S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5151
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Education
 
 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:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08192-01-7

 A. 5151                             2
 
 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.
   §  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.
   § 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.
 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

 A. 5151                             3
 
 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.
   § 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.
   § 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5151--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on  Education -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to 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:
   § 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 CONDITIONS PURSUANT TO SUBDIVISION ONE OF 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
 MEASUREMENTS AS PROVIDED FOR IN SUBDIVISION ONE OF SECTION NINE  HUNDRED
 FOUR  OF  THIS  ARTICLE,  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08192-03-7

 A. 5151--A                          2
 
 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 recommendations concerning the
 health and safety aspects of school  facilities  and  the  provision  of
 health information.
   §  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.
   § 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.
 PROVIDED,  FURTHER,  THE COMMITTEE MAY PROVIDE INFORMATION TO PERSONS IN
 PARENTAL RELATION ON opportunities offered to parents  or  guardians  to

 A. 5151--A                          3
 
 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.
   §  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.
   § 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.