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

                                 1521--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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  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
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.
                                                           LBD05724-02-6
              

S. 1521--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 amended by
chapter 376 of the laws of 2015, 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
subdivision three of section six thousand nine hundred two of this chap-
ter,  or  by  a  duly  licensed physician, physician assistant, or nurse
practitioner, who is authorized to practice in the jurisdiction in which
the examination was given, provided that the commissioner has determined
that such jurisdiction has standards of licensure and practice  compara-
ble  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 EXAMINATION 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 OBESI-
TY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR ANY OTHER FACTORS CONSISTENT
WITH INCREASED RISK MAY ALSO BE TESTED FOR DIABETES. Each  such  certif-
icate  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 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 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. 1521--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. 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.