S T A T E O F N E W Y O R K
________________________________________________________________________
2628
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. ORTIZ, P. RIVERA -- Multi-Sponsored by -- M. of
A. MAYERSOHN, J. RIVERA -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to students' body mass
index analyses
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 920 to
read as follows:
S 920. BODY MASS INDEX ANALYSIS AND REPORT. 1. SCHOOLS SHALL ANNUALLY
MEASURE THE HEIGHT AND WEIGHT OF EVERY PUPIL TO ANALYZE EACH PUPIL'S
BODY MASS INDEX PERCENTILE BY AGE AND USE THE RESULTS OF SUCH ANALYSIS
TO FURNISH A REPORT OR LETTER TO THE PUPIL'S PARENTS OR LEGAL GUARDIANS
CONTAINING THE PERCENTILE INFORMATION, AN EXPLANATION OF THE RESULTS,
GENERAL ADVICE ABOUT WHAT ACTIONS, IF NECESSARY, SHOULD BE TAKEN BY THE
PARENTS OR GUARDIANS AS A RESULT OF THE PUPIL'S BODY MASS INDEX, AND
RESOURCE INFORMATION FOR NUTRITION AND PHYSICAL ACTIVITY INFORMATION AND
SERVICES.
2. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF HEALTH
SHALL DEVELOP REGULATIONS FOR THE MEASUREMENT, ANALYSIS, AND REPORTING
OF PUPILS BODY MASS INDEX, INCLUDING BUT NOT LIMITED TO, PROTECTING THE
CONFIDENTIALITY OF THE PUPIL AND THEIR PARENTS OR LEGAL GUARDIANS,
PROVIDED HOWEVER, THAT THE AGGREGATE OF BODY MASS INDEX ANALYSIS FOR AN
ENTIRE SCHOOL OR SCHOOL DISTRICT POPULATION SHALL BE MADE AVAILABLE TO
THE PUBLIC ON AN ANNUAL BASIS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the amendment, addition, and/or repeal of any regulation necessary
for the timely implementation of this act on its effective date is
authorized and directed to be made on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03406-01-9