Bill Text: NY A02880 | 2013-2014 | General Assembly | Amended
Bill Title: Requires instruction in physical education in certain elementary and secondary schools.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2014-01-08 - referred to education [A02880 Detail]
Download: New_York-2013-A02880-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2880--A 2013-2014 Regular Sessions I N A S S E M B L Y January 18, 2013 ___________ Introduced by M. of A. ORTIZ, GALEF, MORELLE, PAULIN, BENEDETTO, ENGLE- BRIGHT, CLARK, BOYLAND, COOK -- Multi-Sponsored by -- M. of A. BREN- NAN, GOTTFRIED, HEASTIE, JACOBS, LENTOL, LIFTON, LUPARDO, MAGNARELLI, MILLMAN, RIVERA, ROBINSON, SWEENEY, TITUS, WEISENBERG, WRIGHT -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to requiring instruction in physical education in certain elementary and secondary schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. (i) The legislature hereby finds and 2 declares that the health and physical activity of its children and youth 3 are and have been a long-standing health objective of the state. Against 4 a background of epidemic levels of child obesity, in which at least 1 5 out of 3 children is now considered overweight or obese, physical educa- 6 tion has become even more particularly important in the role it plays in 7 the state's health objectives for its children and youths. 8 (ii) According to the Centers for Disease Control and Prevention 9 (CDC), the academic success of America's youth is strongly linked with 10 their health. Furthermore, the CDC has studied and documented that 11 students who engage in sixty minutes or more of physical activity five 12 or more days per week do better in school. Research also indicates that 13 obese children and youth have higher absenteeism and lower reading 14 proficiency scores than their non-obese peers. 15 (iii) Although it may be correlation and not causation, many kids are 16 spending less time exercising and more time in front of the TV, comput- 17 er, or video-game console. And today's busy families have fewer free 18 moments to prepare nutritious, home-cooked meals. From fast food to 19 electronics, quick and easy is the reality for many people in the new 20 millennium. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06859-02-3 A. 2880--A 2 1 (iv) Our schools are uniquely positioned to meet children's and 2 youth's physical activity needs. Physical education can be the corner- 3 stone of building healthier student bodies, healthier neighborhoods and 4 higher achievement. This is true in physical education's role as an 5 integral part of a school's instruction, health education classes, 6 elementary and secondary school recess, after-school activity clubs, 7 intramural or interscholastic programs. Taken together, these sorts of 8 activities can raise children's and youth's self-esteem, physical compe- 9 tence, and open new careers and activities to them. 10 (v) The legislature finds and declares therefore that mandatory phys- 11 ical education in schools is a key part of protecting the health of our 12 children and youth, the adults into which they will grow, and an impor- 13 tant tool in preventing the myriad diseases plaguing New York that 14 derive from child obesity and lack of physical activity. 15 S 2. Subdivision 5 of section 803 of the education law, as amended by 16 chapter 118 of the laws of 1957, is amended to read as follows: 17 5. (A) It shall be the duty of the regents to adopt rules determining 18 the subjects to be included in courses of physical education provided 19 for in this section, the period of instruction in each of such courses, 20 the qualifications of teachers, and the attendance upon such courses of 21 instruction. 22 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE REGENTS 23 SHALL PROVIDE IN ITS RULES THAT THE PHYSICAL EDUCATION INSTRUCTION 24 REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL 25 GRADES IN CITIES WITH A POPULATION OF ONE MILLION OR MORE SHALL, WHERE 26 FEASIBLE, INCLUDE MANDATORY DAILY PHYSICAL EDUCATION, INCLUDING STUDENTS 27 WITH DISABLING CONDITIONS AND THOSE IN ALTERNATIVE EDUCATION PROGRAMS. 28 THE REGENTS SHALL INCLUDE IN ITS RULES THAT STUDENTS ENROLLED IN SUCH 29 ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTICIPATE IN PHYSICAL EDUCATION 30 FOR A MINIMUM OF ONE HUNDRED FIFTY MINUTES DURING EACH SCHOOL WEEK. THE 31 REGENTS SHALL PROVIDE FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYS- 32 ICAL EDUCATION IN ELEMENTARY SCHOOLS IN ITS RULES. 33 S 3. This act shall take effect immediately; provided, however, the 34 two-year phase-in required by subdivision 5 of section 803 of the educa- 35 tion law as amended by section two of this act shall be completed no 36 later than July 1, 2016.