Section 912-A. Urine analysis; drug detection  


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  • 1. The school authorities of
      each school district within the state may cause all  children  attending
      grades  seven  through  twelve,  inclusive,  in  the  public and private
      schools located within such districts, to be  separately  and  carefully
      examined  in order to ascertain whether any such children are making use
      of dangerous drugs.
        2. Such examination may be made  only  upon  the  written  request  or
      consent of a parent of, or person in parental relation to, a child. Such
      examination  shall  be  conducted  without notice to the child and shall
      include the supervised taking of a urine sample which shall be  analyzed
      for  such  drugs  and  in  accordance  with  such  standards as shall be
      acceptable to the New York state  office  of  alcoholism  and  substance
      abuse services, or its successor agency. The results of such examination
      shall  be  promptly forwarded to the school authorities. If it should be
      ascertained, upon such test or examination, that any child is making use
      of dangerous drugs, the school authorities  shall  report  same  to  the
      social services department for the social services district wherein such
      school  is  located and to the parent of, or person in parental relation
      to, such child together with a statement to such  parent  or  person  in
      parental relation as to available programs and facilities to combat such
      dangerous  drug  usage.  The  local  social services department shall be
      empowered, in an appropriate case, to take such action  and  offer  such
      protective social services as are prescribed by title six of article six
      of the social services law.
        3.  Except  as required in this section, information resulting from an
      examination  conducted  pursuant  to  this   section   shall   be   kept
      confidential  and shall not be used for law enforcement purposes but may
      be utilized only for statistical, epidemiological or research purposes.
        4. Any record or information  compiled  from  such  examination  which
      identifies  an  individual student as a user of dangerous drugs shall be
      maintained separate and apart  from  such  student's  other  educational
      records  and  in appropriate confidence and shall be destroyed upon such
      student's graduation or final severance from the  secondary  educational
      school system in this state.
        Notwithstanding any provision of this section to the contrary, no such
      examination  shall  be  required  where a student objects thereto on the
      grounds that such examinations conflict with their genuine  and  sincere
      religious beliefs.