Bill S7715-2013

Requires the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools

Requires the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools.

Details

Actions

  • Jun 2, 2014: REFERRED TO EDUCATION

Memo

BILL NUMBER:S7715

TITLE OF BILL: An act relating to requiring the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools

PURPOSE: The goal of this bill is to ensure that school districts comply with physical instruction requirements in elementary and secondary grades by requiring the commissioner of education to survey, examine, and report about such compliance.

SUMMARY OF PROVISIONS:

Section 1: This section requires the commissioner of education to submit a report to the governor and legislature regarding schools that do not have facilities available for physical education use, schools that do not have teachers employed or designated to teach physical education, schools that do not provide legally required class time for physical education, and schools that are not in compliance with physical education requirements, along with analysis and explanation of this information and identification of the amps that the education department is taking to ensure compliance with physical education requirements in elementary and secondary grades.

Section 2: This lists the effective date.

JUSTIFICATION: This bill follows a public hearing that was held in 2003 by the Assembly Standing Committee on Education regarding compliance with required physical education classes. At the hearing, teachers, principals, and education advocates-testified about instances in which schools were not meeting physical education requirements. In addition, a survey sponsored by NYSUT found that teachers did not believe school districts to be complying with requirements, and a 2011 audit by the NYC comptroller found that no city elementary schools were in compliance with state physical education requirements. SED too did an audit of a limited number of school districts in 2008 and found that districts generally were not complying with regulations.

Schools' compliance with state regulations is essential to the health and well being of New York's children. A lack of physical activity is engendering higher obesity rates for children, manifesting itself in higher rates of diabetes, asthma, high blood pressure, and other pulmonary diseases. All of these indicators demonstrate the declining health of our young. Many studies show that unhealthy lifestyles in youth lead to much poorer health outcomes in adulthood. Regulations regarding physical education serve to ensure that students receive the amount of physical activity and learning needed to maintain their health.

By requiring the commissioner of education to report to the legislature and the governor regarding compliance with physical education requirements, and outlining the steps that SED is taking to increase compliance, we can ensure that schools are giving elementary and secondary students the physical education that they need to stay healthy.

LEGISLATIVE HISTORY: 2014 - A.8592

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7715 IN SENATE June 2, 2014 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT relating to requiring the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. a. The commissioner of education shall survey, examine and report about school district compliance with physical education instruc- tion requirements as required by laws and regulations in elementary and secondary grades in all public schools. Such report shall include but not be limited to the following information for each school district: (i) how many and which schools do not have a facility, multi-purpose room, non-classroom designated area, or other designated spaces that are adequate for physical education instruction as required by laws and regulations; (ii) how many and which schools have a facility or other space listed in paragraph (i) of this subdivision for physical education instruction do not or cannot use such space for physical education instruction and the reason or reasons why such space is not used for physical education; (iii) the maximum number of students who can receive physical educa- tion instruction at each school facility or area designated for physical education and how many students currently receive physical education instruction at each facility or designated area; (iv) how many and which elementary schools do not (A) employ a teacher or teachers certified in physical education for physical education instruction or (B) designate a teacher or teachers for physical educa- tion instruction; (v) how many and which secondary schools do not employ a certified physical education teacher for physical education instruction; (vi) how many and which schools do not provide the class time for physical education instruction as required by law and statute and the
reason or reasons why the schools do not provide appropriate time for such instruction; and (vii) how many and which schools are not in compliance with physical education instruction requirements established in laws and regulations or are in violation of any physical education related laws or regu- lations. b. On or before July 1, 2015, the commissioner of education shall report to the governor, the temporary president of the senate, the speaker of the assembly, and the chairs of the senate and assembly committees on education the findings required pursuant to subdivision a of this section including an analysis and explanation of the data and information provided in the report, and shall identify steps that the education department is taking to ensure that all public schools are in compliance with physical education instruction requirements in elementa- ry and secondary grades. S 2. This act shall take effect immediately.

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