senate Bill S2437A

Amended

Authorizes schools to screen for childhood obesity as part of their health services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 26 / Feb / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 26 / Feb / 2014
    • PRINT NUMBER 2437A
  • 29 / Apr / 2014
    • 1ST REPORT CAL.397
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 06 / May / 2014
    • AMENDED ON THIRD READING (T) 2437B
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO EDUCATION

Summary

Authorizes the screening for childhood obesity by elementary and secondary schools; requires instruction in schools on good health practices.

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Bill Details

See Assembly Version of this Bill:
A2517A
Versions:
S2437
S2437A
S2437B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§901, 903, 918, 804-a & 813, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S7113, A10259

Votes

14
2
14
Aye
2
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Education committee vote details

Sponsor Memo

BILL NUMBER:S2437A

TITLE OF BILL: An act to amend the education law, in relation to
screening for childhood obesity and instruction in good health and
reducing the incidence of obesity

PURPOSE OR GENERAL IDEA OF BILL: The incidence of childhood obesity
is a rapidly growing public health, social, and economic concern that
is adversely affecting the overall health and well-being of our next
generation of New Yorkers. In fact, acute and chronic adverse health
conditions such as diabetes, chronic coronary conditions, and
respiratory illnesses caused by obesity conditions is about to
overtake those acute and chronic adverse health conditions caused by
smoking tobacco.

This bill attempts to more fully integrate activities conducted by the
Education Department to better educate students and parents on the
important economic and health reasons for eating a balanced and
nutritious diet. In addition to teaching such Subjects in Health
class, the scientific reasons for the importance of having a balanced
diet should be presented in science classes such as biology and
chemistry. Further, the Department should more actively provide more
opportunities for physical recreational activities to foster physical
fitness and create an environment so that students are more capable to
learn because they have "burned off" energy during recess.

SUMMARY OF PROVISIONS: Section 1: Amends Education Law section 901
which relates to school health services to be provided. This section
expands the types of services that may be provided by school health
services to include examining students for the existence, in addition
to diseases or disabilities, childhood obesity as defined pursuant to
existing Education Law standards contained in section 904.

Section 2: Amends Education Law section 903 to add that school health
exams may include a diabetes risk analysis if such child has risk for
type 1 or type 2 diabetes, such as obesity, family history of type 2
diabetes, or other factors that heighten the risk of diabetes.

Section 3: Amends Education Law section 918 (4) and (5) which relates
to the formation of school district nutrition advisory committees.
Under this provision, such advisory committees can study and make
recommendations on current nutritional policies of the school district
to reduce the incidence of childhood obesity. Further, such advisory
committees can make recommendations on educational information that
can be provided to parents and guardians of students regarding healthy
nutrition and health risks associated with asthma, chronic bronchitis,
and other chronic respiratory diseases. Provided further, make
recommendations to teachers and other staff as to the dangers of
childhood obesity.

Section 4: Amends Education Law section 804-a which relates to the
comprehensive School Health Education Demonstration Program. These
demonstration programs can be established by individual schools for
the development, implementation, evaluation, validation, and
replication of exemplary comprehensive health education programs.
This bill expands this demonstration program to include conveying
knowledge to students on a host of social conditions to include in


addition to adolescent pregnancy, alcohol abuse, truancy, suicide, and
substance abuse to also include obesity, asthma, or other chronic
respiratory diseases.

Section 5: Amends Education Law section 813 to ensure that during a
primary and secondary student's lunch period that ample time is
devoted so that such student can consume his lunch and have time to
engage in physical exercise or recreation.

Section 10: Effective Date.

JUSTIFICATION: The growing prevalence of overweight and obese
children is a crisis that is facing the entire nation. Obesity related
health care expenditures in New York are some of the highest in the
nation. Further, contrary to the lower prevalence of obesity among
adults, children in New York are more likely to be obese or overweight
when compared to national trends. Obesity and overweight conditions in
individuals are leading to higher incidences of life threatening
conditions and substantial economic costs both to the State of New
York for health care costs and to employers in lost work time and
higher health care costs. Obesity in children tends to manifest itself
more widely among poorer children and children whose parents have
lower education levels.

The rising incidence of childhood obesity is a serious medical problem
that continues to grow, especially among poorer and minority
communities. Further, obesity is known to cause or exacerbate a number
of serious chronic medical disorders including hypertension,
dyslipidemia, cardiovascular disease, diabetes, and respiratory
dysfunction. Nearly 80% of patients with diabetes mellitus are obese,
while nearly 70% of diagnosed cases of cardiovascular disease are
related to obesity.

While the high prevalence of obesity and overweight conditions is an
important public health concern when it affects adults. It should be
of heightened concern that this adult affliction is now becoming more
common among children. When obesity conditions afflict children this
poses, significant quality of life detriments to such persons, reduces
the productivity of such individuals over a longer time of their life,
and hastens the onset of many chronic conditions that can hurt the
quality of life of such persons and their families.

PRIOR LEGISLATIVE HISTORY: Related to S.6423 of 2012 (Klein) that
contains a more comprehensive expansion of obesity programs to combat
obesity in adults and children. Same as S. 7113 of 2012

EFFECTIVE DATE: See relevant sections at the end of each Part of this
bill.

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

                                 2437--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by Sens. KLEIN, DILAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted 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

AN ACT to amend the education law, in relation to screening  for  child-
  hood 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:

  Section 1. Section 901 of the education law, as amended by chapter 477
of the laws of 2004, subdivision 1 as amended by section 57 of part  A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
  S 901. School  health  services  to  be  provided.  1.  School  health
services, as defined in  subdivision  two  of  this  section,  shall  be
provided  by  each school district for all students attending the public
schools in this state, except in the city school district of the city of
New York, as provided in this  article.  School  health  services  shall
include  the  services  of  a  registered  professional nurse, if one is
employed, and shall also include such services as  may  be  rendered  as
provided  in  this  article  in  examining students for the existence of
disease or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING  FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX  AND  WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE HUNDRED FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
  2. School health services for the purposes of this article shall  mean
the  several procedures, including, but not limited to, medical examina-
tions, dental inspection and/or screening, scoliosis  screening,  vision
screening  [and], audiometer tests, AND MAY INCLUDE CHILDHOOD OBESITY AS
MEASURED BY BODY MASS INDEX AND  WEIGHT  STATUS  CATEGORY,  designed  to
determine  the  health  status  of the child; to inform parents or other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00971-02-4

S. 2437--A                          2

persons in parental relation to the child, pupils and  teachers  of  the
individual  child's health condition subject to federal and state confi-
dentiality laws; to guide parents, children and teachers  in  procedures
for  preventing  and  correcting  defects  [and], diseases AND CHILDHOOD
OBESITY CONDITIONS; to instruct the school personnel  in  procedures  to
take in case of accident or illness; to survey and make necessary recom-
mendations concerning the health and safety aspects of school facilities
and the provision of health information.
  S  2. Subdivision 1 of section 903 of the education law, as separately
amended by section 11 of part B of chapter 58 and  chapter  281  of  the
laws of 2007, is amended to read as follows:
  1.  A  health  certificate  shall  be furnished by each student in the
public schools upon his or her entrance in such schools and upon his  or
her entry into the grades prescribed by the commissioner in regulations,
provided  that such regulations shall require such certificates at least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional interests of such child. Each certificate shall be  signed  by  a
duly licensed physician, physician assistant, or nurse practitioner, who
is  authorized by law to practice in this state, and consistent with any
applicable written practice agreement, or by a duly licensed  physician,
physician  assistant,  or nurse practitioner, who is authorized to prac-
tice in the jurisdiction in which the examination  was  given,  provided
that  the  commissioner has determined that such jurisdiction has stand-
ards of licensure and practice comparable to those  of  New  York.  Each
such  certificate  shall  describe the condition of the student when the
examination was made, which shall not be more than twelve  months  prior
to  the  commencement  of  the  school  year in which the examination is
required, and shall state whether such student is in a fit condition  of
health to permit his or her attendance at the public schools.  THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH  RISK  FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS ASSOCIATED WITH
TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY OTHER FACTORS CONSISTENT WITH INCREASED RISK  SHALL  BE  TESTED  FOR
DIABETES. Each such certificate shall also state the student's body mass
index  (BMI)  and weight status category.  For purposes of this section,
BMI is computed as the weight in kilograms  divided  by  the  square  of
height in meters or the weight in pounds divided by the square of height
in  inches multiplied by a conversion factor of 703. Weight status cate-
gories for children and adolescents shall be as defined by  the  commis-
sioner  of  health.  In  all  school districts such physician, physician
assistant or nurse practitioner shall determine whether a one-time  test
for  sickle  cell  anemia  is necessary or desirable and he or she shall
conduct such a test and the certificate shall state the results.
  S 3. Subdivisions 4 and 5 of section 918  of  the  education  law,  as
added  by  chapter  493  of  the  laws  of  2004, are amended to read as
follows:
  4. The committee is encouraged to study AND  MAKE  RECOMMENDATIONS  ON
all  facets  of the current nutritional policies of the district includ-
ing, but not limited to, the goals of the district to promote health and
proper nutrition, REDUCE THE INCIDENCE  OF  CHILDHOOD  OBESITY,  vending
machine  sales,  menu  criteria, educational curriculum teaching healthy
nutrition, AND educational information provided to parents or  guardians
regarding  healthy nutrition and the health risks associated with obesi-
ty, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIRATORY  DISEASES.

S. 2437--A                          3

PROVIDED,  FURTHER,  THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
PARENTAL RELATION ON opportunities offered to parents  or  guardians  to
encourage  healthier  eating  habits  to  students,  and  the  education
provided  to  teachers  and  other staff as to the importance of healthy
nutrition AND ABOUT THE DANGERS OF CHILDHOOD OBESITY.   In addition  the
committee   shall   consider  recommendations  and  practices  of  other
districts and nutrition studies.
  5. The committee is encouraged to report periodically to the  district
regarding practices that will educate teachers, parents or guardians and
children  about  healthy nutrition and raise awareness of the dangers of
CHILDHOOD obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIR-
ATORY  DISEASES.  The committee is encouraged also to provide any parent
teacher associations in the district with such findings and  recommenda-
tions.
  S  4. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
  1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
authorized  to establish a demonstration program and to distribute state
funds to local  school  districts,  boards  of  cooperative  educational
services  and  in  certain instances community school districts, for the
development, implementation, evaluation, validation,  demonstration  and
replication  of  exemplary  comprehensive  health  education programs to
assist the public schools in developing curricula, training  staff,  and
addressing local health education needs of students, parents, and staff.
SUCH  PROGRAMS MAY SERVE THE PURPOSE OF DEVELOPING AND ENHANCING PUPILS'
HEALTH KNOWLEDGE, SKILLS, ATTITUDES AND BEHAVIORS, WHICH IS  FUNDAMENTAL
TO  IMPROVING  THEIR  HEALTH STATUS AND ACADEMIC PERFORMANCE, AS WELL AS
REDUCING THE INCIDENCE OF ADOLESCENT PREGNANCY, ALCOHOL  ABUSE,  TOBACCO
ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTHMA, OTHER CHRONIC
RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD AND ADOLESCENCE.
  S  5. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
  S 813. School lunch period; scheduling.  Each school shall schedule  a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
  S 6. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect two  years  after  this  act
shall have become a law.

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