New York City Council Header
File #: Int 0644-2015    Version: Name: Requiring DOE to report information on physical education in NYC schools.
Type: Introduction Status: Enacted
Committee: Committee on Education
On agenda: 2/12/2015
Enactment date: 11/4/2015 Law number: 2015/102
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of education to report information on physical education in New York city schools.
Sponsors: Elizabeth S. Crowley, Daniel Dromm , Corey D. Johnson, Ben Kallos, Helen K. Rosenthal, Stephen T. Levin, Maria Del Carmen Arroyo, Fernando Cabrera , Margaret S. Chin, Andrew Cohen, Chaim M. Deutsch, Mathieu Eugene, Vanessa L. Gibson, Peter A. Koo, Karen Koslowitz, Rory I. Lancman, Deborah L. Rose, Ruben Wills, Rosie Mendez, Ydanis A. Rodriguez, Costa G. Constantinides, Mark Levine, Andy L. King, Ritchie J. Torres, Robert E. Cornegy, Jr., Jumaane D. Williams, Laurie A. Cumbo, James Vacca, Antonio Reynoso, Annabel Palma, Julissa Ferreras-Copeland, Rafael L. Espinal, Jr., Brad S. Lander, Darlene Mealy, David G. Greenfield, Alan N. Maisel, Donovan J. Richards, Inez D. Barron, Mark Treyger, Carlos Menchaca, Paul A. Vallone, Eric A. Ulrich, The Public Advocate (Ms. James)
Council Member Sponsors: 43
Summary: This bill would require the Department of Education to submit to the Speaker of the New York City Council and post on the Department’s website a report regarding information on physical education in New York City schools. The report would include but not be limited to the frequency and total minutes per week of physical education instruction provided to students in each grade level, and the frequency and total minutes per week of physical education provided to students who are receiving special education services or who are English-language learners. The report would also include the number of designated full-time and part-time state certified physical education teachers providing instruction at the school, information on all designated outdoor and indoor facilities used for physical education by the school, demographic information regarding the racial and ethnic composition of the school, the total number and percentage of schools that met all state physical education instructional requirements in the prior year, the average frequency and amount of physical education provided by schools for each grade level, the total number of full-time state certified physical education instructors employed by the Department for grades K through 12, the total number of full-time staff employed at the elementary, middle school, and high school levels, the total number of part-time state certified physical education instructors employed by the Department for grades K through 12, the total number of part-time staff employed at the elementary, middle school, and high school levels, a list of all schools that share state certified physical education instructors and/or gymnasium space with other schools, a list of all schools using non-gymnasium space to provide school-day physical instruction, and a list of all schools using off-site space to provide school-day physical education instruction.
Attachments: 1. Summary of Int. No. 644, 2. Int. No. 644 - 2/12/15, 3. Proposed Int. No. 644-A - 6/17/15, 4. Committee Report 6/17/15, 5. Hearing Testimony 6/17/15, 6. Hearing Transcript 6/17/15, 7. Committee Report 10/27/15, 8. Hearing Transcript 10/27/15, 9. October 29, 2015 - Stated Meeting Agenda with Links to Files, 10. Int. No. 644-B - FINAL, 11. Hearing Transcript of the Stated Meeting - October 29, 2015, 12. Fiscal Impact Statement, 13. Mayor's Letter, 14. Minutes of the Stated Meeting - October 29, 2015, 15. Local Law 102, 16. Annual Report on Physical Education in NYC Schools - SY 2016-17
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/4/2015BElizabeth S. Crowley City Council Recved from Mayor by Council  Action details Meeting details Not available
11/4/2015BElizabeth S. Crowley Mayor Signed Into Law by Mayor  Action details Meeting details Not available
11/4/2015BElizabeth S. Crowley Mayor Hearing Held by Mayor  Action details Meeting details Not available
10/29/2015BElizabeth S. Crowley City Council Sent to Mayor by Council  Action details Meeting details Not available
10/29/2015BElizabeth S. Crowley City Council Approved by CouncilPass Action details Meeting details Not available
10/27/2015*Elizabeth S. Crowley Committee on Education Hearing Held by Committee  Action details Meeting details Not available
10/27/2015*Elizabeth S. Crowley Committee on Education Amendment Proposed by Comm  Action details Meeting details Not available
10/27/2015*Elizabeth S. Crowley Committee on Education Amended by Committee  Action details Meeting details Not available
10/27/2015BElizabeth S. Crowley Committee on Education Approved by CommitteePass Action details Meeting details Not available
6/17/2015*Elizabeth S. Crowley Committee on Education Hearing Held by Committee  Action details Meeting details Not available
6/17/2015*Elizabeth S. Crowley Committee on Education Amendment Proposed by Comm  Action details Meeting details Not available
6/17/2015*Elizabeth S. Crowley Committee on Education Laid Over by Committee  Action details Meeting details Not available
2/12/2015*Elizabeth S. Crowley City Council Referred to Comm by Council  Action details Meeting details Not available
2/12/2015*Elizabeth S. Crowley City Council Introduced by Council  Action details Meeting details Not available

Int. No. 644-B

 

By Council Members Crowley, Dromm, Johnson, Kallos, Rosenthal, Levin, Arroyo, Cabrera, Chin, Cohen, Deutsch, Eugene, Gibson, Koo, Koslowitz, Lancman, Rose, Wills, Mendez, Rodriguez, Constantinides, Levine, King, Torres, Cornegy, Williams, Cumbo, Vacca, Reynoso, Palma, Ferreras-Copeland, Espinal, Lander, Mealy, Greenfield, Maisel, Richards, Barron, Treyger, Menchaca, Vallone, Ulrich and the Public Advocate (Ms. James)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of education to report information on physical education in New York city schools.

 

Be it enacted by the Council as follows:

 

Section 1. Title 21-A of the administrative code of the city of New York is amended by adding a new chapter 7 to read as follows:

                                                               Chapter 7. Physical Education Reporting

§21-960  Reporting on physical education.

a. For the purposes of this section, the following terms have the following meanings:

Adaptive physical education. The term “adaptive physical education” means a specially designed physical education program of developmental activities, games, sports, and rhythms suited to the interests, capabilities, and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of a regular physical education program, as specified in a student’s individualized education program.

Certified instructor. The term “certified instructor” means a teacher certified by the New York state department of education  as a physical education instructor.

Co-located school. The term “co-located school” means any public school serving students in the elementary, middle or high school grades, or any combination thereof, including any charter school, which shares space with another public school or organization  in a building within the city school district of the city of New York.

Physical education instruction. The term “physical education instruction” means physical fitness activities which satisfy the requirements for physical education curricula pursuant to the New York state education department regulations for the relevant grade.

Substitutions. The term “substitutions” means any extracurricular activities including, but not limited to, intramural and extramural athletic team activities or any other program which the department deems satisfies the state requirement for physical education instruction.

b. Not later than August 31, 2016, and annually thereafter on or before August 31, the department shall submit to the council and post conspicuously on the department’s website, in a manner searchable by individual school, school district, and borough, a report for the preceding academic year which shall include, but not be limited to the following:

1. The average frequency and average total minutes per week of physical education instruction provided to students in each grade level in each school,

2. For each grade level in each school, data specifying the frequency and total minutes per week of physical education instruction received by students in that grade, including (i) the number and percentage of students who are receiving the required amount of physical education instruction;  (ii) the number and percentage of students who are receiving less physical education than required; and (iii) the number and percentage of students who have an individualized education program that recommends adaptive physical education.  This data shall be disaggregated by (i) race and ethnicity; (ii) gender; (iii) special education status; and (iv) English language learner status; 

3. The number of designated full-time and part-time certified instructors providing instruction at the school; and the ratio of full time certified instructors to students at the school;

4. Information on all designated indoor and outdoor facilities used by the school for physical education instruction including, but not limited to:

(a) Information on all designated physical education instruction spaces inside or attached to the school including (i) the size of the space in square feet; (ii) whether the space is used for any purpose other than physical education instruction; and (iii) whether the space is used by any other schools including co-located schools in the same building;

(b) Information regarding all off-site indoor and outdoor spaces that are used by the school for the purpose of physical education instruction,  including but not limited to (i) the name and the location of the off-site space or facility; and (ii) whether the space is being used by any other schools including co-located schools in the same building;

5. Information regarding the department’s supplemental physical education program, including but not limited to, “Move to Improve”; 

6. Information regarding the number of students who were permitted a substitution by the department; and

7. A list of schools, including co-located schools, that share certified instructors with at least one other school.

c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 0 and 5 students, or contains an amount that would allow the amount of another category that is five or less to be deduced, the number shall be replaced with a symbol.

§2. This local law shall take effect immediately. 

 

 

 

 

ACK/AES

LS #3426

10/20/2015

650p