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.) § 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.) § 575. Existence of contagious diseases; return after illness. Whenever upon investigation a pupil in the public schools shows symptoms of smallpox, scarlet 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 returning to a school without a certificate from the health 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.) § 576. Enforcement of law. It shall be the duty of the commissioner of education to enforce the provisions 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 wilfully refuses or neglects to comply with this article, and the rules and regulations made hereunder. (Added by L. 1913, ch. 627.) § 577. State medical inspection of schools. The commissioner of education shall appoint a competent physician who has been in the actual practice of his 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.) § 578. Children with retarded mental development. 1. The board of education of each city and of each union free school district, and the board of trustees of each school district shall, within one year from the time this act becomes effective, ascertain, under regulations prescribed by the commissioner of education and approved by the regents of the university, the number of children in attendance upon the public schools under its supervision who are three years or more retarded in mental development. 2. The board of education of each city and of each union free school district in which there are ten or more children three years or more retarded in mental development shall establish such special classes of not more than fifteen as may be necessary to provide instruction adapted to the mental attainments of such children. 3. The board of education of each city and of each union free school district, and the board of trustees of each school district which contains less than ten such children may contract with the board of education of another city or school district for the education of such children in special classes organized in the schools of the city or district with which such contract is made. (Added by L. 1917, ch. 553.) § 579. Assistant mental diagnostician. There shall be in the department of education an assistant mental diagnostician, to be appointed by the commissioner of education. He shall receive an annual salary to be fixed by the commissioner of education within the amount of moneys appropriated therefor. He shall conduct. psychological examinations of backward school children, select children who need special class instruction and perform such other duties as the commissioner may prescribe. (Added by L. 1920, ch. 457.) § 695. Instruction in physical training and kindred subjects. All male and female pupils above the age of eight years in all elementary and secondary schools, shall receive as part of the prescribed courses of instruction therein such physical training under the direction of the commissioner of education as the regents may determine, during periods which shall average at least twenty minutes in each school day. Pupils above such age attending the public schools shall be required to attend upon such prescribed courses of instruction. The board of education or trustees of every school district in a city and every union free school district regularly employing twenty or more teachers shall employ a teacher or teachers qualified and duly licensed under the regulations of the regents to give such instruction; in every other district of the state, they shall require such instruction to be given by the teacher or teachers regularly employed to give instruction in other subjects or by a teacher or teachers qualified and duly licensed under the regulations of the regents. The boards of education or trustees of two or more contiguous districts in the same supervisory district, however, may join in the employment of a teacher qualified and duly licensed under the regulations of the regents to give such instruction; and the salary of such teacher and the expenses incurred on account of such instructions shall be apportioned by the district superintendent among such districts according to the assessed valuation thereof, and as so apportioned shall be a charge upon each of such districts. Similar courses of instruction shall be prescribed and maintained in private schools in the state, and all pupils in such schools over eight years of age shall attend upon such courses; and if such courses are not so established and maintained in any private school, attendance upon instruction in such school shall not be deemed substantially equivalent to instruction given to children of like ages in the public school or schools of the city or district in which the child resides. (Added by L. 1916, ch. 567, and amended by L. 1918, ch. 442, and L. 1921, chs. 211, 389.) § 698. Use of armories for physical training. The physical training herein before provided for, may be given, when practicable, in any armory of the state where such armory is within convenient distance from the school, and at such times and in such manner as not to interfere with the regular military uses of such armory. The commanding officer in charge of any such armory shall, upon application made by any board of education or trustees of the several cities and school districts within the state, permit access to any such armory, for the purposes herein mentioned. (Added by L. 1919, ch. 112.) II. MISCELLANEOUS HEALTH REGULATIONS. Day Nurseries and Boarding Houses. Pursuant to section 482 of the Penal Law, licenses for day nurseries must be procured from the local board of health. The state sanitary code, ch. 8, regulations 1, 2, 3 and 3a prescribe that no such license shall be issued by the local authorities unless proper inspection be made of the premises proposed to be used, sufficient ventilation assured and medical attention provided. Special rules and regulations relating to day nurseries established by the state commissioner of health prescribe detailed requirements for the construction, equipment and maintenance of day nurseries, and for the admission, supervision and care of children therein. The code and rules are published in pamphlet form by the State Department of Health. For provisions for licensing day nurseries in the city of New York, see New York City Code of Ordinances, §§ 197, 198. § 438. Skimmed milk. Penal Law. (L. 1909, ch. 88.) A person who sells or offers for sale, milk from which the whole or a part of the cream has been skimmed or removed, without disclosing the fact, or having a mark or label, plainly and legibly stating the fact, conspicuously affixed to every can or vessel containing the same, under circumstances not constituting an offense, for the punishment of which provision is otherwise specially made by statute, is guilty of a misdemeanor. Public Health Law. (L. 1909, ch. 49.) § 312. Regulating the sanitary condition of bathing establishments and the preservation of life at bathing places. NOTE. This section contains detailed requirements and regulations as to the establishment and conduct of bathing places for the accommodation for pay of the public. General Municipal Law. (L. 1909, ch. 29.) § 121. Establishment and maintenance of free public baths. All cities of the first and second class shall establish and maintain such number of free public baths as the local board of health may determine to be necessary; each bath shall be kept open not less than fourteen hours for each day and both hot and cold water shall be provided. The erection and maintenance of river or ocean baths shall not be deemed a compliance with the requirements of this section. Any city, village or town having less than fifty thousand inhabitants may establish and maintain free public baths, and any city, village or town may loan its credit or may appropriate of its funds for the purpose of establishing such free public baths. § 135-b. Prenatal and maternity care. The authorities of any municipal corporation charged by law with the duty and power of making appropriations may, in their discretion, appropriate moneys for prenatal care and maternity protection and may prescribe by whom and under what terms and conditions such moneys shall be expended. (Added by L. 1921, ch. 420.) § 101. Rochester Charter. (L. 1907, ch. 755.) The common council may pass an ordinance authorizing the commissioner of public safety to enter into a contract, without competition, for the examination or care of the teeth of children attending the schools, and providing for the payment of specified annual or semi-annual amounts thereon for a period not exceeding five years. New York Charter. (L. 1901, ch. 466.) $ 691-a. Establishment of day nurseries. The commissioner of charities, with the approval of the board of estimate and apportionment, may, in his discretion, establish one or more day nurseries, and may adopt rules and regulations for the free admission thereto of children under ten years of age. If authorized by the board of estimate and apportionment, he may select and cause to be acquired therefor, in the name and on behalf of the city of New York, in the manner provided by chapter twenty-one of this act, the land, together with the buildings thereon, situated at the northwest corner of Tenth avenue and Fiftieth street, in the borough of Manhattan, city of New York, which premises are known as five hundred and one West Fiftieth street, together with such other land and buildings situated in the city of New York as he may deem needed therefor, and the acquisition of which the board of estimate and apportionment shall approve. (Added by L. 1911, ch. 69.) III. VACCINATION. § 310. Vaccination of school children. 1. A child or person not vaccinated shall not be admitted or received into a school in a city of the first or second class. The board, officers or other persons having the charge, management or control of such school shall cause this provision of law to be enforced. The board of health or other board, commission or officers of such city having jurisdiction of the enforcement of the chapter therein shall provide, at the expense of the city for the vaccination of all pupils of such school whose parents or guardian do not provide vaccination for them. 2. Whenever smallpox exists in any other city or school district, or in the vicinity thereof, and the state commissioner of health shall certify in writing to the school authorities in charge of any school or schools in such city or district, it shall become the duty of such school authorities to exclude from such schools every child or person who does not furnish a certificate from a duly licensed physician to the effect that he has successfully vaccinated such child or person with vaccine virus in the usual manner or that such child or person shows evidence by scar of a successful previous vaccination. Whenever school authorities having the charge, management and control of schools in a district or city cause this provision of law to be enforced, the local board of health shall provide for the vaccination of all children whose parents or guardian do not provide such vaccination. 3. The expense incurred, when such vaccination is performed under the direction of the local health authorities, shall be a charge upon the municipality in which the child or person vaccinated resided, and shall be audited and paid in the same manner |