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

                                  8592

                          I N  A S S E M B L Y

                            January 27, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT relating to requiring the commissioner of  education  to  survey,
  examine  and  report  about  school  district compliance with physical
  education instruction requirements in elementary and secondary  grades
  in public schools

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

  Section 1. a. The commissioner of education shall survey, examine  and
report about school district compliance with physical education instruc-
tion  requirements as required by laws and regulations in elementary and
secondary grades in all public schools. Such report  shall  include  but
not be limited to the following information for each school district:
  (i)  how  many and which schools do not have a facility, multi-purpose
room, non-classroom designated area, or other designated spaces that are
adequate for physical education instruction  as  required  by  laws  and
regulations;
  (ii)  how many and which schools have a facility or other space listed
in paragraph (i) of this subdivision for physical education  instruction
do  not  or cannot use such space for physical education instruction and
the reason or reasons why such space is not used for physical education;
  (iii) the maximum number of students who can receive  physical  educa-
tion instruction at each school facility or area designated for physical
education  and  how  many  students currently receive physical education
instruction at each facility or designated area;
  (iv) how many and which elementary schools do not (A) employ a teacher
or teachers certified  in  physical  education  for  physical  education
instruction  or  (B) designate a teacher or teachers for physical educa-
tion instruction;
  (v) how many and which secondary schools do  not  employ  a  certified
physical education teacher for physical education instruction;
  (vi)  how  many  and  which  schools do not provide the class time for
physical education instruction as required by law and  statute  and  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13470-01-4
              

A. 8592                             2

reason  or  reasons  why the schools do not provide appropriate time for
such instruction; and
  (vii)  how  many and which schools are not in compliance with physical
education instruction requirements established in laws  and  regulations
or  are  in  violation  of  any physical education related laws or regu-
lations.
  b. On or before July 1, 2015,  the  commissioner  of  education  shall
report  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, and the  chairs  of  the  senate  and  assembly
committees  on education the findings required pursuant to subdivision a
of this section including an analysis and explanation of  the  data  and
information  provided  in  the report, and shall identify steps that the
education department is taking to ensure that all public schools are  in
compliance with physical education instruction requirements in elementa-
ry and secondary grades.
  S 2. This act shall take effect immediately.