Res. No. 819
Resolution calling on the New York State Legislature to introduce and pass, and the Governor to sign, an amendment to the Dominic Murray Sudden Cardiac Arrest Prevention Act to require that public school students, including New York City Department of Education students, receive an echocardiogram before entering high school
By Council Members Hanks and Louis
Whereas, The New York City (“NYC” or “City”) Department of Education (DOE) school district, the largest public school system in the United States (U.S.), serves more than 900,000 students; and
Whereas, New York State (“NYS” or “State”) Education Law Article 19 and regulations of the Commissioner of Education (“Regulations”) require health examinations of public school students when entering the school district for the first time, in certain grades, and at any grade level determined by school administration, at their discretion, to promote the educational interests of the student; to participate in strenuous activity (i.e., athletics); upon a student’s request for an employment certificate (i.e., working papers); and when conducting an initial evaluation or reevaluation of a student suspected of having a disability or a student with a disability; and
Whereas, These health examinations serve multiple purposes including, for example, making an appropriate assessment of the student’s current health status; determining if the student is free from contagion and fit to attend and participate in all aspects of the school program; indicating the need and extent to which the school program should be modified to benefit the student; communicating to the parent/guardian any findings that require further investigation and treatment; and providing an opportunity to counsel the student and the parent/guardian concerning any health issues or conditions detected or securing appropriate care and supports in the school environment; and
Whereas, The Dominic Murray Sudden Cardiac Arrest Prevention Act (“Act”), which was effective July 1, 2022, amended State Public Health Law to direct the NYS Commissioners of Health and Education develop information relating to students exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest (SCA); and
Whereas, Additionally, the Act directs the Commissioner of Education to post such information on the NYS Education Department’s (NYSED’s) website; requires all schools to include such information in any permission form, consent form, or similar document that may be required for a student’s participation in interscholastic athletics or reference how to obtain such information from NYSED and NYS Department of Health’s websites, or on the school’s website, if one exists; and
Whereas, Lastly, the Act directs the Commissioner of Education to promulgate regulations requiring that any student displaying signs or symptoms of pending or increased risk of SCA be immediately removed from athletic activities, to not resume athletic activity until they have been evaluated by and received written and signed authorization from a licensed physician, and retain the authorization on file in the student’s permanent health record; and
Whereas, SCA is the abrupt and sudden loss of heart function, which can be fatal if not treated within minutes, and even with treatment death may occur; and
Whereas, The American Academy of Pediatrics estimates that approximately 2,000 people under the age of 25 die from SCA in the U.S. each year; and
Whereas, SCA is the leading cause of death in young athletes in the U.S., resulting in a death once every three days during the school year; and
Whereas, When undiagnosed, preexisting heart conditions are typically responsible for SCA, which usually happens immediately and without warning when the heart beats irregularly, causing it to malfunction and stop beating unexpectedly; and
Whereas, An echocardiogram, which is a non-invasive imaging test that uses ultrasound waves to create detailed pictures of the heart to provide information about its structure, function, and blood flow, and which can be used to diagnosed heart conditions, such as valve disease, heart failure, and congenital heart defects, is not part of the required health examinations; and
Whereas, Notably, neither the Act nor the required student health examination forms from the City and the State mandate that all students receive an echocardiogram as part of a student’s required health examinations; and
Whereas, Including an echocardiogram as part of required health examinations could help to prevent SCA among public school students; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to introduce and pass, and the Governor to sign, an amendment to the Dominic Murray Sudden Cardiac Arrest Prevention Act to require that public school students, including New York City Department of Education students, receive an echocardiogram before entering high school.
CGR
LS #18681
3/5/2024