S T A T E O F N E W Y O R K
________________________________________________________________________
8592
I N A S S E M B L Y
January 27, 2014
___________
Introduced by M. of A. NOLAN -- read once and referred 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
A. 8592 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.