STATE OF NEW YORK
________________________________________________________________________
3627
2013-2014 Regular Sessions
IN ASSEMBLY
January 28, 2013
___________
Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee on Education
AN ACT directing the commissioner of education to create a pilot program
to improve physical education/physical activity programs in certain
schools; and providing for the repeal of such provision upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The United States is
2 confronting a devastating obesity epidemic. The primary causes of child-
3 hood obesity - lack of physical activity and poor diet - continue to
4 permeate youth culture and will diminish hundreds of thousands more
5 lives and cost billions more dollars if left un-reversed. 26.5% of
6 adults in New York report that they do not engage in any physical activ-
7 ity compared to the national average of 22%. More than 700,000 New York
8 City residents have diabetes, most of those suffer from type 2 diabetes,
9 a devastating disease primarily caused by lack of physical activity and
10 poor diet. Type 2 diabetes is expected to afflict one in three American
11 children born in and after 2000. The medical cost of treating diabetics
12 in New York City is almost half a billion dollars a year; the human toll
13 and loss of workplace productivity is incalculable. Overweight youth
14 10-15 years old have an 80% chance of becoming an obese adult by age 25.
15 43% of all NYC elementary school students are overweight or obese.
16 Student-teacher ratios for physical education in New York City are an
17 estimated 730 to 1. While New York state requires physical fitness
18 education in schools, many schools have difficulties implementing the
19 requirements due to limited resources in funding and/or space.
20 § 2. (a) The commissioner of education is hereby directed to establish
21 a physical education/physical activity pilot program. The department of
22 education shall select at least ten public elementary, middle or high
23 schools in the state to participate in a two year pilot program aimed at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00146-01-3
A. 3627 2
1 improving physical education and physical activity programs in such
2 schools. The department may expand such program to additional public
3 schools upon request and available funding. Seventy-five percent of the
4 schools selected shall be located in the city of New York and the
5 remaining shall be selected based upon the criteria set forth in this
6 act. Each participating school shall be required to provide at least 45
7 minutes per week of a combination of physical education and physical
8 activity for each student. A pilot school shall not be penalized in any
9 manner if a reasonable attempt has been made to provide the program to
10 each student.
11 (b) The program shall be administered through a contract with an
12 outside entity that is able to provide:
13 (1) a minimum of 45 minutes of activity per week for each student;
14 (2) a proven track record of effectiveness;
15 (3) flexibility in providing services, either before, during or after
16 school hours;
17 (4) physical education, in addition to nutrition and health education;
18 (5) a system of accountability and transparency;
19 (6) on-going support and training services; and
20 (7) incentives and awards for good performance for individuals, class-
21 es and schools.
22 (c) The pilot program established by this act may be run in coordi-
23 nation with the Road Runner Mighty Milers program, a school-based
24 program combining daily aerobic activities with personalized goal-set-
25 ting, nutrition, academic, and health education components available
26 at-site and on-line, established by the New York Road Runners Founda-
27 tion.
28 (d) The education department may accept applications for participation
29 in the pilot program from schools meeting the following criteria:
30 (1) at least 50% of the students qualify for federal free and reduced
31 lunches;
32 (2) the school has demonstrated limited facilities and/or resources to
33 implement a physical education program; and
34 (3) the school will be able to provide a "site coordinator" including
35 but not limited to a member of the facility or member of a
36 parent/teacher organization.
37 (e) The department of education shall conduct an evaluation of the
38 pilot program which may be done in collaboration with an outside entity
39 and shall report preliminary findings by May 15, 2015 and a final report
40 by July 15, 2015 to the governor and the legislature.
41 § 3. Funding for the physical education/physical activity pilot
42 program shall be provided through appropriations to the department of
43 education.
44 § 4. This act shall take effect immediately; provided that the pilot
45 program established by section two of this act shall be administered in
46 the 2013-2014 and 2014-2015 school years; and provided further that the
47 provisions of this act shall expire and be deemed repealed on and after
48 June 30, 2015.
