Bill Text: NY S03344 | 2015-2016 | General Assembly | Amended
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 (Republican 1-0)
Status: (Vetoed) 2016-11-28 - VETOED MEMO.268 [S03344 Detail]
Download: New_York-2015-S03344-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3344--B 2015-2016 Regular Sessions IN SENATE February 5, 2015 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. LBD02363-06-6S. 3344--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.