A10259-2011 Actions

• May 16, 2012: referred to education

A10259-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10259
 I N  ASSEMBLY
 May 16, 2012
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
 on Education
 AN  ACT  to amend the education law, in relation to screening for child
 hood 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 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  confidentiality
 laws; to guide parents, children and teachers in procedures for prevent
 ing  and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI
 TIONS; to instruct the school personnel in procedures to take in case of
 accident or  illness;  to  survey  and  make  necessary  recommendations
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13426-12-2
 
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 concerning  the  health  and safety aspects of school facilities and the
 provision of health information.
 

S  2.  Subdivisions 1, 3 and 4 of section 903 of the education law, as
 amended by chapter 281 of the laws of 2007, subdivision 1 as  separately
 amended  by  section  11 of part B of chapter 58 of the laws of 2007 and
 paragraph a of subdivision 3 as amended by section 28 of part A of chap
 ter 58 of the laws of 2008, are 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 SHALL 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.
 3.  a. Within thirty days after the student's entrance in such schools
 or grades, the health certificate shall be submitted to the principal or
 his or her designee and shall  be  filed  in  the  student's  cumulative
 health  record. If such student does not present a health certificate as
 required in this section, unless he or  she  has  been  accommodated  on
 religious grounds, the principal or the principal's designee shall cause
 a notice to be sent to the parents or person in parental relationship to
 such  student  that  if the required health certificate is not furnished
 within thirty days from the date of such notice, an examination will  be
 made  of  such  student,  as  provided  in this article. Each school and
 school district [chosen as part of an appropriate sampling  methodology]
 shall  participate  in  surveys  directed  by the commissioner of health
 pursuant to the public health law  in  relation  to  students'  BMI  and
 weight  status  categories  as reported on the school health certificate
 and which shall be subject to audit by the commissioner of health.  Such
 
       A. 10259                            3
 surveys  shall  contain the information required pursuant to subdivision
 one of this section in relation to students' BMI and weight status cate
 gories in aggregate. Parents or other persons in parental relation to  a
 student  may refuse to have the student's BMI and weight status category
 included in such survey.  Each school and school district shall  provide
 the  commissioner of health with any information, records and reports he
 or she may require for the purpose of such audit.  The  BMI  and  weight
 status  survey  and  audit  as  described  in  this subdivision shall be
 conducted consistent with confidentiality requirements imposed by feder
 al law.
 b. Within thirty days after the student's entrance in such schools  or
 grades,  the  dental  health certificate, if obtained, shall be filed in
 the student's cumulative health record.
 4. Notwithstanding the provisions of subdivisions one, two  and  three
 of  this  section,  no  examinations  for a health certificate or health
 history shall be  required  or  dental  certificate  requested,  and  no
 screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
 be required where a student or the parent or person in parental relation
 to such student objects thereto on the grounds that such examinations or
 health  history  conflict  with  their  genuine  and  sincere  religious
 beliefs.
 

S 3. Subdivision 1 of section 904 of the education law, as amended  by
 section  12  of  part B of chapter 58 of the laws of 2007, is amended to
 read as follows:

 1. Each principal of a public school, or his or  her  designee,  shall
 report  to  the  director  of school health services having jurisdiction
 over such school, the names of  all  students  who  have  not  furnished
 health  certificates  as  provided in section nine hundred three of this
 article, or who are children with disabilities, as  defined  by  article
 eighty-nine  of this chapter, and the director of school health services
 shall cause such students to be separately and  carefully  examined  and
 tested  to ascertain whether any student has defective sight or hearing,
 or any other physical disability which may tend to prevent  him  or  her
 from  receiving  the  full  benefit  of school work, or from requiring a
 modification of such work to prevent  injury  to  the  student  or  from
 receiving  the  best  educational results.   Each examination shall also
 include a calculation of 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  tests  and  the
 certificate  shall  state the results. If it should be ascertained, upon
 such test or examination, that any of such students have defective sight
 or hearing[,]  or  other  physical  disability,  including  sickle  cell
 anemia,  as  above  described, OR ARE OBESE, the principal or his or her
 designee shall notify the parents  of,  or  other  persons  in  parental
 relation  to,  the  child as to the existence of such disability. If the
 parents or other persons in parental relation are unable or unwilling to
 provide the necessary relief and treatment for such students, such  fact
 shall  be reported by the principal or his or her designee to the direc
 tor of school health services, whose duty it shall be to provide  relief
 for such students. Each school and school district [chosen as part of an
 
       A. 10259                            4
 appropriate  sampling methodology] shall participate in surveys directed
 by the commissioner of health pursuant  to  the  public  health  law  in
 relation  to students' BMI and weight status categories as determined by
 the  examination  conducted  pursuant to this section and which shall be
 subject to audit by the  commissioner  of  health.  Such  surveys  shall
 contain  the  information  required  pursuant  to  this  subdivision  in
 relation to students' BMI and weight  status  categories  in  aggregate.
 [Parents  or  other persons in parental relation to a student may refuse
 to have the student's BMI and weight status category  included  in  such
 survey.]  Each school and school district shall provide the commissioner
 of health with any information,  records  and  reports  he  or  she  may
 require  for the purpose of such audit. The BMI and weight status survey
 and audit as described in this section  shall  be  conducted  consistent
 with   confidentiality   requirements  imposed  by  federal  law.  [Data
 collection for such surveys shall commence on a voluntary basis  at  the
 beginning  of  the  two  thousand seven academic school year, and by all
 schools chosen as part of the sampling methodology at the  beginning  of
 the  two thousand eight academic school year.] The department shall also
 utilize the collected data to develop a  report  of  child  obesity  and
 obesity related diseases.
 

S  4. 

Section  912 of the education law, as amended by chapter 477 of
 the laws of 2004, is amended to read as follows:

 

S 912. Health and welfare services to all children. The voters  and/or
 trustees  or  board  of  education  of every school district shall, upon
 request of the authorities of a school other than public, provide  resi
 dent  children  who attend such school with any or all of the health and
 welfare services and facilities which are made available by such  voters
 and/or  trustees  or board of education to or for children attending the
 public schools of the district. Such services may include, but  are  not
 limited  to  all services performed by a physician, physician assistant,
 dentist, dental hygienist, registered professional nurse, nurse  practi
 tioner, school psychologist, school social worker or school speech ther
 apist,  and  may  also  include  dental  prophylaxis, vision and hearing
 screening examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking  of
 medical  histories and the administration of health screening tests, the
 maintenance of cumulative health records and the administration of emer
 gency care programs for ill or injured students. Any  such  services  or
 facilities  shall  be  so  provided notwithstanding any provision of any
 charter or other provision of law inconsistent herewith. Where  children
 residing  in  one  school  district  attend  a  school other than public
 located in another  school  district,  the  school  authorities  of  the
 district  of residence shall contract with the school authorities of the
 district where such nonpublic school is located, for  the  provision  of
 such  health and welfare services and facilities to such children by the
 school district where such nonpublic school is located, for a  consider
 ation  to  be  agreed  upon  between  the  school  authorities  of  such
 districts, subject to the  approval  of  the  qualified  voters  of  the
 district  of  residence when required under the provisions of this chap
 ter. Every such contract shall be in writing and in the form  prescribed
 by the commissioner, and before such contract is executed the same shall
 be submitted for approval to the superintendent of schools having juris
 diction  over  such  district  of  residence and such contract shall not
 become effective until approved by such superintendent.
 

S 5. 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:

 
       A. 10259                            5
 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
 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 6. Subdivisions 1 and 5 of section 803  of  the  education  law,  as
 amended  by  chapter  118  of  the  laws of 1957, are amended to read as
 follows:

 1. All pupils above the age of  eight  years  in  all  elementary  and
 secondary  schools,  shall  receive as part of the prescribed courses of
 instruction therein such physical education under the direction  of  the
 commissioner  of  education  as  the regents may determine. Such courses
 shall be designed to aid in the well-rounded education of pupils and  in
 the  development  of  character,  citizenship, OVERALL physical fitness,
 GOOD health [and], the worthy use of leisure AND THE  REDUCTION  IN  THE
 INCIDENCE  OF  CHILDHOOD  OBESITY.   Pupils above such age attending the
 public schools shall be required to attend upon such prescribed  courses
 of instruction.
 5.  (A) It shall be the duty of the regents to adopt rules determining
 the subjects to be included in courses of  physical  education  provided
 for  in this section, the period of instruction in each of such courses,
 the qualifications of teachers, and the attendance upon such courses  of
 instruction.
 (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE REGENTS
 MAY PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION  INSTRUCTION
 REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
 GRADES  SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR ACTIV
 ITY, INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN  ALTERNA
 TIVE  EDUCATION  PROGRAMS.  THE  REGENTS  MAY  INCLUDE IN ITS RULES THAT
 STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC
 IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM  OF  ONE
 HUNDRED  TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE
 FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN
 TARY SCHOOLS IN ITS RULES.
 

S 7. The section heading and subdivision  1  of  section  804  of  the
 education law, the section heading as amended by chapter 401 of the laws
 of  1998  and subdivision 1 as added by chapter 982 of the laws of 1977,
 are amended and a new subdivision 3-b is added to read as follows:

 
       A. 10259                            6
 Health  education  regarding  alcohol,  drugs,  tobacco   abuse,   THE
 REDUCTION  IN THE INCIDENCE OF OBESITY, and the prevention and detection
 of certain cancers. 1. All schools shall include, as an integral part of
 health, SCIENCE AND PHYSICAL education, instruction so as to  discourage
 the  misuse  and abuse of alcohol, tobacco[,] and other drugs, TO REDUCE
 THE INCIDENCE OF  OBESITY,  and  promote  attitudes  and  behavior  that
 enhance health, well being, and human dignity.
 3-B.  INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED WITH
 OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
 INCLUDING GOOD NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION  MAY  BE
 AN  INTEGRAL  PART  OF  REQUIRED  HEALTH, SCIENCE AND PHYSICAL EDUCATION
 COURSES.
 

S 8. 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 SHALL  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,  ASTH
 MA,  OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD
 AND ADOLESCENCE.
 

S 9.

Section 813 of the education law, as added by chapter 296 of  the
 laws of 1994, is amended to read as follows:

 

S 813. School  lunch period; scheduling.  Each school shall schedule a
 reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
 pre-kindergarten through grade twelve WITH AMPLE TIME to  consume  lunch
 AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
 

S  10.  This  act  shall take effect immediately, except that sections
 one, two, three, four and five of this act shall take effect  two  years
 after this act shall have become a law.

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