senate Bill S7715

Requires the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools

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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

  • 02 / Jun / 2014
    • REFERRED TO EDUCATION

Summary

Requires the commissioner of education to survey, examine and report about school district compliance with physical education instruction requirements in elementary and secondary grades in public schools.

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Bill Details

See Assembly Version of this Bill:
A8592
Versions:
S7715
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education, Commissioner of

Sponsor Memo

BILL NUMBER:S7715

TITLE OF BILL: An act relating to requiring the commissioner of
education to survey, examine and report about school district
compliance with physical education instruction requirements in
elementary and secondary grades in public schools

PURPOSE: The goal of this bill is to ensure that school districts
comply with physical instruction requirements in elementary and
secondary grades by requiring the commissioner of education to survey,
examine, and report about such compliance.

SUMMARY OF PROVISIONS:

Section 1: This section requires the commissioner of education to
submit a report to the governor and legislature regarding schools that
do not have facilities available for physical education use, schools
that do not have teachers employed or designated to teach physical
education, schools that do not provide legally required class time for
physical education, and schools that are not in compliance with
physical education requirements, along with analysis and explanation
of this information and identification of the amps that the education
department is taking to ensure compliance with physical education
requirements in elementary and secondary grades.

Section 2: This lists the effective date.

JUSTIFICATION: This bill follows a public hearing that was held in
2003 by the Assembly Standing Committee on Education regarding
compliance with required physical education classes. At the hearing,
teachers, principals, and education advocates-testified about
instances in which schools were not meeting physical education
requirements. In addition, a survey sponsored by NYSUT found that
teachers did not believe school districts to be complying with
requirements, and a 2011 audit by the NYC comptroller found that no
city elementary schools were in compliance with state physical
education requirements. SED too did an audit of a limited number of
school districts in 2008 and found that districts generally were not
complying with regulations.

Schools' compliance with state regulations is essential to the health
and well being of New York's children. A lack of physical activity is
engendering higher obesity rates for children, manifesting itself in
higher rates of diabetes, asthma, high blood pressure, and other
pulmonary diseases. All of these indicators demonstrate the declining
health of our young. Many studies show that unhealthy lifestyles in
youth lead to much poorer health outcomes in adulthood. Regulations
regarding physical education serve to ensure that students receive the
amount of physical activity and learning needed to maintain their
health.

By requiring the commissioner of education to report to the
legislature and the governor regarding compliance with physical
education requirements, and outlining the steps that SED is taking to
increase compliance, we can ensure that schools are giving elementary
and secondary students the physical education that they need to stay
healthy.


LEGISLATIVE HISTORY: 2014 - A.8592

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7715

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT relating to requiring the commissioner of  education  to  survey,
  examine  and  report  about  school  district compliance with physical
  education instruction requirements in elementary and secondary  grades
  in public schools

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

  Section 1. a. The commissioner of education shall survey, examine  and
report about school district compliance with physical education instruc-
tion  requirements as required by laws and regulations in elementary and
secondary grades in all public schools. Such report  shall  include  but
not be limited to the following information for each school district:
  (i)  how  many and which schools do not have a facility, multi-purpose
room, non-classroom designated area, or other designated spaces that are
adequate for physical education instruction  as  required  by  laws  and
regulations;
  (ii)  how many and which schools have a facility or other space listed
in paragraph (i) of this subdivision for physical education  instruction
do  not  or cannot use such space for physical education instruction and
the reason or reasons why such space is not used for physical education;
  (iii) the maximum number of students who can receive  physical  educa-
tion instruction at each school facility or area designated for physical
education  and  how  many  students currently receive physical education
instruction at each facility or designated area;
  (iv) how many and which elementary schools do not (A) employ a teacher
or teachers certified  in  physical  education  for  physical  education
instruction  or  (B) designate a teacher or teachers for physical educa-
tion instruction;
  (v) how many and which secondary schools do  not  employ  a  certified
physical education teacher for physical education instruction;
  (vi)  how  many  and  which  schools do not provide the class time for
physical education instruction as required by law and  statute  and  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13470-01-4

S. 7715                             2

reason  or  reasons  why the schools do not provide appropriate time for
such instruction; and
  (vii)  how  many and which schools are not in compliance with physical
education instruction requirements established in laws  and  regulations
or  are  in  violation  of  any physical education related laws or regu-
lations.
  b. On or before July 1, 2015,  the  commissioner  of  education  shall
report  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, and the  chairs  of  the  senate  and  assembly
committees  on education the findings required pursuant to subdivision a
of this section including an analysis and explanation of  the  data  and
information  provided  in  the report, and shall identify steps that the
education department is taking to ensure that all public schools are  in
compliance with physical education instruction requirements in elementa-
ry and secondary grades.
  S 2. This act shall take effect immediately.

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