S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2627

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. ORTIZ, GALEF, MORELLE, P. RIVERA, PAULIN, BENE-
  DETTO, HOYT, ENGLEBRIGHT, CLARK, CARROZZA -- Multi-Sponsored by --  M.
  of  A.  BARRA,  BOYLAND,  BRENNAN,  GOTTFRIED,  HEASTIE, KOON, LENTOL,
  LIFTON,  LUPARDO,  MAGNARELLI,  MILLMAN,   PHEFFER,   QUINN,   REILLY,
  J. RIVERA,  ROBINSON, STIRPE, SWEENEY, TITUS, TOWNS, TOWNSEND, WEISEN-
  BERG -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to the required  instruc-
  tion in physical education in elementary schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature hereby finds that phys-
ically active, healthy kids are better positioned  to  attain  a  higher
level  of  academic achievement. The importance of physical education in
the health of young people has long been a part of the health objectives
of the state. It is well documented that school-age youths need at least
60 minutes of moderate to vigorous physical activity every day  and  the
school  environment  plays  an  important  role in helping to facilitate
achievement of this physical activity  level  for  children.    Physical
education instruction is the cornerstone of a comprehensive school phys-
ical  activity  program  that also includes health education, elementary
school recess, after-school physical  activity  clubs  and  intramurals,
high school interscholastic athletics, walk/bike to school programs, and
staff  wellness  programs. Physical education is a planned instructional
program with specified  objectives.  An  essential  part  of  the  total
curriculum,  physical  education  programs  increase the physical compe-
tence, health-related fitness,  self-responsibility,  and  enjoyment  of
physical  activity  for all students so that they can establish physical
activity as a natural part of everyday life. In  a  time  of  increasing
health  risks  and  health  care  costs, prevention is key and exemplary
physical education programs that provide daily physical activity  oppor-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03398-02-9

              

A. 2627                             2

tunities  should  be  part  of the solution for inactivity, obesity, and
related chronic diseases.
  S  2. Subdivision 5 of section 803 of the education law, as amended by
chapter 118 of the laws of 1957, is amended to read as follows:
  5. It shall be the duty of the regents to adopt rules determining  the
subjects to be included in courses of physical education provided for in
this  section,  the  period  of instruction in each of such courses, the
qualifications of teachers, and the  attendance  upon  such  courses  of
instruction.    NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
REGENTS SHALL PROVIDE IN ITS RULES THAT THE PHYSICAL EDUCATION  INSTRUC-
TION  REQUIREMENT  FOR  STUDENTS  ENROLLED  IN  ELEMENTARY SCHOOL GRADES
SHALL, WHERE  FEASIBLE,  INCLUDE  DAILY  PHYSICAL  EDUCATION,  INCLUDING
STUDENTS  WITH  DISABLING  CONDITIONS AND THOSE IN ALTERNATIVE EDUCATION
PROGRAMS. THE REGENTS SHALL INCLUDE IN ITS RULES THAT STUDENTS  ENROLLED
IN  ELEMENTARY  SCHOOLS  SHALL  PARTICIPATE  IN PHYSICAL EDUCATION FOR A
MINIMUM OF ONE HUNDRED  FIFTY  MINUTES  DURING  EACH  SCHOOL  WEEK.  THE
REGENTS SHALL PROVIDE FOR A THREE YEAR PHASE-IN SCHEDULE FOR DAILY PHYS-
ICAL EDUCATION IN ELEMENTARY SCHOOLS IN ITS RULES.
  S  3.  This  act shall take effect immediately; provided, however, the
three year phase-in required by subdivision 5  of  section  803  of  the
education  law  as amended by section two of this act shall be completed
no later than July 1, 2012.