Bill Text: NY A03880 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires school district compliance with physical education instruction requirements in elementary grades in public schools to be reported to the department of education.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2016-06-15 - substituted by s3344b [A03880 Detail]

Download: New_York-2015-A03880-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3880--B
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2015
                                       ___________
        Introduced by M. of A. NOLAN, FAHY, MAYER, SOLAGES, GALEF -- Multi-Spon-
          sored  by  -- M.  of A. STECK, THIELE -- read once and referred to the
          Committee on Education -- recommitted to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on  Ways  and  Means  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to require school district  compliance  with  physical  education
          instruction  requirements in elementary grades in public schools to be
          reported to the department of education
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  a. The commissioner of education shall create a procedure
     2  in which school district compliance with physical education  instruction
     3  requirements  as  required by law and regulation in elementary grades in
     4  all public schools is reported to the department  by  school  districts.
     5  Such  report  shall include but not be limited to the following informa-
     6  tion for each school district:
     7    (i) how many and which schools do not have a  facility,  multi-purpose
     8  room, non-classroom designated area, or other designated spaces that are
     9  adequate for physical education instruction as required by law and regu-
    10  lation;
    11    (ii)  how many and which schools have a facility or other space listed
    12  in paragraph (i) of this subdivision for physical education  instruction
    13  do  not  or cannot use such space for physical education instruction and
    14  the reason or reasons why such space is not used for physical education;
    15    (iii) the maximum number of students who can receive  physical  educa-
    16  tion instruction at each school facility or area designated for physical
    17  education  and  how  many  students currently receive physical education
    18  instruction at each facility or designated area;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02363-05-6
        A. 3880--B                          2
     1    (iv) how many and which elementary schools do not (A) employ a teacher
     2  or teachers certified  in  physical  education  for  physical  education
     3  instruction  or  (B) designate a teacher or teachers for physical educa-
     4  tion instruction;
     5    (v) how many and which schools do not provide the class time for phys-
     6  ical  education  instruction  as  required by law and regulation and the
     7  reason or reasons why the schools do not provide  appropriate  time  for
     8  such instruction; and
     9    (vi)  how  many  and which schools are not in compliance with physical
    10  education instruction requirements established in law and regulation  or
    11  are in violation of any physical education related law or regulation.
    12    b.  Each  superintendent  of a school district which contains at least
    13  one school which is not in compliance with physical  education  instruc-
    14  tion  requirements established in law and regulation shall (i) prepare a
    15  corrective action plan to be reviewed  and  approved  by  the  board  of
    16  education at a public meeting; and (ii) to the extent practicable, begin
    17  implementation of such corrective action plan the following school year.
    18    c. A list of the school districts that fail to comply with the report-
    19  ing requirements in subdivision a of this section shall be posted on the
    20  department's internet website.
    21    d.  On  or  before  July  1, 2017, the commissioner of education shall
    22  report to the governor, the  temporary  president  of  the  senate,  the
    23  speaker  of  the  assembly,  and  the  chairs of the senate and assembly
    24  committees on education the  findings  made  based  on  the  information
    25  reported pursuant to subdivision a of this section including an analysis
    26  and  explanation of the data, and shall identify steps that can be taken
    27  to ensure that all public schools are in compliance with physical educa-
    28  tion instruction requirements in elementary and secondary grades.
    29    § 2. This act shall take effect immediately.