S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7607--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2019
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, LIFTON, MOSLEY, FERNANDEZ, L. ROSEN-
   THAL, SAYEGH, CRUZ, WOERNER, RAMOS, D'URSO -- Multi-Sponsored by -- M.
   of A.   ENGLEBRIGHT -- read once and  referred  to  the  Committee  on
   Education  --  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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11451-02-0

 A. 7607--A                          2
 
   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.
   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.