S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5159
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. BENEDETTO, FERNANDEZ, L. ROSENTHAL, SAYEGH, CRUZ,
   WOERNER,  RAMOS, BUTTENSCHON, SIMON, LAVINE, NIOU, COOK, GLICK, GALEF,
   GOTTFRIED, CARROLL, JACKSON -- Multi-Sponsored by -- M. of  A.  ENGLE-
   BRIGHT -- read once and referred to the Committee on Education
 
 AN  ACT  to amend the education law, in relation to local wellness poli-
   cies; and providing for the repeal of certain provisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2-f to
 read as follows:
   §  2-F.  MODEL  WELLNESS POLICY. 1. THE COMMISSIONER SHALL ESTABLISH A
 NEW YORK STATE MODEL WELLNESS POLICY. SUCH POLICY SHALL BE DEVELOPED:
   (A) IN CONSULTATION WITH STATE AGENCIES INCLUDING, BUT NOT LIMITED TO,
 THE DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE AND MARKETS,  OFFICE
 OF MENTAL HEALTH, AND OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND
   (B)  ONCE THE MODEL WELLNESS POLICY IS DRAFTED, THE COMMISSIONER SHALL
 SOLICIT COMMENTS AND FEEDBACK FROM EXPERTS AND  STAKEHOLDERS,  INCLUDING
 BUT NOT LIMITED  TO  SCHOOL  ADMINISTRATORS,  SCHOOL  BOARDS,  TEACHERS,
 PARENTS,  STUDENTS,  SCHOOL  FOOD SERVICE DIRECTORS, PHYSICIANS, NURSES,
 REGISTERED DIETITIANS, NUTRITIONISTS, MENTAL HEALTH PROFESSIONALS, COOP-
 ERATIVE  EXTENSIONS, NOT-FOR-PROFIT ORGANIZATIONS,  AND  INSTITUTIONS OF
 HIGHER EDUCATION.
   2. THE WELLNESS POLICY ESTABLISHED BY SUBDIVISION ONE OF THIS  SECTION
 SHALL BE IN COMPLIANCE WITH ALL RELEVANT STATE AND FEDERAL LAWS, INCLUD-
 ING  THE  HEALTHY, HUNGER-FREE KIDS ACT OF 2010 7 CFR 210.30, AND REPRE-
 SENT BEST PRACTICES AND GUIDANCE FROM (I) THE STAKEHOLDER  GROUP  ESTAB-
 LISHED  IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND (II) THE
 CENTERS FOR DISEASE CONTROL AND PREVENTION'S WHOLE SCHOOL, WHOLE  COMMU-
 NITY, WHOLE CHILD MODEL.
   3.  ON  OR  BEFORE  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, THE MODEL
 WELLNESS POLICY SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS,  BOARDS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02966-03-1

 A. 5159                             2
 
 COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS AND NONPUBLIC SCHOOLS.
 SCHOOL  DISTRICTS,  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER
 SCHOOLS AND NONPUBLIC SCHOOLS MAY, BUT SHALL NOT BE REQUIRED TO,  INCOR-
 PORATE  ALL  OR  PART  OF  THE  MODEL  POLICY AS A PART OF THEIR LOCALLY
 ADOPTED WELLNESS POLICY.
   4. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE, THE  COMMISSIONER
 SHALL  ESTABLISH AND MAINTAIN AN ONLINE, PUBLICLY AVAILABLE AND SEARCHA-
 BLE DATABASE OF EVERY LOCAL EDUCATIONAL AGENCIES' MOST RECENTLY REVIEWED
 WELLNESS POLICY  AND TRIENNIAL ASSESSMENT.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021; provided,
 however,  that  if  the requirement to perform administrative reviews of
 wellness policies incorporated in 7 CFR 210.18 is repealed,  subdivision
 4  of  section  2-f of the education law as added by section one of this
 act shall be repealed; provided further, however, that the  commissioner
 of  education shall notify the legislative bill drafting commission upon
 the occurrence of the repeal of subdivision 4  of  section  2-f  of  the
 education  law  as  added  by  section one of this act in order that the
 commission may maintain an accurate and timely effective database of the
 official text of the laws of the state of New  York  in  furtherance  of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.