§ 21-960 Reporting on physical education.
AC § 21-960
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 a physical education report for the preceding academic year which shall include, but not be limited to the following information on a citywide basis: 1. The total number of students and average physical education class size; 2. The average frequency and average total minutes per week of physical education instruction provided to students; 3. The number and percentage of students who are receiving the required amount of physical education instruction; 4. The number and percentage of students who have an individualized education program that recommends adaptive physical education, disaggregated by classification of disability; 5. The number of designated full-time and part-time certified instructors providing physical education instruction; the ratio of certified instructors to students, including whether such instructor is a full-time certified instructor, part-time certified instructor, or uncertified instructor; the number of certified instructors who have received professional development concerning physical education instruction provided by the department in the preceding two school years; and the total number of certified instructors who attended multiple sessions of professional development concerning physical education instruction provided by the department in the preceding two school years, disaggregated by the number of trainings attended; 6. 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 and the names of such schools; (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 and the names of such schools; 7. Information regarding the department's supplemental physical education program, including but not limited to, "Move to Improve"; 8. The number of students who were permitted a substitution by the department; 9. A cross-referenced list of schools, including co-located schools, that share certified instructors with at least one other school and the number of certified instructors that are shared; 10. A description of the department's physical education scope and sequence, including the topics covered by such physical education scope and sequence; whether the department's physical education scope and sequence satisfies the requirements for physical education instruction pursuant to the New York state education department regulations; and the date of the last assessment and update of the physical education scope and sequence; and 11. Whether students with disabilities whose individualized education program recommends adaptive physical education are provided adaptive physical education and the number of students with disabilities whose individualized education program recommends adaptive physical education who receive adaptive physical education. c. Disaggregation of data.
1.The data required pursuant to this section shall be disaggregated by borough, community school district, district 75, and individual school.
2.The data required pursuant to paragraphs 2, 3, 4, and 8 of subdivision b of this section shall be disaggregated by demographic information including, but not limited to, the following categories: (a) Grade; (b) Race or ethnicity; (c) Gender; (d) Special education status; and (e) English language learner status. d. The report required pursuant to this section shall also include: 1. A summary of key findings; and 2. If the department is not in full compliance with physical education requirements pursuant to the New York state education department regulations, steps the department will take to achieve full compliance. e. 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 one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information. (L.L. 2015/102, 11/4/2015, eff. 11/4/2015; Am. L.L. 2019/126, 6/29/2019, eff. 12/26/2019; Am. L.L. 2019/127, 6/29/2019, eff. 6/29/2019)
