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

                                  2905

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by Sens. FLANAGAN, DeFRANCISCO, RANZENHOFER, ROBACH, VOLKER,
  YOUNG -- read twice and  ordered  printed,  and  when  printed  to  be
  committed 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-
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:

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

S. 2905                             2

  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.