Bill Text: NY S02724 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides student health certificates may include a diabetes risk analysis; amends provisions relating to school district nutrition advisory committees.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-06-12 - SUBSTITUTED BY A5151B [S02724 Detail]
Download: New_York-2017-S02724-Amended.html
Bill Title: Provides student health certificates may include a diabetes risk analysis; amends provisions relating to school district nutrition advisory committees.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-06-12 - SUBSTITUTED BY A5151B [S02724 Detail]
Download: New_York-2017-S02724-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2724--A Cal. No. 830 2017-2018 Regular Sessions IN SENATE January 17, 2017 ___________ Introduced by Sens. KLEIN, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third read- ing AN ACT to amend the education law, in relation to childhood obesity and instruction in good health and reducing the incidence of obesity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 901 of the education law, as amended by chapter 477 2 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1 3 of chapter 58 of the laws of 2006, is amended to read as follows: 4 § 901. School health services to be provided. 1. School health 5 services, as defined in subdivision two of this section, shall be 6 provided by each school district for all students attending the public 7 schools in this state, except in the city school district of the city of 8 New York, as provided in this article. School health services shall 9 include the services of a registered professional nurse, if one is 10 employed, and shall also include such services as may be rendered as 11 provided in this article in examining students for the existence of 12 disease or disability, or may include services related to examining for 13 childhood obesity conditions pursuant to subdivision one of section nine 14 hundred four of this article, and in testing the eyes and ears of such 15 students. 16 2. School health services for the purposes of this article shall mean 17 the several procedures, including, but not limited to, medical examina- 18 tions, dental inspection and/or screening, scoliosis screening, vision 19 screening [and], audiometer tests, and may include childhood obesity 20 measurements as provided for in subdivision one of section nine hundred 21 four of this article, designed to determine the health status of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08192-02-7S. 2724--A 2 1 child; to inform parents or other persons in parental relation to the 2 child, pupils and teachers of the individual child's health condition 3 subject to federal and state confidentiality laws; to guide parents, 4 children and teachers in procedures for preventing and correcting 5 defects [and], diseases and childhood obesity conditions; to instruct 6 the school personnel in procedures to take in case of accident or 7 illness; to survey and make necessary recommendations concerning the 8 health and safety aspects of school facilities and the provision of 9 health information. 10 § 2. Subdivision 1 of section 903 of the education law, as amended by 11 chapter 376 of the laws of 2015, is amended to read as follows: 12 1. A health certificate shall be furnished by each student in the 13 public schools upon his or her entrance in such schools and upon his or 14 her entry into the grades prescribed by the commissioner in regulations, 15 provided that such regulations shall require such certificates at least 16 twice during the elementary grades and twice in the secondary grades. An 17 examination and health history of any child may be required by the local 18 school authorities at any time in their discretion to promote the educa- 19 tional interests of such child. Each certificate shall be signed by a 20 duly licensed physician, physician assistant, or nurse practitioner, who 21 is authorized by law to practice in this state, and consistent with 22 subdivision three of section six thousand nine hundred two of this chap- 23 ter, or by a duly licensed physician, physician assistant, or nurse 24 practitioner, who is authorized to practice in the jurisdiction in which 25 the examination was given, provided that the commissioner has determined 26 that such jurisdiction has standards of licensure and practice compara- 27 ble to those of New York. Each such certificate shall describe the 28 condition of the student when the examination was made, which shall not 29 be more than twelve months prior to the commencement of the school year 30 in which the examination is required, and shall state whether such 31 student is in a fit condition of health to permit his or her attendance 32 at the public schools. The examination may include a diabetes risk 33 analysis and, if necessary, children with risk factors for type 1 34 diabetes, or risk factors associated with type 2 diabetes such as obesi- 35 ty, a family history of type 2 diabetes, or any other factors consistent 36 with increased risk may also be tested for diabetes. Each such certif- 37 icate shall also state the student's body mass index (BMI) and weight 38 status category. For purposes of this section, BMI is computed as the 39 weight in kilograms divided by the square of height in meters or the 40 weight in pounds divided by the square of height in inches multiplied by 41 a conversion factor of 703. Weight status categories for children and 42 adolescents shall be as defined by the commissioner of health. In all 43 school districts such physician, physician assistant or nurse practi- 44 tioner shall determine whether a one-time test for sickle cell anemia is 45 necessary or desirable and he or she shall conduct such a test and the 46 certificate shall state the results. 47 § 3. Subdivisions 4 and 5 of section 918 of the education law, as 48 added by chapter 493 of the laws of 2004, are amended to read as 49 follows: 50 4. The committee is encouraged to study and make recommendations on 51 all facets of the current nutritional policies of the district includ- 52 ing, but not limited to, the goals of the district to promote health and 53 proper nutrition, reduce the incidence of childhood obesity, vending 54 machine sales, menu criteria, educational curriculum teaching healthy 55 nutrition, and educational information provided to parents or guardians 56 regarding healthy nutrition and the health risks associated with obesi-S. 2724--A 3 1 ty, asthma, chronic bronchitis and other chronic respiratory diseases. 2 Provided, further, the committee may provide information to persons in 3 parental relation on opportunities offered to parents or guardians to 4 encourage healthier eating habits to students, and the education 5 provided to teachers and other staff as to the importance of healthy 6 nutrition and about the dangers of childhood obesity. In addition the 7 committee shall consider recommendations and practices of other 8 districts and nutrition studies. 9 5. The committee is encouraged to report periodically to the district 10 regarding practices that will educate teachers, parents or guardians and 11 children about healthy nutrition and raise awareness of the dangers of 12 childhood obesity, asthma, chronic bronchitis and other chronic respir- 13 atory diseases. The committee is encouraged also to provide any parent 14 teacher associations in the district with such findings and recommenda- 15 tions. 16 § 4. Subdivision 1 of section 804-a of the education law, as added by 17 chapter 730 of the laws of 1986, is amended to read as follows: 18 1. Within the amounts appropriated, the commissioner is hereby 19 authorized to establish a demonstration program and to distribute state 20 funds to local school districts, boards of cooperative educational 21 services and in certain instances community school districts, for the 22 development, implementation, evaluation, validation, demonstration and 23 replication of exemplary comprehensive health education programs to 24 assist the public schools in developing curricula, training staff, and 25 addressing local health education needs of students, parents, and staff. 26 Such programs may serve the purpose of developing and enhancing pupils' 27 health knowledge, skills, attitudes and behaviors, which is fundamental 28 to improving their health status and academic performance, as well as 29 reducing the incidence of adolescent pregnancy, alcohol abuse, tobacco 30 abuse, truancy, suicide, substance abuse, obesity, asthma, other chronic 31 respiratory diseases, and other problems of childhood and adolescence. 32 § 5. This act shall take effect immediately, except that sections one, 33 two and three of this act shall take effect two years after this act 34 shall have become a law.
