S T A T E O F N E W Y O R K
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1044
2021-2022 Regular Sessions
I N S E N A T E
January 6, 2021
___________
Introduced by Sen. RAMOS -- 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 requiring school
districts to post wellness policies on the school district's website
and requiring school districts to adopt a policy on recess for elemen-
tary school students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that students at
the elementary level must have the opportunity to participate in daily
recess to promote lifelong health. The legislature also finds that
recess promotes health and fitness during adolescence which reduces body
fat and other risk factors for various health conditions. Additionally,
regular moderate to rigorous physical activity has brain health benefits
that are fundamental for the success of school aged children. As child-
hood obesity rates rise, it is important to ensure that children have
the time for physical activity. Insufficient physical activity and
excessive calories consumed is well-known as a critical factor for this
alarming increase in overweight and obese children, therefore the legis-
lature finds that we must continue to encourage our children to engage
in physical activity so they can develop a healthy mind and body and
promote lifelong health.
§ 2. The education law is amended by adding a new section 817 to read
as follows:
§ 817. SCHOOL DISTRICT WELLNESS POLICIES; RECESS; WEBSITE. EACH SCHOOL
DISTRICT SHALL POST THE SCHOOL DISTRICT'S CURRENT WELLNESS POLICY ON THE
SCHOOL DISTRICT'S WEBSITE. EACH SCHOOL DISTRICT WELLNESS POLICY SHALL
INCLUDE THE TOTAL NUMBER OF MINUTES OF RECESS EACH DAY FOR STUDENTS IN
KINDERGARTEN THROUGH FIFTH GRADE; PROVIDED, HOWEVER, THAT SUCH POLICY
SHALL PROVIDE FOR AT LEAST TWENTY MINUTES OF RECESS TIME DEDICATED FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05028-01-1
S. 1044 2
PHYSICAL ACTIVITY ON ALL OR MOST DAYS OF THE SCHOOL YEAR AND THAT SUCH
RECESS TIME SHALL NOT ALSO BE USED AS MEAL TIME.
§ 3. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law.