S T A T E O F N E W Y O R K
________________________________________________________________________
10259
I N A S S E M B L Y
May 16, 2012
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to screening for child-
hood obesity and instruction in good health and reducing the incidence
of obesity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 901 of the education law, as amended by chapter 477
of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
S 901. School health services to be provided. 1. School health
services, as defined in subdivision two of this section, shall be
provided by each school district for all students attending the public
schools in this state, except in the city school district of the city of
New York, as provided in this article. School health services shall
include the services of a registered professional nurse, if one is
employed, and shall also include such services as may be rendered as
provided in this article in examining students for the existence of
disease or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX AND WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE HUNDRED FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
2. School health services for the purposes of this article shall mean
the several procedures, including, but not limited to, medical examina-
tions, dental inspection and/or screening, scoliosis screening, vision
screening [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED BY
BODY MASS INDEX AND WEIGHT STATUS CATEGORY, designed to determine the
health status of the child; to inform parents or other persons in
parental relation to the child, pupils and teachers of the individual
child's health condition subject to federal and state confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident or illness; to survey and make necessary recommendations
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13426-12-2
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concerning the health and safety aspects of school facilities and the
provision of health information.
S 2. Subdivisions 1, 3 and 4 of section 903 of the education law, as
amended by chapter 281 of the laws of 2007, subdivision 1 as separately
amended by section 11 of part B of chapter 58 of the laws of 2007 and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are amended to read as follows:
1. A health certificate shall be furnished by each student in the
public schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional interests of such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with any
applicable written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized to prac-
tice in the jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction has stand-
ards of licensure and practice comparable to those of New York. Each
such certificate shall describe the condition of the student when the
examination was made, which shall not be more than twelve months prior
to the commencement of the school year in which the examination is
required, and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools. THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS ASSOCIATED WITH
TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY OTHER FACTORS CONSISTENT WITH INCREASED RISK SHALL BE TESTED FOR
DIABETES. Each such certificate shall also state the student's body mass
index (BMI) and weight status category. For purposes of this section,
BMI is computed as the weight in kilograms divided by the square of
height in meters or the weight in pounds divided by the square of height
in inches multiplied by a conversion factor of 703. Weight status cate-
gories for children and adolescents shall be as defined by the commis-
sioner of health. In all school districts such physician, physician
assistant or nurse practitioner shall determine whether a one-time test
for sickle cell anemia is necessary or desirable and he or she shall
conduct such a test and the certificate shall state the results.
3. a. Within thirty days after the student's entrance in such schools
or grades, the health certificate shall be submitted to the principal or
his or her designee and shall be filed in the student's cumulative
health record. If such student does not present a health certificate as
required in this section, unless he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate is not furnished
within thirty days from the date of such notice, an examination will be
made of such student, as provided in this article. Each school and
school district [chosen as part of an appropriate sampling methodology]
shall participate in surveys directed by the commissioner of health
pursuant to the public health law in relation to students' BMI and
weight status categories as reported on the school health certificate
and which shall be subject to audit by the commissioner of health. Such
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surveys shall contain the information required pursuant to subdivision
one of this section in relation to students' BMI and weight status cate-
gories in aggregate. Parents or other persons in parental relation to a
student may refuse to have the student's BMI and weight status category
included in such survey. Each school and school district shall provide
the commissioner of health with any information, records and reports he
or she may require for the purpose of such audit. The BMI and weight
status survey and audit as described in this subdivision shall be
conducted consistent with confidentiality requirements imposed by feder-
al law.
b. Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall be filed in
the student's cumulative health record.
4. Notwithstanding the provisions of subdivisions one, two and three
of this section, no examinations for a health certificate or health
history shall be required or dental certificate requested, and no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health history conflict with their genuine and sincere religious
beliefs.
S 3. Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 58 of the laws of 2007, is amended to
read as follows:
1. Each principal of a public school, or his or her designee, shall
report to the director of school health services having jurisdiction
over such school, the names of all students who have not furnished
health certificates as provided in section nine hundred three of this
article, or who are children with disabilities, as defined by article
eighty-nine of this chapter, and the director of school health services
shall cause such students to be separately and carefully examined and
tested to ascertain whether any student has defective sight or hearing,
or any other physical disability which may tend to prevent him or her
from receiving the full benefit of school work, or from requiring a
modification of such work to prevent injury to the student or from
receiving the best educational results. Each examination shall also
include a calculation of the student's body mass index (BMI) and weight
status category. For purposes of this section, BMI is computed as the
weight in kilograms divided by the square of height in meters or the
weight in pounds divided by the square of height in inches multiplied by
a conversion factor of 703. Weight status categories for children and
adolescents shall be as defined by the commissioner of health. In all
school districts, such physician, physician assistant or nurse practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary or desirable and he or she shall conduct such tests and the
certificate shall state the results. If it should be ascertained, upon
such test or examination, that any of such students have defective sight
or hearing[,] or other physical disability, including sickle cell
anemia, as above described, OR ARE OBESE, the principal or his or her
designee shall notify the parents of, or other persons in parental
relation to, the child as to the existence of such disability. If the
parents or other persons in parental relation are unable or unwilling to
provide the necessary relief and treatment for such students, such fact
shall be reported by the principal or his or her designee to the direc-
tor of school health services, whose duty it shall be to provide relief
for such students. Each school and school district [chosen as part of an
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appropriate sampling methodology] shall participate in surveys directed
by the commissioner of health pursuant to the public health law in
relation to students' BMI and weight status categories as determined by
the examination conducted pursuant to this section and which shall be
subject to audit by the commissioner of health. Such surveys shall
contain the information required pursuant to this subdivision in
relation to students' BMI and weight status categories in aggregate.
[Parents or other persons in parental relation to a student may refuse
to have the student's BMI and weight status category included in such
survey.] Each school and school district shall provide the commissioner
of health with any information, records and reports he or she may
require for the purpose of such audit. The BMI and weight status survey
and audit as described in this section shall be conducted consistent
with confidentiality requirements imposed by federal law. [Data
collection for such surveys shall commence on a voluntary basis at the
beginning of the two thousand seven academic school year, and by all
schools chosen as part of the sampling methodology at the beginning of
the two thousand eight academic school year.] The department shall also
utilize the collected data to develop a report of child obesity and
obesity related diseases.
S 4. Section 912 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
S 912. Health and welfare services to all children. The voters and/or
trustees or board of education of every school district shall, upon
request of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the health and
welfare services and facilities which are made available by such voters
and/or trustees or board of education to or for children attending the
public schools of the district. Such services may include, but are not
limited to all services performed by a physician, physician assistant,
dentist, dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also include dental prophylaxis, vision and hearing
screening examinations, CHILDHOOD OBESITY SCREENING, the taking of
medical histories and the administration of health screening tests, the
maintenance of cumulative health records and the administration of emer-
gency care programs for ill or injured students. Any such services or
facilities shall be so provided notwithstanding any provision of any
charter or other provision of law inconsistent herewith. Where children
residing in one school district attend a school other than public
located in another school district, the school authorities of the
district of residence shall contract with the school authorities of the
district where such nonpublic school is located, for the provision of
such health and welfare services and facilities to such children by the
school district where such nonpublic school is located, for a consider-
ation to be agreed upon between the school authorities of such
districts, subject to the approval of the qualified voters of the
district of residence when required under the provisions of this chap-
ter. Every such contract shall be in writing and in the form prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction over such district of residence and such contract shall not
become effective until approved by such superintendent.
S 5. Subdivisions 4 and 5 of section 918 of the education law, as
added by chapter 493 of the laws of 2004, are amended to read as
follows:
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4. The committee is encouraged to study AND MAKE RECOMMENDATIONS ON
all facets of the current nutritional policies of the district includ-
ing, but not limited to, the goals of the district to promote health and
proper nutrition, REDUCE THE INCIDENCE OF CHILDHOOD OBESITY, vending
machine sales, menu criteria, educational curriculum teaching healthy
nutrition, AND educational information provided to parents or guardians
regarding healthy nutrition and the health risks associated with obesi-
ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIRATORY DISEASES.
PROVIDED, FURTHER, THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
PARENTAL RELATION ON opportunities offered to parents or guardians to
encourage healthier eating habits to students, and the education
provided to teachers and other staff as to the importance of healthy
nutrition AND ABOUT THE DANGERS OF CHILDHOOD OBESITY. In addition the
committee shall consider recommendations and practices of other
districts and nutrition studies.
5. The committee is encouraged to report periodically to the district
regarding practices that will educate teachers, parents or guardians and
children about healthy nutrition and raise awareness of the dangers of
CHILDHOOD obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIR-
ATORY DISEASES. The committee is encouraged also to provide any parent
teacher associations in the district with such findings and recommenda-
tions.
S 6. Subdivisions 1 and 5 of section 803 of the education law, as
amended by chapter 118 of the laws of 1957, are amended to read as
follows:
1. All pupils above the age of eight years in all elementary and
secondary schools, shall receive as part of the prescribed courses of
instruction therein such physical education under the direction of the
commissioner of education as the regents may determine. Such courses
shall be designed to aid in the well-rounded education of pupils and in
the development of character, citizenship, OVERALL physical fitness,
GOOD health [and], the worthy use of leisure AND THE REDUCTION IN THE
INCIDENCE OF CHILDHOOD OBESITY. Pupils above such age attending the
public schools shall be required to attend upon such prescribed courses
of instruction.
5. (A) 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.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE REGENTS
MAY PROVIDE IN ITS RULES THAT THE PHYSICAL EDUCATION INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR ACTIV-
ITY, INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
TIVE EDUCATION PROGRAMS. THE REGENTS MAY INCLUDE IN ITS RULES THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF ONE
HUNDRED TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
S 7. The section heading and subdivision 1 of section 804 of the
education law, the section heading as amended by chapter 401 of the laws
of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
are amended and a new subdivision 3-b is added to read as follows:
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Health education regarding alcohol, drugs, tobacco abuse, THE
REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and detection
of certain cancers. 1. All schools shall include, as an integral part of
health, SCIENCE AND PHYSICAL education, instruction so as to discourage
the misuse and abuse of alcohol, tobacco[,] and other drugs, TO REDUCE
THE INCIDENCE OF OBESITY, and promote attitudes and behavior that
enhance health, well being, and human dignity.
3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING GOOD NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
AN INTEGRAL PART OF REQUIRED HEALTH, SCIENCE AND PHYSICAL EDUCATION
COURSES.
S 8. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
1. Within the amounts appropriated, the commissioner is hereby
authorized to establish a demonstration program and to distribute state
funds to local school districts, boards of cooperative educational
services and in certain instances community school districts, for the
development, implementation, evaluation, validation, demonstration and
replication of exemplary comprehensive health education programs to
assist the public schools in developing curricula, training staff, and
addressing local health education needs of students, parents, and staff.
SUCH PROGRAMS SHALL SERVE THE PURPOSE OF DEVELOPING AND ENHANCING
PUPILS' HEALTH KNOWLEDGE, SKILLS, ATTITUDES AND BEHAVIORS, WHICH IS
FUNDAMENTAL TO IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
AS WELL AS REDUCING THE INCIDENCE OF ADOLESCENT PREGNANCY, ALCOHOL
ABUSE, TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD
AND ADOLESCENCE.
S 9. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
S 813. School lunch period; scheduling. Each school shall schedule a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten through grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
S 10. This act shall take effect immediately, except that sections
one, two, three, four and five of this act shall take effect two years
after this act shall have become a law.