Bill Text: NY S00649 | 2011-2012 | General Assembly | Introduced
Bill Title: Directs the commissioner of education to create a pilot program to improve physical education/physical activity programs in certain schools.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2012-02-10 - PRINT NUMBER 649A [S00649 Detail]
Download: New_York-2011-S00649-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 649 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee 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 provision upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The United States is 2 confronting a devastating obesity epidemic. The primary causes of child- 3 hood obesity - lack of physical activity and poor diet - continue to 4 permeate youth culture and will diminish hundreds of thousands more 5 lives and cost billions more dollars if left un-reversed. 26.5% of 6 adults in New York report that they do not engage in any physical activ- 7 ity compared to the national average of 22%. More than 700,000 New York 8 City residents have diabetes, most of those suffer from type 2 diabetes, 9 a devastating disease primarily caused by lack of physical activity and 10 poor diet. Type 2 diabetes is expected to afflict one in three American 11 children born in and after 2000. The medical cost of treating diabetics 12 in New York City is almost half a billion dollars a year; the human toll 13 and loss of workplace productivity is incalculable. Overweight youth 14 10-15 years old have an 80% chance of becoming an obese adult by age 25. 15 43% of all NYC elementary school students are overweight or obese. 16 Student-teacher ratios for physical education in New York City are an 17 estimated 730 to 1. While New York state requires physical fitness 18 education in schools, many schools have difficulties implementing the 19 requirements due to limited resources in funding and/or space. 20 S 2. (a) The commissioner of education is hereby directed to establish 21 a physical education/physical activity pilot program. The department of 22 education shall select at least ten public elementary, middle or high EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00259-01-1 S. 649 2 1 schools in the state to participate in a two year pilot program aimed at 2 improving physical education and physical activity programs in such 3 schools. The department may expand such program to additional public 4 schools upon request and available funding. Seventy-five percent of the 5 schools selected shall be located in the city of New York and the 6 remaining shall be selected based upon the criteria set forth in this 7 act. Each participating school shall be required to provide at least 45 8 minutes per week of a combination of physical education and physical 9 activity for each student. A pilot school shall not be penalized in any 10 manner if a reasonable attempt has been made to provide the program to 11 each student. 12 (b) The program shall be administered through a contract with an 13 outside entity that is able to provide: 14 (1) a minimum of 45 minutes of activity per week for each student; 15 (2) a proven track record of effectiveness; 16 (3) flexibility in providing services, either before, during or after 17 school hours; 18 (4) physical education, in addition to nutrition and health education; 19 (5) a system of accountability and transparency; 20 (6) on-going support and training services; and 21 (7) incentives and awards for good performance for individuals, class- 22 es and schools. 23 (c) The pilot program established by this act may be run in coordi- 24 nation with the Road Runner Mighty Milers program, a school-based 25 program combining daily aerobic activities with personalized goal-set- 26 ting, nutrition, academic, and health education components available 27 at-site and on-line, established by the New York Road Runners Founda- 28 tion. 29 (d) The education department may accept applications for participation 30 in the pilot program from schools meeting the following criteria: 31 (1) at least 50% of the students qualify for federal free and reduced 32 lunches; 33 (2) the school has demonstrated limited facilities and/or resources to 34 implement a physical education program; and 35 (3) the school will be able to provide a "site coordinator" including 36 but not limited to a member of the facility or member of a 37 parent/teacher organization. 38 (e) The department of education shall conduct an evaluation of the 39 pilot program which may be done in collaboration with an outside entity 40 and shall report preliminary findings by May 15, 2012 and a final report 41 by July 15, 2012 to the governor and the legislature. 42 S 3. Funding for the physical education/physical activity pilot 43 program shall be provided through appropriations to the department of 44 education. 45 S 4. This act shall take effect immediately; provided that the pilot 46 program established by section two of this act shall be administered in 47 the 2011-2012 and 2012-2013 school years; and provided further that the 48 provisions of this act shall expire and be deemed repealed on and after 49 June 30, 2013.