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

                                  2517

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. CRESPO, RODRIGUEZ, RAMOS, CASTRO, RIVERA, ARROYO,
  ESPINAL,  MOYA,  ORTIZ,  SEPULVEDA  --  read  once and referred 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

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

A. 2517                             2

laws; to guide parents, children and teachers in procedures for prevent-
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]

A. 2517                             3

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 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

A. 2517                             4

provide  the necessary relief and treatment for such students, such fact
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-

A. 2517                             5

diction over such district of residence  and  such  contract  shall  not
become effective until approved by such superintendent.
  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.

A. 2517                             6

  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
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.

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

                                 2517--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M. of A. CRESPO, RODRIGUEZ, RAMOS, RIVERA, ARROYO, MOYA,
  ORTIZ, SEPULVEDA -- Multi-Sponsored by -- M. of A. PERRY -- read  once
  and  referred  to  the  Committee  on  Education -- recommitted to the
  Committee on Education in accordance with Assembly Rule 3, sec.  2  --
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00971-03-4
              

A. 2517--A                          2

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 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-

A. 2517--A                          3

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. 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.