Provides for required instruction in physical education in elementary schools; requires that the regents shall include in its rules that students in elementary schools shall participate in physical education for a minimum of one hundred fifty minutes during each school week.
STATE OF NEW YORK
________________________________________________________________________
2627
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. ORTIZ, GALEF, MORELLE, P. RIVERA, PAULIN, BENE-
DETTO, HOYT, ENGLEBRIGHT, CLARK, CARROZZA -- Multi-Sponsored by -- M.
of A. BARRA, BOYLAND, BRENNAN, GOTTFRIED, HEASTIE, KOON, LENTOL,
LIFTON, LUPARDO, MAGNARELLI, MILLMAN, PHEFFER, QUINN, REILLY,
J. RIVERA, ROBINSON, STIRPE, SWEENEY, TITUS, TOWNS, TOWNSEND, WEISEN-
BERG -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the required instruc-
tion in physical education in elementary schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds that phys-
2 ically active, healthy kids are better positioned to attain a higher
3 level of academic achievement. The importance of physical education in
4 the health of young people has long been a part of the health objectives
5 of the state. It is well documented that school-age youths need at least
6 60 minutes of moderate to vigorous physical activity every day and the
7 school environment plays an important role in helping to facilitate
8 achievement of this physical activity level for children. Physical
9 education instruction is the cornerstone of a comprehensive school phys-
10 ical activity program that also includes health education, elementary
11 school recess, after-school physical activity clubs and intramurals,
12 high school interscholastic athletics, walk/bike to school programs, and
13 staff wellness programs. Physical education is a planned instructional
14 program with specified objectives. An essential part of the total
15 curriculum, physical education programs increase the physical compe-
16 tence, health-related fitness, self-responsibility, and enjoyment of
17 physical activity for all students so that they can establish physical
18 activity as a natural part of everyday life. In a time of increasing
19 health risks and health care costs, prevention is key and exemplary
20 physical education programs that provide daily physical activity oppor-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03398-02-9
A. 2627 2
1 tunities should be part of the solution for inactivity, obesity, and
2 related chronic diseases.
3 § 2. Subdivision 5 of section 803 of the education law, as amended by
4 chapter 118 of the laws of 1957, is amended to read as follows:
5 5. It shall be the duty of the regents to adopt rules determining the
6 subjects to be included in courses of physical education provided for in
7 this section, the period of instruction in each of such courses, the
8 qualifications of teachers, and the attendance upon such courses of
9 instruction. Notwithstanding any other provision of this section, the
10 regents shall provide in its rules that the physical education instruc-
11 tion requirement for students enrolled in elementary school grades
12 shall, where feasible, include daily physical education, including
13 students with disabling conditions and those in alternative education
14 programs. The regents shall include in its rules that students enrolled
15 in elementary schools shall participate in physical education for a
16 minimum of one hundred fifty minutes during each school week. The
17 regents shall provide for a three year phase-in schedule for daily phys-
18 ical education in elementary schools in its rules.
19 § 3. This act shall take effect immediately; provided, however, the
20 three year phase-in required by subdivision 5 of section 803 of the
21 education law as amended by section two of this act shall be completed
22 no later than July 1, 2012.
