NY State Senate Bill 2021-S5005

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Feb 22, 2021	referred to education

2021-S5005 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§903 & 904, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5011
2011-2012: S3142
2013-2014: S912
2015-2016: S1088
2017-2018: S3265
2019-2020: S4510
2023-2024: S5225
2025-2026: S4094

2021-S5005 (ACTIVE) - Summary

Includes that health certificates furnished by each student upon his or her entrance into school shall include an assessment of the student for eating disorders pursuant to the assessment standards established by the commissioner of health.

2021-S5005 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5005

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the education law, in relation to screening of students
for eating disorders

 
PURPOSE OR GENERAL IDEA OF BILL:

To require public school students to be screened for eating disorders.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. A health certificate shall be furnished by each student in
the public schools upon his or her entrance in such schools. An examina-
tion and health history of any child may be required by the local school
authorities at any time in their discretion. Each certificate is
required at least twice during the elementary grades and twice in the
secondary grades and they shall be signed by a duly licensed physician,
physician assistant, or nurse practitioner who is authorized by law to

practice in the state or jurisdiction in which, the examination was
driven. Furthermore, each certificate shall include an assessment of the
student for eating disorders.

Section 2. Requires each principal of a public school to report to the
director of school health services all names of children who have not
furnished health certificates or who are children with disabilities, If
it should be ascertained, upon such test or examination, that any of
such students have an eating disorder, the principal shall notify the
parents.

Section 3. This act shall take effect on the first of July next succeed-
ing the date of which it shall have become a law.

 
JUSTIFICATION:

According to the National Eating Disorder Association, approximately 30
million people suffer from anorexia, bulimia, and binge eating disorder.
Millions practice disordered eating due to an obsession with dieting.
Over the years these numbers have continued to rise, along with the
stigma and lack of awareness of eating disorders. The peak onset of
eating disorders occurs during puberty and the late teen/early adult
years, but symptoms can occur as young as kindergarten.According to the
National Institute of Mental Health, eating disorders are serious
illnesses with a biological basis modified and influenced by emotional
and cultural factors. Eating disorders are preventable and treatable,
yet hundreds of people die from them each year because of
laze/inaccurate diagnosis. Anorexia has the highest morality rate of any
mental illness. Eating disorders are serious mental illnesses with often
severe physical consequences. They also cross all racial lines.  A
recent 10 year study found that African American girls are 50% more
likely to be bulimic than are white girls. Sadly, many of these and
other cases go undetected and untreated.New York State recognizes the
importance of addressing this problem and has already taken some impor-
tant first steps. In 2004 the Legislature established and funded a
network of Comprehensive Care Centers for Eating Disorders around the
state. In 2007, the Legislature took another step and established the
Child Performer Advisory Board to Prevent Eating Disorders. This board
released its recommendations in 2009. Despite the State's leadership
role in this area, many misconceptions and misdiagnosis continue to
surround eating disorders. New York State must take the next step and
pass this bill to help in identifying and treating of eating disorders
early so that lives can be saved. Screening by physicians prior to
admission to school is already law and to add a quick check on eating
disorders would be of minimal inconvenience to physicians.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.4510- Referred to Education

2017-2018: S3265 - REFERRED TO EDUCATION

2015-2016: S.1088A/A.758A - Amend and Recommit to Education

2013-2014: S.912/A.2337 - Died in Education

2011-2012: S.3142B - Died in Rules

2009-2010: S.5011B/A.8249B - Passed Senate; Died in Assembly Higher
Education

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
of which it shall have become a law.

2021-S5005 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5005
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 screening of  students
   for eating disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section  903  of  the  education  law,  as
 amended  by  chapter  183  of  the  laws  of 2017, 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 anal-
 ysis. Each such certificate shall also state  the  student's  body  mass

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

                                                            LBD09253-01-1

 S. 5005                             2
 
 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.   FURTHERMORE, EACH SUCH CERTIFICATE SHALL INCLUDE AN
 ASSESSMENT OF THE STUDENT FOR EATING DISORDERS. SUCH ASSESSMENT SHALL BE
 CONDUCTED PURSUANT TO  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER  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.
   §  2. 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,
 AN  EATING  DISORDER, 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  examina-
 tion  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  practitioner  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, AN EATING DISORDER, or other physical
 disability, including sickle cell anemia, as above described, the  prin-
 cipal  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  OR  DISORDER.    If the parents or other persons in parental
 relation are unable or unwilling to provide  the  necessary  relief  and
 treatment  for such students, such fact shall be reported by the princi-
 pal or his or her designee to the director 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  methodol-
 ogy  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

 S. 5005                             3
 
 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 methodol-
 ogy 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.
   § 3. This act shall take effect on the first of July  next  succeeding
 the  date  on  which it shall have become a law.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S5005

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2021-S5005 (ACTIVE) - Details

2021-S5005 (ACTIVE) - Summary

2021-S5005 (ACTIVE) - Sponsor Memo

2021-S5005 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2021-S5005 (ACTIVE) - Details

2021-S5005 (ACTIVE) - Summary

2021-S5005 (ACTIVE) - Sponsor Memo

2021-S5005 (ACTIVE) - Bill Text download pdf

Comments