STATE OF NEW YORK
________________________________________________________________________
9122--A
IN ASSEMBLY
January 25, 2012
___________
Introduced by M. of A. P. RIVERA, J. MILLER, N. RIVERA, ORTIZ, TITONE,
MAISEL, CRESPO, COLTON, CASTRO, BOYLAND, ROBERTS, WEPRIN, GIBSON,
STEVENSON, MONTESANO, SALADINO, MARKEY, LINARES, THIELE, JAFFEE,
CLARK, MILLMAN, LIFTON, GUNTHER, BARRON, LUPARDO, LENTOL, KELLNER,
GALEF, MAGNARELLI, HOOPER, J. RIVERA, ROBINSON, RAMOS, ROSENTHAL,
HEASTIE, PAULIN, MENG, ENGLEBRIGHT, SIMOTAS, COOK, TITUS, RUSSELL,
BENEDETTO, REILLY -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
CALHOUN, CERETTO, CYMBROWITZ, DUPREY, GOTTFRIED, GRAF, JORDAN, KEARNS,
MALLIOTAKIS, McDONOUGH, McENENY, McKEVITT, MURRAY, PERRY, RA, SWEENEY,
TENNEY, WEISENBERG -- read once and referred to the Committee on
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to screening students for
eating disorders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 903 of the education law, as
2 separately amended by section 11 of part B of chapter 58 and chapter 281
3 of the laws of 2007, is amended to read as follows:
4 1. A health certificate shall be furnished by each student in the
5 public schools upon his or her entrance in such schools and upon his or
6 her entry into the grades prescribed by the commissioner in regulations,
7 provided that such regulations shall require such certificates at least
8 twice during the elementary grades and twice in the secondary grades. An
9 examination and health history of any child may be required by the local
10 school authorities at any time in their discretion to promote the educa-
11 tional interests of such child. Each certificate shall be signed by a
12 duly licensed physician, physician assistant, or nurse practitioner, who
13 is authorized by law to practice in this state, and consistent with any
14 applicable written practice agreement, or by a duly licensed physician,
15 physician assistant, or nurse practitioner, who is authorized to prac-
16 tice in the jurisdiction in which the examination was given, provided
17 that the commissioner has determined that such jurisdiction has stand-
18 ards of licensure and practice comparable to those of New York. Each
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13521-04-2
A. 9122--A 2
1 such certificate shall describe the condition of the student when the
2 examination was made, which shall not be more than twelve months prior
3 to the commencement of the school year in which the examination is
4 required, and shall state whether such student is in a fit condition of
5 health to permit his or her attendance at the public schools. Each such
6 certificate shall also state the student's body mass index (BMI) and
7 weight status category. For purposes of this section, BMI is computed
8 as the weight in kilograms divided by the square of height in meters or
9 the weight in pounds divided by the square of height in inches multi-
10 plied by a conversion factor of 703. Weight status categories for chil-
11 dren and adolescents shall be as defined by the commissioner of health.
12 Furthermore, each such certificate shall include an assessment of the
13 student for eating disorders. Such assessment for eating disorders shall
14 be conducted pursuant to standards established by the commissioner of
15 health. In all school districts such physician, physician assistant or
16 nurse practitioner shall determine whether a one-time test for sickle
17 cell anemia is necessary or desirable and he or she shall conduct such a
18 test and the certificate shall state the results.
19 § 2. Subdivision 1 of section 904 of the education law, as amended by
20 section 12 of part B of chapter 58 of the laws of 2007, is amended to
21 read as follows:
22 1. Each principal of a public school, or his or her designee, shall
23 report to the director of school health services having jurisdiction
24 over such school, the names of all students who have not furnished
25 health certificates as provided in section nine hundred three of this
26 article, or who are children with disabilities, as defined by article
27 eighty-nine of this chapter, and the director of school health services
28 shall cause such students to be separately and carefully examined and
29 tested to ascertain whether any student has defective sight or hearing,
30 an eating disorder, or any other physical disability which may tend to
31 prevent him or her from receiving the full benefit of school work, or
32 from requiring a modification of such work to prevent injury to the
33 student or from receiving the best educational results. Each examina-
34 tion shall also include a calculation of the student's body mass index
35 (BMI) and weight status category. For purposes of this section, BMI is
36 computed as the weight in kilograms divided by the square of height in
37 meters or the weight in pounds divided by the square of height in inches
38 multiplied by a conversion factor of 703. Weight status categories for
39 children and adolescents shall be as defined by the commissioner of
40 health. In all school districts, such physician, physician assistant or
41 nurse practitioner shall determine whether a one-time test for sickle
42 cell anemia is necessary or desirable and he or she shall conduct such
43 tests and the certificate shall state the results. If it should be
44 ascertained, upon such test or examination, that any of such students
45 have defective sight or hearing, an eating disorder, or other physical
46 disability, including sickle cell anemia, as above described, the prin-
47 cipal or his or her designee shall notify the parents of, or other
48 persons in parental relation to, the child as to the existence of such
49 disability or disorder. If the parents or other persons in parental
50 relation are unable or unwilling to provide the necessary relief and
51 treatment for such students, such fact shall be reported by the princi-
52 pal or his or her designee to the director of school health services,
53 whose duty it shall be to provide relief for such students. Each school
54 and school district chosen as part of an appropriate sampling methodol-
55 ogy shall participate in surveys directed by the commissioner of health
56 pursuant to the public health law in relation to students' BMI and
A. 9122--A 3
1 weight status categories as determined by the examination conducted
2 pursuant to this section and which shall be subject to audit by the
3 commissioner of health. Such surveys shall contain the information
4 required pursuant to this subdivision in relation to students' BMI and
5 weight status categories in aggregate. Parents or other persons in
6 parental relation to a student may refuse to have the student's BMI and
7 weight status category included in such survey. Each school and school
8 district shall provide the commissioner of health with any information,
9 records and reports he or she may require for the purpose of such audit.
10 The BMI and weight status survey and audit as described in this section
11 shall be conducted consistent with confidentiality requirements imposed
12 by federal law. Data collection for such surveys shall commence on a
13 voluntary basis at the beginning of the two thousand seven academic
14 school year, and by all schools chosen as part of the sampling methodol-
15 ogy at the beginning of the two thousand eight academic school year. The
16 department shall also utilize the collected data to develop a report of
17 child obesity and obesity related diseases.
18 § 3. This act shall take effect on the first of July next succeeding
19 the date on which it shall have become a law; provided that, effective
20 immediately, any rules and regulations necessary to implement the
21 provisions of this act on its effective date are authorized and directed
22 to be completed on or before such date.
