S T A T E O F N E W Y O R K
________________________________________________________________________
1521--A
2015-2016 Regular Sessions
I N S E N A T E
January 13, 2015
___________
Introduced by Sens. KLEIN, DILAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- recom-
mitted to the Committee on Education in accordance with Senate Rule 6,
sec. 8 -- 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
determine the health status of the child; to inform parents or other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05724-02-6
S. 1521--A 2
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-
ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIRATORY DISEASES.
S. 1521--A 3
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.
