New York State Assembly

 
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A05151 Summary:

A05151 Actions:

A05151 Committee Votes:

Committee:EDUCATION   Chair:Nolan      
DATE:06/06/2017AYE/NAY:31/0  Action: Favorable refer to committee Rules        
Nolan
Aye
Lopez
Aye
Hooper
Aye
Ra
Aye
Englebright
Aye
McDonough
Aye
Arroyo
Aye
Graf
Aye
Magnarelli
Aye
McLaughlin
Aye
Paulin
Aye
Murray
Aye
Ramos
Aye
Lawrence
Aye
Benedetto
Aye
Walsh
Aye
O'Donnell
Aye
Thiele
Aye
Titone
Aye
Titus
Aye
Miller
Aye
Mayer
Aye
Lifton
Aye
Kim
Aye
Rosenthal
Aye
Ryan
Aye
Mosley
Aye
Brindisi
Aye
Otis
Aye
Seawright
Aye
Jaffee
Aye

Committee:RULES   Chair:Heastie      
DATE:06/07/2017AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Excused
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Excused
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A05151 Floor Votes:

A05151 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5151B
 
SPONSOR: Crespo

 
TITLE OF BILL:
 
An act to amend the education law, in relation to childhood obesity and
instruction in good health and reducing the incidence of obesity
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The incidence of unhealthy child weight is a rapidly growing public
health, social, and economic concern that is adversely affecting the
overall health and well-being of our next generation of New Yorkers.  In
fact, acute and chronic adverse health conditions such as diabetes,
chronic coronary conditions, and respiratory illnesses caused by obesity
conditions is about to overtake those acute and chronic adverse health
conditions caused by smoking tobacco.
 
This bill attempts to more fully integrate activities conducted by the
Education Department to better educate students and parents on the
important economic and health reasons for eating a balanced and nutri-
tious diet. In addition to teaching such Subjects in Health class, the
scientific reasons for the importance of having a balanced diet should
be presented in science classes such as biology and chemistry. Further,
the Department should more actively provide more opportunities for phys-
ical recreational activities to foster physical fitness and create an
environment so that students are more capable to learn because they have
"burned off" energy during recess.
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Amends Education Law section 903 to add that school 'health
exams may include a diabetes risk analysis if such child has risk for
diabetes, such as obesity, family history of type 2 diabetes, or other
factors that heighten the risk of diabetes.
 
Section 2: Amends Education Law section 918 (4) and (5) which relates to
the formation of school district nutrition advisory committees.  Under
this provision, such advisory committees can study and make recommenda-
tions on current nutritional policies of the school district to promote
the achievement and maintenance of healthy weight. Further, such advi-
sory committees can make recommendations on educational information that
can be provided to parents and guardians of students regarding healthy
nutrition and health risks associated with a student's weight such as
asthma, chronic bronchitis, and other chronic respiratory diseases.
 
Section 3: Effective Date.
 
 
JUSTIFICATION:
 
The growing prevalence of overweight and obese children is a crisis that
is facing the entire nation. Obesity related health care expenditures in
New York are some of the highest in the nation.  Further, contrary to
the lower prevalence of obesity among adults, children in New York are
more likely to be obese or overweight when compared to national trends.
 
Obesity and overweight conditions in individuals are leading to higher
incidences of life threatening conditions and substantial economic costs
both to the State of New York for health care costs and to employers in
lost work time and higher health care costs. Obesity in children tends
to manifest itself more widely among poorer children and children whose
parents have lower education levels.
 
The rising incidence of childhood obesity is a serious medical problem
that continues to grow, especially among poorer and minority communi-
ties. Further, obesity is known to cause or exacerbate a number of seri-
ous chronic medical disorders including hypertension, dyslipidemia,
cardiovascular disease, diabetes, and respiratory dysfunction. Nearly
80% of patients with diabetes mellitus are obese, while nearly 70% of
diagnosed cases of cardiovascular disease are related to obesity.
 
While the high prevalence of obesity and overweight conditions is an
important public health concern when it affects adults. It should be of
heightened concern that this adult affliction is now becoming more
common among children. When obesity conditions afflict children this
poses, significant quality of life detriments to such persons, reduces
the productivity of such individuals over a longer time of their life,
and hastens the onset of many chronic conditions that can hurt the qual-
ity of life of such persons and their families.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.6504A of 2015 died in education
2014 - S.2437 - Passed Senate Related to S.6423 of 2012 (Klein) that
contains a more comprehensive expansion of obesity programs to combat
obesity in adults and children.
Same as S.7113 of 2012.
 
 
EFFECTIVE DATE:
Immediate, except section one, two and three shall take effect two years
after the act shall have become law.

A05151 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5151--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on  Education -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  ordered  reprinted  as amended and
          recommitted to said committee

        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
    21  be  more than twelve months prior to the commencement of the school year
    22  in which the examination is  required,  and  shall  state  whether  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08192-04-7
        A. 5151--B                          2
 
     1  student  is in a fit condition of health to permit his or her attendance
     2  at the public schools.   The examination may  include  a  diabetes  risk
     3  analysis. Each such certificate shall also state the student's body mass
     4  index  (BMI)  and  weight status category. For purposes of this section,
     5  BMI is computed as the weight in kilograms  divided  by  the  square  of
     6  height in meters or the weight in pounds divided by the square of height
     7  in  inches multiplied by a conversion factor of 703. Weight status cate-
     8  gories for children and adolescents shall be as defined by  the  commis-
     9  sioner  of  health.  In  all  school districts such physician, physician
    10  assistant or nurse practitioner shall determine whether a one-time  test
    11  for  sickle  cell  anemia  is necessary or desirable and he or she shall
    12  conduct such a test and the certificate shall state the results.
    13    § 2. Subdivisions 4 and 5 of section 918  of  the  education  law,  as
    14  added  by  chapter  493  of  the  laws  of  2004, are amended to read as
    15  follows:
    16    4. The committee is encouraged to study and  make  recommendations  on
    17  all  facets  of the current nutritional policies of the district includ-
    18  ing, but not limited to, the goals of the district to  promote  [health]
    19  wellness  and  proper  nutrition,  vending machine sales[,]; menu crite-
    20  ria[,]; educational curriculum teaching  healthy  nutrition[,];  promote
    21  the  achievement and maintenance of healthy weight; educational informa-
    22  tion provided to parents or guardians regarding  healthy  nutrition  and
    23  the health risks associated with obesity, asthma, chronic bronchitis and
    24  other  chronic  respiratory disease; opportunities offered to parents or
    25  guardians on how to encourage healthier eating  habits  to  students[,];
    26  and  the education provided to teachers and other staff as to the impor-
    27  tance of healthy nutrition  and  the  health  risks  associated  with  a
    28  student's  weight.  In addition the committee shall consider recommenda-
    29  tions and practices of other districts and nutrition studies.
    30    5. The committee is encouraged to report periodically to the  district
    31  regarding practices that will educate teachers, parents or guardians and
    32  children  about  healthy nutrition and raise awareness of the dangers of
    33  obesity,  asthma,  chronic  bronchitis  and  other  chronic  respiratory
    34  diseases.  The committee is encouraged also to provide any parent teach-
    35  er associations in the district with such findings and recommendations.
    36    § 3. This act shall take effect two years after it shall have become a
    37  law.

A05151 LFIN:

 
NO LFIN

A05151 Chamber Video/Transcript: