Directs the commissioner of education to create a pilot program to improve physical education/physical activity programs in certain schools.

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S649A-2011 Actions

• Feb 10, 2012: PRINT NUMBER 649A
• Feb 10, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 22, 2011: referred to education
• Jun 22, 2011: DELIVERED TO ASSEMBLY
• Jun 22, 2011: PASSED SENATE
• Jun 22, 2011: ORDERED TO THIRD READING CAL.1492
• Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 5, 2011: REFERRED TO EDUCATION

S649A-2011 Votes

S649A-2011 Memo

BILL NUMBER:S649A

TITLE OF BILL:
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 provision upon expiration
thereof

PURPOSE:
This bill intends to provide resources for schools to implement a
physical education program that provides children with the physical
activity needed to maintain a healthy life.

SUMMARY OF PROVISIONS:
Section 1: This section of the bill sets forth the legislative
reasoning for the establishment of this pilot program.

Section 2: This section of the bill directs the commissioner of
education to establish a physical education pilot program for at
least 10 elementary, middle, or high schools with seventy-five
percent of the schools located in NYC, all to be based on select
criteria. This section also establishes the requirements of the
contractor.

Section 3: This section of the bill requires funding for the program to
be provided by the Department of Education.

JUSTIFICATION:
The United States is confronting a devastating obesity epidemic. The
primary causes of childhood obesity - lack of physical activity and
poor diet - continue to permeate youth culture and will compromise
the quality of life and increase health cost s beyond sustainable.

The statistics for adult physical activity and prevalence of disease
are worrisome, especially for New Yorkers. 26.5% of adults in New
York report that they do not engage in any physical activity compared
to the national average of 22%. More than 700,000 New York City
residents have diabetes, most of whom suffer from type 2 diabetes.

The medical cost of treating diabetics in New York City is almost half
a billion dollars a year, while the individual's quality of life and
workplace productivity is severely hampered.

New York State must supply students with the tools to achieve a
healthy life. Currently, 43% of all NYC elementary school students
are overweight or obese. Furthermore, overweight youth 10-15 years
old have an 80% chance of becoming an obese adult by age 25. At
current rates, Type 2 diabetes is expected to afflict one in three
American children born after 1999.

Physical education in the school proves remarkably successful. 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. For example,
student-teacher ratios for physical education in New York City are


an estimated 730 to 1.
This bill intends to assist schools in providing the much needed
exercise our children need to maintain an active and enjoyable life.

LEGISLATIVE HISTORY:
S.7252 of 2008 03/24/08 Referred to Education
S.125  of 2009 01/07/09 Referred to Education
               01/06/10 Referred to Education
S.649 of  2011 01/05/11 Referred to Education
06/22/11  Committee Discharged and Committed to Rules
06/22/11  Ordered to Third Reading Cal. 1492
06/22/11  Passed Senate
06/22/11  Delivered to Assembly
06/22/11  Referred to Education
01/04/12  Died in Assembly
01/04/12  Returned to Senate
01/04/12  Referred to Education

FISCAL IMPLICATIONS:
To be determined by the Commissioner of Education.

EFFECTIVE DATE:
This bill shall take effective immediately and shall be repealed on
June 30, 2014.

S649A-2011 Text

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

                                   649--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Education  --  recommitted
    to the Committee on Education in accordance with Senate Rule 6, sec. 8
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted to said committee

  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 provision 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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00259-02-2

 S. 649--A                           2

    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
  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  facility  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, 2013 and a final report
  by July 15, 2013 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 2012-2013 and 2013-2014 school years; and provided further that  the
  provisions  of this act shall expire and be deemed repealed on and after
  June 30, 2014.