New York Consolidated Laws, Education Law - EDN § 3208. Attendance;  screening of new entrants;  prohibition against mandatory medication

1. A person included by the provisions of this part 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 or her attendance upon instruction under the provisions of this part would endanger the health or safety of such person or of others shall not be permitted to attend, provided that nothing in this section shall be construed to authorize a denial of access to education based on disability in violation of state or federal law.

3. If a person's mental or physical condition, by virtue of which he or she is not required or permitted to attend upon instruction, is due to a mental or 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 this part shall be based upon actual examination made by a person or persons qualified by appropriate training and experience, in accordance with regulations of the department.  The 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.

4-a. Officers or employees of the state, a school district, a board of cooperative educational services, a charter school, an approved private school for the education of students with disabilities approved pursuant to paragraph e, f, g or h of subdivision two of section forty-four hundred one of this chapter, an approved provider of preschool special education approved pursuant to section forty-four hundred ten of this chapter or a state-supported school operating pursuant to article forty-five of this chapter, shall be prohibited from requiring a child who is entitled to attend school pursuant to subdivision one of section thirty-two hundred two of this part to obtain a prescription for a substance covered by the federal controlled substances act, section eight hundred one of title twenty-one of the United States code, et seq., as a condition of attending school, receiving an evaluation or reevaluation pursuant to article eighty-nine of this chapter or any other provision of law relating to students with disabilities or receiving special education programs or services.