Provides student health certificates may include a diabetes risk analysis; amends provisions relating to school district nutrition advisory committees.
STATE OF NEW YORK
________________________________________________________________________
2724--B
Cal. No. 830
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
___________
Introduced by Sens. KLEIN, DILAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- reported
favorably from said committee, ordered to first and second report,
amended on second report, ordered to a third reading, and to be
reprinted as amended, retaining its place in the order of third read-
ing -- again amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the education law, in relation to childhood obesity and
instruction in good health and reducing the incidence of obesity
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 amended by chapter 376 of the laws of 2015, is amended to read as
3 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
14 subdivision three of section six thousand nine hundred two of this chap-
15 ter, or by a duly licensed physician, physician assistant, or nurse
16 practitioner, who is authorized to practice in the jurisdiction in which
17 the examination was given, provided that the commissioner has determined
18 that such jurisdiction has standards of licensure and practice compara-
19 ble to those of New York. Each such certificate shall describe the
20 condition of the student when the examination was made, which shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08192-05-7
S. 2724--B 2
1 be more than twelve months prior to the commencement of the school year
2 in which the examination is required, and shall state whether such
3 student is in a fit condition of health to permit his or her attendance
4 at the public schools. The examination may include a diabetes risk
5 analysis. Each such certificate shall also state the student's body mass
6 index (BMI) and weight status category. For purposes of this section,
7 BMI is computed as the weight in kilograms divided by the square of
8 height in meters or the weight in pounds divided by the square of height
9 in inches multiplied by a conversion factor of 703. Weight status cate-
10 gories for children and adolescents shall be as defined by the commis-
11 sioner of health. In all school districts such physician, physician
12 assistant or nurse practitioner shall determine whether a one-time test
13 for sickle cell anemia is necessary or desirable and he or she shall
14 conduct such a test and the certificate shall state the results.
15 § 2. Subdivisions 4 and 5 of section 918 of the education law, as
16 added by chapter 493 of the laws of 2004, are amended to read as
17 follows:
18 4. The committee is encouraged to study and make recommendations on
19 all facets of the current nutritional policies of the district includ-
20 ing, but not limited to, the goals of the district to promote [health]
21 wellness and proper nutrition, vending machine sales[,]; menu crite-
22 ria[,]; educational curriculum teaching healthy nutrition[,]; promote
23 the achievement and maintenance of healthy weight; educational informa-
24 tion provided to parents or guardians regarding healthy nutrition and
25 the health risks associated with obesity, asthma, chronic bronchitis and
26 other chronic respiratory disease; opportunities offered to parents or
27 guardians on how to encourage healthier eating habits to students[,];
28 and the education provided to teachers and other staff as to the impor-
29 tance of healthy nutrition and the health risks associated with a
30 student's weight. In addition the committee shall consider recommenda-
31 tions and practices of other districts and nutrition studies.
32 5. The committee is encouraged to report periodically to the district
33 regarding practices that will educate teachers, parents or guardians and
34 children about healthy nutrition and raise awareness of the dangers of
35 obesity, asthma, chronic bronchitis and other chronic respiratory
36 diseases. The committee is encouraged also to provide any parent teach-
37 er associations in the district with such findings and recommendations.
38 § 3. This act shall take effect two years after it shall have become a
39 law.
