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

                                  6504

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by  M.  of A. CRESPO, PICHARDO, RIVERA, COOK, CROUCH, FINCH,
  RAIA, DILAN, ARROYO -- Multi-Sponsored by -- M.  of  A.  LUPINACCI  --
  read once and referred to the Committee on Education

AN  ACT  to  amend  the  education  law,  in relation to authorizing the
  screening for childhood 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 MAY INCLUDE 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 confi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05724-01-5
              

A. 6504                             2

dentiality laws; to guide parents, children and teachers  in  procedures
for  preventing  and  correcting  defects  [and], diseases AND CHILDHOOD
OBESITY CONDITIONS; to instruct the school personnel  in  procedures  to
take in case of accident or illness; to survey and make necessary recom-
mendations concerning the health and safety aspects of school facilities
and the provision of health information.
  S  2. Subdivision 1 of section 903 of the education law, as separately
amended by section 11 of part B of chapter 58 and  chapter  281  of  the
laws of 2007, is 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 MAY ALSO 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.
  S 3. 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:
  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

A. 6504                             3

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  4. 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 MAY 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, ASTHMA, OTHER CHRONIC
RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD AND ADOLESCENCE.
  S 5. This act shall take effect immediately, except that sections one,
two  and  three  of  this act shall take effect two years after this act
shall have become a law.

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

                                 6504--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by  M.  of A. CRESPO, PICHARDO, RIVERA, COOK, CROUCH, FINCH,
  RAIA, DILAN, ARROYO, SEPULVEDA, BUCHWALD -- Multi-Sponsored by  --  M.
  of  A.  LUPINACCI -- read once and referred to the Committee on Educa-
  tion -- recommitted to the Committee on Education in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law,  in relation to authorizing the
  screening for childhood 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 MAY INCLUDE CHILDHOOD OBESITY AS
MEASURED BY BODY MASS INDEX AND  WEIGHT  STATUS  CATEGORY,  designed  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05724-03-6
              

A. 6504--A                          2

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 confi-
dentiality  laws;  to guide parents, children and teachers in procedures
for preventing and correcting  defects  [and],  diseases  AND  CHILDHOOD
OBESITY  CONDITIONS;  to  instruct the school personnel in procedures to
take in case of accident or illness; to survey and make necessary recom-
mendations concerning the health and safety aspects of school facilities
and the provision of health information.
  S 2. Subdivision 1 of section 903 of the education law, as amended  by
chapter 376 of the laws of 2015, is 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
subdivision three of section six thousand nine hundred two of this chap-
ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
practitioner, who is authorized to practice in the jurisdiction in which
the examination was given, provided that the commissioner has determined
that  such jurisdiction has standards of licensure and practice compara-
ble 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 EXAMINATION 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 OBESI-
TY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR ANY OTHER FACTORS CONSISTENT
WITH  INCREASED  RISK MAY ALSO BE TESTED FOR DIABETES. Each such certif-
icate 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 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 a test  and  the
certificate shall state the results.
  S  3.  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:
  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-

A. 6504--A                          3

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 4. 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 MAY 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, ASTHMA, OTHER CHRONIC
RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD AND ADOLESCENCE.
  S 5. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect two  years  after  this  act
shall have become a law.