S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3551

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
  tee on Education

AN ACT directing the commissioner of education to create a pilot program
  to  improve  physical  education/physical activity programs in certain
  schools; and providing for the repeal of such provisions upon  expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings  and  intent.  The  United  States  is
confronting a devastating obesity epidemic. The primary causes of child-
hood  obesity  -  lack  of physical activity and poor diet - continue to
permeate youth culture and will  diminish  hundreds  of  thousands  more
lives  and  cost  billions  more  dollars  if left un-reversed. 26.5% of
adults in New York report that they do not engage in any physical activ-
ity compared to the national average of 22%. More than 700,000 New  York
City residents have diabetes, most of those suffer from type 2 diabetes,
a  devastating disease primarily caused by lack of physical activity and
poor diet. Type 2 diabetes is expected to afflict one in three  American
children  born in and after 2000. The medical cost of treating diabetics
in New York City is almost half a billion dollars a year; the human toll
and loss of workplace productivity is incalculable.    Overweight  youth
10-15 years old have an 80% chance of becoming an obese adult by age 25.
43%  of  all  NYC  elementary  school  students are overweight or obese.
Student-teacher ratios for physical education in New York  City  are  an
estimated  730  to  1.  While  New  York state requires physical fitness
education in schools, many schools have  difficulties  implementing  the
requirements due to limited resources in funding and/or space.
  S 2. (a) The commissioner of education is hereby directed to establish
a  physical education/physical activity pilot program. The department of
education shall select at least ten public elementary,  middle  or  high
schools in the state to participate in a two year pilot program aimed at

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00888-01-5
              

A. 3551                             2

improving  physical  education  and  physical  activity programs in such
schools. The department may expand such  program  to  additional  public
schools  upon request and available funding. Seventy-five percent of the
schools  selected  shall  be  located  in  the  city of New York and the
remaining shall be selected based upon the criteria set  forth  in  this
act.  Each participating school shall be required to provide at least 45
minutes per week of a combination of  physical  education  and  physical
activity  for each student. A pilot school shall not be penalized in any
manner if a reasonable attempt has been made to provide the  program  to
each student.
  (b)  The  program  shall  be  administered  through a contract with an
outside entity that is able to provide:
  (1) a minimum of 45 minutes of activity per week for each student;
  (2) a proven track record of effectiveness;
  (3) flexibility in providing services, either before, during or  after
school hours;
  (4) physical education, in addition to nutrition and health education;
  (5) a system of accountability and transparency;
  (6) on-going support and training services; and
  (7) incentives and awards for good performance for individuals, class-
es and schools.
  (c)  The  pilot  program established by this act may be run in coordi-
nation with the  Road  Runner  Mighty  Milers  program,  a  school-based
program  combining  daily aerobic activities with personalized goal-set-
ting, nutrition, academic, and  health  education  components  available
at-site  and  on-line,  established by the New York Road Runners Founda-
tion.
  (d) The education department may accept applications for participation
in the pilot program from schools meeting the following criteria:
  (1) at least 50% of the students qualify for federal free and  reduced
lunches;
  (2) the school has demonstrated limited facilities and/or resources to
implement a physical education program; and
  (3)  the school will be able to provide a "site coordinator" including
but not limited to a member of the faculty or member of a parent/teacher
organization.
  (e) The department of education shall conduct  an  evaluation  of  the
pilot  program which may be done in collaboration with an outside entity
and shall report preliminary findings by May 15, 2017 and a final report
by July 15, 2017 to the governor and the legislature.
  S 3.  Funding  for  the  physical  education/physical  activity  pilot
program  shall  be  provided through appropriations to the department of
education.
  S 4. This act shall take effect immediately; provided that  the  pilot
program  established by section two of this act shall be administered in
the 2015-2016 and 2016-2017 school years; and provided further that  the
provisions  of this act shall expire and be deemed repealed on and after
June 30, 2017.