Bill Text: NY S05752 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires school district compliance with physical education instruction requirements in elementary grades in public schools to be reported to the department of education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2017-10-23 - VETOED MEMO.168 [S05752 Detail]

Download: New_York-2017-S05752-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5752
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 28, 2017
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to require school district  compliance  with  physical  education
          instruction  requirements in elementary grades in public schools to be
          reported to the department of education
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  a. The commissioner of education shall create a procedure
     2  in which school district compliance with physical education  instruction
     3  requirements  as  required by law and regulation in elementary grades in
     4  all public schools is reported to the department  by  school  districts.
     5  Such  report  shall include but not be limited to the following informa-
     6  tion for each school district:
     7    (i) how many and which schools do not have a  facility,  multi-purpose
     8  room, non-classroom designated area, or other designated spaces that are
     9  adequate for physical education instruction as required by law and regu-
    10  lation;
    11    (ii)  how many and which schools have a facility or other space listed
    12  in paragraph (i) of this subdivision for physical education  instruction
    13  do  not  or cannot use such space for physical education instruction and
    14  the reason or reasons why such space is not used for physical education;
    15    (iii) the maximum number of students who can receive  physical  educa-
    16  tion instruction at each school facility or area designated for physical
    17  education  and  how  many  students currently receive physical education
    18  instruction at each facility or designated area;
    19    (iv) how many and which elementary schools do not (A) employ a teacher
    20  or teachers certified  in  physical  education  for  physical  education
    21  instruction  or  (B) designate a teacher or teachers for physical educa-
    22  tion instruction;
    23    (v) how many and which schools do not provide the class time for phys-
    24  ical education instruction as required by law  and  regulation  and  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07972-01-7
        S. 5752                             2
     1  reason  or  reasons  why the schools do not provide appropriate time for
     2  such instruction; and
     3    (vi)  how  many  and which schools are not in compliance with physical
     4  education instruction requirements established in law and regulation  or
     5  are in violation of any physical education related law or regulation.
     6    b.  Each  superintendent  of a school district which contains at least
     7  one school which is not in compliance with physical  education  instruc-
     8  tion  requirements established in law and regulation shall (i) prepare a
     9  corrective action plan to be reviewed  and  approved  by  the  board  of
    10  education at a public meeting; and (ii) to the extent practicable, begin
    11  implementation of such corrective action plan the following school year.
    12    c. A list of the school districts that fail to comply with the report-
    13  ing requirements in subdivision a of this section shall be posted on the
    14  department's internet website.
    15    d.  On  or  before  July  1, 2018, the commissioner of education shall
    16  report to the governor, the  temporary  president  of  the  senate,  the
    17  speaker  of  the  assembly,  and  the  chairs of the senate and assembly
    18  committees on education the  findings  made  based  on  the  information
    19  reported pursuant to subdivision a of this section including an analysis
    20  and  explanation of the data, and shall identify steps that can be taken
    21  to ensure that all public schools are in compliance with physical educa-
    22  tion instruction requirements in elementary and secondary grades.
    23    § 2. This act shall take effect immediately.