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Examination by medical inspectors

Record of examinations; eye and ear tests

§ 573. Examination by medical inspectors. Each principal or teacher in charge of a public school shall report to the medical inspector having jurisdiction over such school the names of all pupils who have not furnished health certificates as provided in the preceding section, and the medical inspector shall cause such pupils to be separately and carefully examined and tested to ascertain whether any of them are suffering from defective sight or hearing, or from any other physical disability tending to prevent them from receiving the full benefit of school work, or requiring a modification of such work to prevent injury to the pupils or to receive the best educational results. If it be ascertained upon such test or examination that any of such pupils are inflicted with defective sight or hearing or other physical disability as above described the principal or teacher, having charge of such school, shall notify the parents or other persons with whom such pupils are living, as to the existence of such defects and physical disability. If the parents or guardians are unable or unwilling to provide the necessary relief and treatment for such pupils, such fact shall be reported by the principal or teacher to the medical inspector, whose duty it shall be to provide relief for such pupils. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

§ 574. Record of examinations; eye and ear tests. Medical inspectors or principals and teachers in charge of public schools shall, make eye and ear tests of the pupils in such schools at least once in each school year. The state commissioner of health shall prescribe the method of making such tests, and shall furnish general instruction in respect to such tests. The commissioner of education, after consultation with the state commissioner of health, shall prescribe and furnish to the school authorities suitable rules of instruction as to tests and examinations made as provided in this article, together with test cards, blanks, record books and other useful appliances for carrying out the purposes of this article. The commissioner of education shall provide for pupils in the normal schools, city training schools and training classes instruction and practice in the best methods of testing the sight and hearing of children. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

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§ 575. Existence of contagious diseases; return after Existence illness. Whenever upon investigation a pupil in the tagious public schools shows symptoms of small-pox, scarlet diseases fever, measles, chicken-pox, tuberculosis, diphtheria, influenza, tonsilitis, whooping-cough, mumps, scabies or trachoma, he shall be excluded from the school and sent to his home immediately, in a safe and proper conveyance, and the health officer of the city or town shall be immediately notified of the existence of such disease. The medical inspector shall examine each pupil return- Return ing to a school without a certificate from the health illness officer of the city or town, or the family physician, after absence on account of illness or from unknown cause.

Such medical inspectors may make such examinations of teachers, janitors and school buildings as in their opinion the protection of the health of the pupil and teachers may require. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

after

ment of

§ 576. Enforcement of law. It shall be the duty Enforceof the commissioner of education to enforce the pro- law visions of this article, and he may adopt such rules and regulations not inconsistent herewith, after consultation with the state commissioner of health, for the purpose of carrying into full force and effect the objects and intent of this article.

He may, in his discretion, withhold the public money from a district which willfully refuses or neglects to comply with this article, and the rules and regulations made hereunder. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

State medical

inspection

The

§ 577. State medical inspection of schools. commissioner of education shall appoint a competent

of schools physician who has been in the actual practice of his

Duties of

profession for a period of at least five years, as state medical inspector of schools. The state medical inspector of schools, under the supervision of the commissioner of education, shall perform such duties as may be required for carrying out the provisions of this article. The said medical inspector shall be appointed in the same manner as other employees of the education department. (Added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

Requiring parents and guardians to compel children to attend school

§ 624. Duties of persons in parental relation to parents to children. Every person in parental relation to a child

compel school

attend

ance

within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon instruction, as follows:

1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regularly employed thereunder.

2. Elsewhere than in a city or school district having a population of five thousand or above, every child between eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate

issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages.

Penalty where parents do not compel children to attend

school

for fail

children

§ 625. Penalty for failure to perform parental duty. Penalty A violation of section six hundred and twenty-four ure to shall be a misdemeanor, punishable for the first compel offense by a fine not exceeding five dollars, or five days' to attend imprisonment, and for each subsequent offense by a fine school not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special session and police magistrates shall, subject to removal as provided in sections fiftyseven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions.*

FARMS AND MARKETS LAW

(L. 1917, ch. 802, cons. ch. 69 of Cons. Laws.)

ARTICLE II

of officers

em

§ 21. Transfer of officers and employees of existing Transfer departments. The officers and employees of the depart- and ment of agriculture and of the department of foods ployees and markets, and the state superintendent of weights ing deand measures and the officers and employees appointed

* See People v. Ekerold (1914), 211 N. Y. 386, which holds that a parent keeping his child out of school by a refusal to have the child vaccinated, so that the school authorities cannot admit the child, is subject to these penalties. Also see Shappee v. Curtis (1911), 142 App. Div. 155, 127 N. Y. Supp.

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by him, shall, without change of salary, be transferred to the department of farms and markets and continue in office subject to the power of removal or the appointment of their successors as provided in this act. Where existing powers or duties of an officer or employee of the department of health are by this chapter conferred or imposed upon the department of farms and markets, such officers and employees shall, without change of salary, be transferred to the department of farms and markets. The civil service commission may, on request of the council, determine which officers and employees of the department of health shall be SO transferred. Services in the departments from which such transfers are made shall be counted as services in the department of farms and markets. The council shall assign the officers and employees so transferred to duties in the department.

ARTICLEV

The

§ 100. Effect on existing provisions of law. on existing provisions of the agricultural law, except so far as the

Effect

provisions of law

same are in conflict or inconsistent with the provisions of this chapter, are continued in full force and effect, and the powers and duties of the agricultural department and the commissioner of agriculture under such law shall be exercised and performed by the department of farms and markets, through the council and the appropriate divisions of such department, under and pursuant to the provisions of this chapter. The provisions of article two-a of the general business law, as added by chapter two hundred and forty-five of the laws of nineteen hundred and fourteen and the acts amendatory thereof, pertaining to foods and markets, are continued in full force and effect except so far as they are in conflict or inconsistent with the provisions of this chapter. The powers and duties of the department

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