S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6857

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2009
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Education

AN ACT authorizing the commissioner of the state education department to
  conduct a study and report on the  adverse  health  effects  of  heavy
  backpacks and book bags on elementary school children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and purpose. The legislature finds and
declares that elementary school children are carrying backpacks and book
bags weighing as much as forty pounds. Pediatricians  and  chiropractors
recommend  that  backpacks and book bags not exceed fifteen percent of a
child's body weight. Pediatricians, chiropractors  and  physical  thera-
pists  are seeing adverse health effects, to wit, an increased number of
children  with  spinal  column  injuries,  back  pain,  and  significant
postural  changes  from overloaded backpacks. In 1999, the United States
consumer product safety commission  found that more  than  3,400  pupils
between  5  and  14  years of age sought treatment in hospital emergency
rooms for injuries related to backpacks and book bags. The  commissioner
of  the  state  education department, in conjunction with specialists in
orthopedic medicine, shall determine  the  prevalence  of  such  adverse
health  effects  in New York state elementary school children and report
to the governor and the legislature on such findings and  determine  the
feasibility of addressing such adverse health effects.
  S  2.  The  commissioner  of  the state education department is hereby
authorized and directed to prepare or  have  prepared  a  study  of  the
adverse  effects of carrying heavy backpacks and book bags on elementary
school students. Such study shall include, but not  be  limited  to,  an
evaluation of the following issues:
  1.  the prevalence of adverse health effects on New York state elemen-
tary school children directly and indirectly  attributable  to  carrying
overloaded backpacks and book bags;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07877-01-9
              

A. 6857                             2

  2. the feasibility of addressing such adverse health effects; and
  3.  the  commissioner of the state education department's conclusions,
recommendations and proposal for implementing such recommendations.
  S 3. Such study shall be completed within twelve months of the  effec-
tive  date of this act. Upon completion, such study, conclusions, recom-
mendations and proposals for implementing such recommendations, shall be
transmitted to the director of the division of the budget, the chair  of
the  senate  finance committee, the chair of the assembly ways and means
committee, the chair of the senate higher education  committee  and  the
chair of the assembly higher education committee.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.