S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7767
 
                             I N  S E N A T E
 
                             February 18, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to local  wellness  poli-
   cies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2-e to
 read as follows:
   § 2-E. MODEL WELLNESS POLICY. 1. THE COMMISSIONER  SHALL  ESTABLISH  A
 NEW YORK STATE MODEL WELLNESS POLICY. SUCH POLICY SHALL BE DEVELOPED:
   (A) IN CONSULTATION WITH STATE AGENCIES INCLUDING, BUT NOT LIMITED TO,
 THE  DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE AND MARKETS, OFFICE
 OF MENTAL HEALTH, AND OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND
   (B) ONCE THE MODEL WELLNESS POLICY IS DRAFTED, THE COMMISSIONER  SHALL
 SOLICIT  COMMENTS  AND FEEDBACK FROM EXPERTS AND STAKEHOLDERS, INCLUDING
 BUT NOT LIMITED  TO  SCHOOL  ADMINISTRATORS,  SCHOOL  BOARDS,  TEACHERS,
 PARENTS,  STUDENTS,  SCHOOL  FOOD SERVICE DIRECTORS, PHYSICIANS, NURSES,
 REGISTERED DIETITIANS, NUTRITIONISTS, MENTAL HEALTH PROFESSIONALS, COOP-
 ERATIVE EXTENSIONS, NOT-FOR-PROFIT ORGANIZATIONS,  AND  INSTITUTIONS  OF
 HIGHER EDUCATION.
   2.  THE WELLNESS POLICY ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION
 SHALL BE IN COMPLIANCE WITH ALL RELEVANT STATE AND FEDERAL LAWS, INCLUD-
 ING THE HEALTHY, HUNGER-FREE KIDS ACT OF 2010 7 CFR 210.30,  AND  REPRE-
 SENT  BEST  PRACTICES AND GUIDANCE FROM (I) THE STAKEHOLDER GROUP ESTAB-
 LISHED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND (II)  THE
 CENTERS  FOR DISEASE CONTROL AND PREVENTION'S WHOLE SCHOOL, WHOLE COMMU-
 NITY, WHOLE CHILD MODEL.
   3. ON OR BEFORE JANUARY FIRST,  TWO  THOUSAND  TWENTY-ONE,  THE  MODEL
 WELLNESS  POLICY  SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS, BOARDS OF
 COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS AND NONPUBLIC SCHOOLS.
 SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES,  CHARTER
 SCHOOLS  AND NONPUBLIC SCHOOLS MAY, BUT SHALL NOT BE REQUIRED TO, INCOR-
 PORATE ALL OR PART OF THE MODEL  POLICY  AS  A  PART  OF  THEIR  LOCALLY
 ADOPTED WELLNESS POLICY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11451-03-0

 S. 7767                             2
 
   4.  ON  OR  BEFORE  JULY  FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER
 SHALL ESTABLISH AND MAINTAIN AN ONLINE, PUBLICLY AVAILABLE AND  SEARCHA-
 BLE DATABASE OF EVERY LOCAL EDUCATIONAL AGENCIES' MOST RECENTLY REVIEWED
 WELLNESS POLICY  AND TRIENNIAL ASSESSMENT.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020; provided,
 however, that if the requirement to perform  administrative  reviews  of
 wellness  policies incorporated in 7 CFR 210.18 is repealed, subdivision
 4 of section 2-e of the education law as added by section  one  of  this
 act  shall be repealed; provided further, however, that the commissioner
 of education shall notify the legislative bill drafting commission  upon
 the  occurrence  of  the  repeal  of subdivision 4 of section 2-e of the
 education law as added by section one of this  act  in  order  that  the
 commission may maintain an accurate and timely effective database of the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.