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**FOR IMMEDIATE RELEASE**

May 4, 2008
Contact: Sarah Krauss
(212) 669-4193; (917) 541-0936
Release #:16-2008

Gotbaum: DOE Strikes Out on Physical Education
Survey shows vast majority of NYC elementary and middle schools continue to violate state physical education mandates despite high childhood obesity rates

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MANHATTAN – Despite a growing obesity crisis, the Department of Education (DOE) fails to provide students with the adequate and legally mandated amount of physical education (P.E.), according to a new survey conducted by the Office of the Public Advocate. The survey, a follow-up to a 2004 report also conducted by the office, found that while small improvements in access to P.E. have been made, only 4% of third graders participate in P.E. class every day, as mandated by state law.

Public Advocate Betsy Gotbaum said, “Many schools are breaking the law by not complying with state mandates, and that’s a big problem because kids are not getting the exercise they need. We must work to curb rising obesity rates, and make sure exercise and physical wellness is a top priority. Perhaps the DOE should spend a little less time with excessive testing, to allow a little more time for vital physical activity.”

City Comptroller William C. Thompson, Jr. said, “It is imperative that we give student health and fitness the priority they deserve. We must expand physical education in our city’s public schools, particularly in elementary and middle schools, to address childhood obesity. Statistics show that childhood obesity has quadrupled in New York State since the 1970s and tripled in the past 10 years alone. It is critically important that our children be provided with healthy choices to serve their long-term interests.”

New York State’s regulations require students in kindergarten through 3rd grade to participate in physical education daily and grades 4 through 6 at least three times per week with a minimum of 120 minutes per week.

The latest survey was conducted by contacting 100 randomly selected public elementary schools (20 in each borough) and 50 randomly selected public middle schools. Surveyors asked specifically about P.E. classes provided to third, fourth and sixth graders.

Based on information provided by 93 elementary schools, the survey found that:
• 96 % violate state regulations requiring daily physical education for students in third grade.
• 88 % violate mandates of at least 120 minutes per week of physical education for fourth graders, up from 79% in 2004.
• 81 % do not have any athletic team or sports program (of the 100 schools that responded).

Based on a sample of 50 middle schools, the survey found that:
• 69 % violate state regulations requiring at least three P.E. classes per week totaling 120 minutes for sixth graders (49 schools provided information).
• 48 % do not have any athletic team or sports program.

In a 2003 survey conducted by the New York City Department of Health and Mental Hygiene (DOHMH) found that 43 percent of all elementary school students in New York City are overweight or obese. The DOHMH also noted that one in five kindergarteners and one in four first grade students are obese. A Center for Disease Control and Prevention analysis of the 2005 Youth Risk Behavior Survey of New York Students cited physical inactivity as a cause for the rising numbers of overweight students.

The Public Advocate is recommending the following actions to the DOE:
•Ensure that all public schools provide the amount of P.E. required by state regulations.
•Ensure that every school has one or more extracurricular sports program.
•Encourage schools to find additional ways to incorporate physical activity into the regular school day.
•Create an annual report stating the amount of P.E. provided in each school for each grade level.

The Public Advocate was joined today by Comptroller Thompson.

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