S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8789
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education
 
 AN ACT to require school district  compliance  with  physical  education
   instruction  requirements in elementary grades in public schools to be
   reported to the department of education

   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 create a procedure
 in which school district compliance with physical education  instruction
 requirements  as  required by law and regulation in elementary grades in
 all public schools is reported to the department  by  school  districts.
 Such  report  shall include but not be limited to the following informa-
 tion 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 law and regu-
 lation;
   (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 schools do not provide the class time for phys-
 ical education instruction as required by law  and  regulation  and  the

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

                                                            LBD14146-01-9

 A. 8789                             2
 
 reason  or  reasons  why the schools do not provide appropriate time for
 such instruction; and
   (vi)  how  many  and which schools are not in compliance with physical
 education instruction requirements established in law and regulation  or
 are in violation of any physical education related law or regulation.
   b.  Each  superintendent  of a school district which contains at least
 one school which is not in compliance with physical  education  instruc-
 tion  requirements established in law and regulation shall (i) prepare a
 corrective action plan to be reviewed  and  approved  by  the  board  of
 education at a public meeting; and (ii) to the extent practicable, begin
 implementation of such corrective action plan the following school year.
   c. A list of the school districts that fail to comply with the report-
 ing requirements in subdivision a of this section shall be posted on the
 department's internet website.
   d.  On  or  before  July  1, 2021, 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  made  based  on  the  information
 reported pursuant to subdivision a of this section including an analysis
 and  explanation of the data, and shall identify steps that can be taken
 to ensure that all public schools are in compliance with physical educa-
 tion instruction requirements in elementary and secondary grades.
   § 2. This act shall take effect immediately.