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

                                 2880--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by M. of A. ORTIZ, GALEF, MORELLE, PAULIN, BENEDETTO, ENGLE-
  BRIGHT, CLARK, BOYLAND, COOK -- Multi-Sponsored by -- M. of  A.  BREN-
  NAN,  GOTTFRIED, HEASTIE, JACOBS, LENTOL, LIFTON, LUPARDO, MAGNARELLI,
  MILLMAN, RIVERA, ROBINSON, SWEENEY, TITUS, WEISENBERG, WRIGHT --  read
  once   and  referred  to  the  Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to requiring  instruction
  in physical education in certain elementary and secondary schools

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

  Section 1. Legislative intent. (i) The legislature  hereby  finds  and
declares that the health and physical activity of its children and youth
are and have been a long-standing health objective of the state. Against
a  background  of  epidemic levels of child obesity, in which at least 1
out of 3 children is now considered overweight or obese, physical educa-
tion has become even more particularly important in the role it plays in
the state's health objectives for its children and youths.
  (ii) According to the  Centers  for  Disease  Control  and  Prevention
(CDC),  the  academic success of America's youth is strongly linked with
their health.   Furthermore, the CDC has  studied  and  documented  that
students  who  engage in sixty minutes or more of physical activity five
or more days per week do better in school. Research also indicates  that
obese  children  and  youth  have  higher  absenteeism and lower reading
proficiency scores than their non-obese peers.
  (iii) Although it may be correlation and not causation, many kids  are
spending  less time exercising and more time in front of the TV, comput-
er, or video-game console. And today's busy  families  have  fewer  free
moments  to  prepare  nutritious,  home-cooked  meals. From fast food to
electronics, quick and easy is the reality for many people  in  the  new
millennium.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06859-02-3
              

A. 2880--A                          2

  (iv)  Our  schools  are  uniquely  positioned  to  meet children's and
youth's physical activity needs. Physical education can be  the  corner-
stone  of building healthier student bodies, healthier neighborhoods and
higher achievement. This is true in  physical  education's  role  as  an
integral  part  of  a  school's  instruction,  health education classes,
elementary and secondary school  recess,  after-school  activity  clubs,
intramural  or  interscholastic programs. Taken together, these sorts of
activities can raise children's and youth's self-esteem, physical compe-
tence, and open new careers and activities to them.
  (v) The legislature finds and declares therefore that mandatory  phys-
ical  education in schools is a key part of protecting the health of our
children and youth, the adults into which they will grow, and an  impor-
tant  tool  in  preventing  the  myriad  diseases plaguing New York that
derive from child obesity and lack of physical activity.
  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.  (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
SHALL PROVIDE IN ITS  RULES  THAT  THE  PHYSICAL  EDUCATION  INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES  IN  CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL, WHERE
FEASIBLE, INCLUDE MANDATORY 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 SUCH
ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTICIPATE IN PHYSICAL EDUCATION
FOR A MINIMUM OF ONE HUNDRED FIFTY MINUTES DURING EACH SCHOOL WEEK.  THE
REGENTS  SHALL  PROVIDE FOR A TWO-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
two-year phase-in required by subdivision 5 of section 803 of the educa-
tion  law  as  amended  by section two of this act shall be completed no
later than July 1, 2016.