S T A T E O F N E W Y O R K
________________________________________________________________________
7607--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 13, 2019
___________
Introduced by M. of A. BENEDETTO, LIFTON, MOSLEY, FERNANDEZ, L. ROSEN-
THAL, SAYEGH, CRUZ, WOERNER, RAMOS, D'URSO -- Multi-Sponsored by -- M.
of A. ENGLEBRIGHT -- 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 local wellness poli-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 2-e to
read as follows:
§ 2-E. MODEL WELLNESS POLICY. 1. THE COMMISSIONER SHALL ESTABLISH A
NEW YORK STATE MODEL WELLNESS POLICY. SUCH POLICY SHALL BE DEVELOPED:
(A) IN CONSULTATION WITH STATE AGENCIES INCLUDING, BUT NOT LIMITED TO,
THE DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE AND MARKETS, OFFICE
OF MENTAL HEALTH, AND OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE; AND
(B) ONCE THE MODEL WELLNESS POLICY IS DRAFTED, THE COMMISSIONER SHALL
SOLICIT COMMENTS AND FEEDBACK FROM EXPERTS AND STAKEHOLDERS, INCLUDING
BUT NOT LIMITED TO SCHOOL ADMINISTRATORS, SCHOOL BOARDS, TEACHERS,
PARENTS, STUDENTS, SCHOOL FOOD SERVICE DIRECTORS, PHYSICIANS, NURSES,
REGISTERED DIETITIANS, NUTRITIONISTS, MENTAL HEALTH PROFESSIONALS, COOP-
ERATIVE EXTENSIONS, NOT-FOR-PROFIT ORGANIZATIONS, AND INSTITUTIONS OF
HIGHER EDUCATION.
2. THE WELLNESS POLICY ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION
SHALL BE IN COMPLIANCE WITH ALL RELEVANT STATE AND FEDERAL LAWS, INCLUD-
ING THE HEALTHY, HUNGER-FREE KIDS ACT OF 2010 7 CFR 210.30, AND REPRE-
SENT BEST PRACTICES AND GUIDANCE FROM (I) THE STAKEHOLDER GROUP ESTAB-
LISHED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND (II) THE
CENTERS FOR DISEASE CONTROL AND PREVENTION'S WHOLE SCHOOL, WHOLE COMMU-
NITY, WHOLE CHILD MODEL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11451-02-0
A. 7607--A 2
3. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE MODEL
WELLNESS POLICY SHALL BE MADE AVAILABLE TO SCHOOL DISTRICTS, BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS AND NONPUBLIC SCHOOLS.
SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER
SCHOOLS AND NONPUBLIC SCHOOLS MAY, BUT SHALL NOT BE REQUIRED TO, INCOR-
PORATE ALL OR PART OF THE MODEL POLICY AS A PART OF THEIR LOCALLY
ADOPTED WELLNESS POLICY.
4. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER
SHALL ESTABLISH AND MAINTAIN AN ONLINE, PUBLICLY AVAILABLE AND SEARCHA-
BLE DATABASE OF EVERY LOCAL EDUCATIONAL AGENCIES' MOST RECENTLY REVIEWED
WELLNESS POLICY AND TRIENNIAL ASSESSMENT.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that if the requirement to perform administrative reviews of
wellness policies incorporated in 7 CFR 210.18 is repealed, subdivision
4 of section 2-e of the education law as added by section one of this
act shall be repealed; provided further, however, that the commissioner
of education shall notify the legislative bill drafting commission upon
the occurrence of the repeal of subdivision 4 of section 2-e of the
education law as added by section one of this act in order that the
commission may maintain an accurate and timely effective database of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.