintendent of schools shall designate such persons.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.b. Such screening shall include, but not be limited to:(1) A physical examination pursuant to the provisions of sections nine hundred onenine 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.c. 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.d. 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.Amended by New York Laws 2021 , ch. 253, Sec. 1, eff. 7/16/2021, op. 6/30/2021.Amended by New York Laws 2018 , ch. 90, Sec. 1, eff. 6/30/2018.Amended by New York Laws 2015 , ch. 35, Sec. 1, eff. 6/30/2015.This section is set out more than once due to postponed, multiple, or conflicting amendments.