## Facts

- New York Education Law § 905(1) required school authorities to examine pupils ages 8–16 for scoliosis at least once each school year.
- Emily Uhr attended schools in the East Greenbush Central School District.
- In 1992–1993, a school nurse screened Emily for scoliosis and reported negative results.
- In 1993–1994, a school nurse checked Emily’s height, weight, and vision but allegedly did not perform a scoliosis screening.
- In March 1995, a school nurse screened Emily for scoliosis and the results were positive.
- An orthopedic physician determined Emily’s scoliosis had progressed such that surgery was required rather than earlier, less invasive treatment; Emily underwent surgery in July 1995.
- Emily and her parents alleged the District’s failure to perform the 1993–1994 screening allowed the condition to worsen.
- Plaintiffs sued on (1) an implied statutory cause of action under § 905(1) and (2) common-law negligence for failure to provide the screening.
- The trial court granted summary judgment to the District; the Appellate Division affirmed.

## Issues

1. Whether Education Law § 905(1) implies a private right of action for failure to conduct the mandated annual scoliosis screening.
2. Whether plaintiffs stated a viable common-law negligence claim against the District based on failure to perform the screening.

## Decision

- The Court of Appeals affirmed dismissal of the action.
- The court held § 905(1) does not create an implied private right of action.
- The court held plaintiffs failed to state a cognizable common-law negligence claim based on the alleged failure to conduct the statutory screening.

## Legal Principles

- A statutory directive, standing alone, does not automatically authorize private enforcement through tort litigation.
- An implied private right of action may be recognized only if: (1) the plaintiff is in the class the statute benefits, (2) a private action would further the legislative purpose, and (3) a private action is consistent with the legislative scheme.
- The third factor—consistency with the legislative scheme—can be determinative where the Legislature provided administrative enforcement (e.g., sanctions by the Commissioner of Education) rather than private lawsuits.
- Statutory language limiting added liability for those who perform mandated examinations is strong evidence the Legislature did not intend to create new tort exposure through an implied private remedy.
- A plaintiff cannot recast the same alleged statutory noncompliance as common-law negligence when doing so would effectively create a private enforcement mechanism the statute does not provide.

## Conclusion

The court refused to imply a private damages remedy from the scoliosis-screening statute because the Legislature selected administrative enforcement and signaled an intent not to expand tort liability; for the same reasons, the District’s alleged failure to conduct the screening did not support a separate common-law negligence claim.


Uhr v. E. Greenbush Cent. Sch. Dist., 94 N.Y.2d 32 (1999)