senate Bill S2437B

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to education
delivered to assembly
passed senate
May 06, 2014 amended on third reading (t) 2437b
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.397
Feb 26, 2014 print number 2437a
amend and recommit to education
Jan 08, 2014 referred to education
Jan 17, 2013 referred to education

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

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S2437 - Bill Details

See Assembly Version of this Bill:
A2517B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§901, 903, 918 & 804-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7113, A10259

S2437 - Bill Texts

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

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BILL NUMBER:S2437

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 904 which relates to health
and welfare services to all children, may also include childhood
obesity screening.

Section 4: Amends Education Law section 912 which relates to health
and welfare services to all children, may also include childhood
obesity
screening.

Section 5: 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 6: Amends Education Law section 803 (1) and (5) which relates
to the instruction of physical education in all elementary and
secondary schools to foster the increased overall physical fitness
and good health of its students and to foster a reduction in the
incidence of childhood obesity. Further, it encourages the regents to
ensure that all students in elementary and secondary schools have
daily physical activity to increase their physical wellbeing and to
increase their ability to absorb what is being taught in school.

Section 7: Amends Education Law section 804(1) to alter the material
taught in health, physical education, and appropriate science classes
to include information on the health risks associated with childhood
obesity and ways to combat the incidence of childhood obesity.

Section 8: 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 9: 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.

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

                                  2437

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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

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 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 persons in
parental relation to the child, pupils and teachers  of  the  individual
child's  health  condition  subject to federal and state confidentiality
laws; to guide parents, children and teachers in procedures for prevent-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00971-01-3

S. 2437                             2

ing and correcting defects [and], diseases AND CHILDHOOD OBESITY  CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident  or  illness;  to  survey  and  make  necessary recommendations
concerning  the  health  and safety aspects of school facilities and the
provision of health information.
  S 2. Subdivisions 1, 3 and 4 of section 903 of the education  law,  as
amended  by chapter 281 of the laws of 2007, subdivision 1 as separately
amended by section 11 of part B of chapter 58 of the laws  of  2007  and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are 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.
  3. a. Within thirty days after the student's entrance in such  schools
or grades, the health certificate shall be submitted to the principal or
his  or  her  designee  and  shall  be filed in the student's cumulative
health record. If such student does not present a health certificate  as
required  in  this  section,  unless  he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate  is  not  furnished
within  thirty days from the date of such notice, an examination will be
made of such student, as provided  in  this  article.  Each  school  and
school  district [chosen as part of an appropriate sampling methodology]
shall participate in surveys directed  by  the  commissioner  of  health

S. 2437                             3

pursuant  to  the  public  health  law  in relation to students' BMI and
weight status categories as reported on the  school  health  certificate
and  which shall be subject to audit by the commissioner of health. Such
surveys  shall  contain the information required pursuant to subdivision
one of this section in relation to students' BMI and weight status cate-
gories in aggregate. Parents or other persons in parental relation to  a
student  may refuse to have the student's BMI and weight status category
included in such survey.  Each school and school district shall  provide
the  commissioner of health with any information, records and reports he
or she may require for the purpose of such audit.  The  BMI  and  weight
status  survey  and  audit  as  described  in  this subdivision shall be
conducted consistent with confidentiality requirements imposed by feder-
al law.
  b. Within thirty days after the student's entrance in such schools  or
grades,  the  dental  health certificate, if obtained, shall be filed in
the student's cumulative health record.
  4. Notwithstanding the provisions of subdivisions one, two  and  three
of  this  section,  no  examinations  for a health certificate or health
history shall be  required  or  dental  certificate  requested,  and  no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health  history  conflict  with  their  genuine  and  sincere  religious
beliefs.
  S 3. Subdivision 1 of section 904 of the education law, as amended  by
section  12  of  part B of chapter 58 of the laws of 2007, is amended to
read as follows:
  1. Each principal of a public school, or his or  her  designee,  shall
report  to  the  director  of school health services having jurisdiction
over such school, the names of  all  students  who  have  not  furnished
health  certificates  as  provided in section nine hundred three of this
article, or who are children with disabilities, as  defined  by  article
eighty-nine  of this chapter, and the director of school health services
shall cause such students to be separately and  carefully  examined  and
tested  to ascertain whether any student has defective sight or hearing,
or any other physical disability which may tend to prevent  him  or  her
from  receiving  the  full  benefit  of school work, or from requiring a
modification of such work to prevent  injury  to  the  student  or  from
receiving  the  best  educational results.   Each examination shall also
include a calculation of 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 categories for children and
adolescents shall be as defined by the commissioner of  health.  In  all
school  districts,  such physician, physician assistant or nurse practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary or desirable and he or she shall conduct such  tests  and  the
certificate  shall  state the results. If it should be ascertained, upon
such test or examination, that any of such students have defective sight
or hearing[,]  or  other  physical  disability,  including  sickle  cell
anemia,  as  above  described, OR ARE OBESE, the principal or his or her
designee shall notify the parents  of,  or  other  persons  in  parental
relation  to,  the  child as to the existence of such disability. If the
parents or other persons in parental relation are unable or unwilling to
provide the necessary relief and treatment for such students, such  fact

S. 2437                             4

shall  be reported by the principal or his or her designee to the direc-
tor of school health services, whose duty it shall be to provide  relief
for such students. Each school and school district [chosen as part of an
appropriate  sampling methodology] shall participate in surveys directed
by the commissioner of health pursuant  to  the  public  health  law  in
relation  to students' BMI and weight status categories as determined by
the examination conducted pursuant to this section and  which  shall  be
subject  to  audit  by  the  commissioner  of health. Such surveys shall
contain  the  information  required  pursuant  to  this  subdivision  in
relation  to  students'  BMI  and weight status categories in aggregate.
[Parents or other persons in parental relation to a student  may  refuse
to  have  the  student's BMI and weight status category included in such
survey.] Each school and school district shall provide the  commissioner
of  health  with  any  information,  records  and  reports he or she may
require for the purpose of such audit. The BMI and weight status  survey
and  audit  as  described  in this section shall be conducted consistent
with  confidentiality  requirements  imposed  by  federal   law.   [Data
collection  for  such surveys shall commence on a voluntary basis at the
beginning of the two thousand seven academic school  year,  and  by  all
schools  chosen  as part of the sampling methodology at the beginning of
the two thousand eight academic school year.] The department shall  also
utilize  the  collected  data  to  develop a report of child obesity and
obesity related diseases.
  S 4. Section 912 of the education law, as amended by  chapter  477  of
the laws of 2004, is amended to read as follows:
  S 912. Health  and welfare services to all children. The voters and/or
trustees or board of education of  every  school  district  shall,  upon
request  of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the  health  and
welfare  services and facilities which are made available by such voters
and/or trustees or board of education to or for children  attending  the
public  schools  of the district. Such services may include, but are not
limited to all services performed by a physician,  physician  assistant,
dentist,  dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also  include  dental  prophylaxis,  vision  and  hearing
screening  examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking of
medical histories and the administration of health screening tests,  the
maintenance of cumulative health records and the administration of emer-
gency  care  programs  for ill or injured students. Any such services or
facilities shall be so provided notwithstanding  any  provision  of  any
charter  or other provision of law inconsistent herewith. Where children
residing in one school  district  attend  a  school  other  than  public
located  in  another  school  district,  the  school  authorities of the
district of residence shall contract with the school authorities of  the
district  where  such  nonpublic school is located, for the provision of
such health and welfare services and facilities to such children by  the
school  district where such nonpublic school is located, for a consider-
ation  to  be  agreed  upon  between  the  school  authorities  of  such
districts,  subject  to  the  approval  of  the  qualified voters of the
district of residence when required under the provisions of  this  chap-
ter.  Every such contract shall be in writing and in the form prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction over such district of residence  and  such  contract  shall  not
become effective until approved by such superintendent.

S. 2437                             5

  S  5.  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.
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  6.  Subdivisions  1  and  5 of section 803 of the education law, as
amended by chapter 118 of the laws of  1957,  are  amended  to  read  as
follows:
  1.  All  pupils  above  the  age  of eight years in all elementary and
secondary schools, shall receive as part of the  prescribed  courses  of
instruction  therein  such physical education under the direction of the
commissioner of education as the regents  may  determine.  Such  courses
shall  be designed to aid in the well-rounded education of pupils and in
the development of character,  citizenship,  OVERALL  physical  fitness,
GOOD  health  [and],  the worthy use of leisure AND THE REDUCTION IN THE
INCIDENCE OF CHILDHOOD OBESITY.   Pupils above such  age  attending  the
public  schools shall be required to attend upon such prescribed courses
of instruction.
  5. (A) It shall be the duty of the regents to adopt rules  determining
the  subjects  to  be included in courses of physical education provided
for in this section, the period of instruction in each of such  courses,
the  qualifications of teachers, and the attendance upon such courses of
instruction.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  REGENTS
MAY  PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR  ACTIV-
ITY,  INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
TIVE EDUCATION PROGRAMS. THE REGENTS  MAY  INCLUDE  IN  ITS  RULES  THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE  IN  PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF ONE
HUNDRED TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY  PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
  S  7.  The  section  heading  and  subdivision 1 of section 804 of the
education law, the section heading as amended by chapter 401 of the laws

S. 2437                             6

of 1998 and subdivision 1 as added by chapter 982 of the laws  of  1977,
are amended and a new subdivision 3-b is added to read as follows:
  Health   education   regarding  alcohol,  drugs,  tobacco  abuse,  THE
REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and  detection
of certain cancers. 1. All schools shall include, as an integral part of
health,  SCIENCE AND PHYSICAL education, instruction so as to discourage
the misuse and abuse of alcohol, tobacco[,] and other drugs,  TO  REDUCE
THE  INCIDENCE  OF  OBESITY,  and  promote  attitudes  and behavior that
enhance health, well being, and human dignity.
  3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED  WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING  GOOD  NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
AN INTEGRAL PART OF REQUIRED  HEALTH,  SCIENCE  AND  PHYSICAL  EDUCATION
COURSES.
  S  8. 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  SHALL  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, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
AND ADOLESCENCE.
  S  9. 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 10. This act shall take effect  immediately,  except  that  sections
one,  two,  three, four and five of this act shall take effect two years
after this act shall have become a law.

Co-Sponsors

S2437A - Bill Details

See Assembly Version of this Bill:
A2517B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§901, 903, 918 & 804-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7113, A10259

S2437A - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

S2437B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2517B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§901, 903, 918 & 804-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7113, A10259

S2437B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2437B

TITLE OF BILL: An act to amend the education law, in relation to
authorizing the 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.

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:

Immediate.

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

                                 2437--B
    Cal. No. 397

                       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 -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the  education  law,  in  relation  to  authorizing  the
  screening  for  childhood  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00971-04-4

S. 2437--B                          2

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
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 MAY ALSO 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

S. 2437--B                          3

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.
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. 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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