S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3887--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by  M. of A. NOLAN, CUSICK, SKOUFIS -- Multi-Sponsored by --
         M. of A. THIELE -- read once and referred to the Committee  on  Educa-
         tion  --  committee  discharged,  bill  amended,  ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the education law,  in  relation  to  clarifying  health
         education
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 804 of the education law, as added by  chapter  982
    2  of  the laws of 1977, the section heading as amended and subdivision 3-a
    3  as added by chapter 401 of the laws of 1998, subdivision 3 as amended by
    4  chapter 674 of the laws of 2004, subdivision 4 as amended by chapter 181
    5  of the laws of 2000 and paragraph a of subdivision 4 as amended by chap-
    6  ter 39 of the laws of 2014, is amended to read as follows:
    7    S 804. Health  education  regarding  MENTAL  HEALTH,  alcohol,  drugs,
    8  tobacco  abuse  and  the prevention and detection of certain cancers. 1.
    9  ALL SCHOOLS UNDER THE JURISDICTION OF THE DEPARTMENT SHALL  ENSURE  THAT
   10  THEIR  HEALTH  EDUCATION  PROGRAMS  RECOGNIZE THE MULTIPLE DIMENSIONS OF
   11  HEALTH BY INCLUDING MENTAL HEALTH  AND  THE  RELATION  OF  PHYSICAL  AND
   12  MENTAL  HEALTH  SO  AS  TO  ENHANCE STUDENT UNDERSTANDING, ATTITUDES AND
   13  BEHAVIORS THAT PROMOTE HEALTH, WELL-BEING AND HUMAN DIGNITY.
   14    2. All schools shall include, as an integral part of health education,
   15  instruction so as to discourage the misuse and abuse of alcohol,  tobac-
   16  co[,]  and  other  drugs and promote attitudes and behavior that enhance
   17  health, well being, and human dignity.
   18    [2.] 3. Instruction regarding alcohol, tobacco, and other drugs  shall
   19  be  included  in the health education provided for all elementary school
   20  pupils and shall be taught by  the  regular  classroom  teachers  or  by
   21  teachers  certified to teach health education. Such instruction shall be
   22  designed according to the needs and abilities of the pupils  at  succes-
   23  sive grade levels with the purpose of developing desirable health behav-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06654-03-5
       A. 3887--A                          2
    1  ior, attitudes, and knowledge as well as self-reliance and problem solv-
    2  ing capacity.
    3    [3.]  4.  Instruction  regarding alcohol, tobacco, and other drugs, in
    4  addition to continued health guidance in the junior high  school  grades
    5  and  the  senior  high  schools, shall be an integral part of a required
    6  health education course at each of these levels in the secondary schools
    7  curriculum. Students shall be required to demonstrate knowledge  in  the
    8  subject area through the use of a test, graded project or report, or any
    9  other  means  prescribed  by  the  school authorities regarding alcohol,
   10  drugs, and tobacco. Any such course shall be taught by teachers  holding
   11  a  certificate  to teach health. Related courses in the secondary school
   12  curriculum shall be taught in a manner supportive  of  health  education
   13  regarding  alcohol,  tobacco,  and other drugs. In addition, instruction
   14  regarding the dangers of driving while under the influence of alcohol or
   15  drugs shall be an integral part of a required health education course in
   16  the senior high schools. Such  instruction  shall  be  provided  in  all
   17  senior  high  schools  whether  or not these schools also provide driver
   18  education courses.
   19    [3-a.] 5. Instruction regarding methods of prevention and detection of
   20  certain cancers, including  but  not  limited  to  breast  cancer,  skin
   21  cancer,  testicular  cancer  and  other cancers where certain preventive
   22  measures have become generally accepted and  certain  detection  methods
   23  have been adopted and recommended generally to the public. Such instruc-
   24  tion  shall be an integral part of a required health education course at
   25  the senior high school level, in addition to continued  health  guidance
   26  in  senior  high  schools.  Any  such course shall be taught by teachers
   27  holding a certificate to teach health.
   28    [4.] 6. a. The commissioner may prescribe in regulations  such  health
   29  education  courses which include instruction regarding alcohol, tobacco,
   30  and other drugs as the commissioner may deem necessary and desirable for
   31  the welfare of pupils and the community. The contents may be  varied  to
   32  meet  the needs of particular school districts, or portions thereof, and
   33  need not be uniform throughout the state, provided, however, that school
   34  districts shall utilize  either  the  curriculum  for  health  education
   35  instruction regarding alcohol, tobacco and other drugs prescribed by the
   36  commissioner or a course approved by the commissioner in accordance with
   37  criteria established by the commissioner. The commissioner is authorized
   38  to  make  recommendations  to  the  board  of regents beginning December
   39  first, two thousand fourteen and every three years  thereafter  relating
   40  to  the  modernization of such instruction required pursuant to subdivi-
   41  sion one of this section, to include the most up to date age appropriate
   42  information available regarding the misuse and abuse of alcohol, tobacco
   43  and other drugs, including but not limited to heroin and  opioids.  Such
   44  instruction  shall include, but not be limited to, information regarding
   45  drugs and other substances that are more  prevalent  among  school  aged
   46  youth.  Such  recommendations  shall  be  the  result of a collaboration
   47  between the department, the office of  alcoholism  and  substance  abuse
   48  services  and  the  department of health. If the board of regents adopts
   49  such curriculum, the curriculum requirement shall take effect  no  later
   50  than the next school year after such curriculum has been adopted.
   51    b.  The  commissioner  shall  make available an interpersonal violence
   52  prevention education package for  grades  kindergarten  through  twelve,
   53  which  package may consist of student pamphlets, parent pamphlets, vide-
   54  otapes and other informative  materials  to  be  distributed  to  school
   55  districts,  and  shall encourage the use of such material as part of the
   56  health or other related curricula or programs.
       A. 3887--A                          3
    1    c. The regents shall review  the  health  curriculum  requirements  in
    2  existence  on  the  effective  date of this paragraph for the purpose of
    3  streamlining such curriculum and  identifying  any  outdated  components
    4  that  may be eliminated or consolidated in order to ensure that students
    5  have sufficient time and instruction to develop skills to address issues
    6  of violence prevention and mental health. To the extent appropriate, the
    7  regents shall modify the existing curriculum to provide greater focus on
    8  the  development  of  skills,  by  no later than middle school, that are
    9  needed to recognize, cope with and  address  potentially  violent  inci-
   10  dents[,]  including  an  understanding  of  [student's] STUDENT roles in
   11  emergency situations[, what to do when confronted with  another  student
   12  who  is  experiencing a mental health problem,] and other related skills
   13  designed to reduce the threat of violence in schools.
   14    [5.] 7. School authorities shall provide the needed facilities,  time,
   15  and  place for the instruction set forth herein and shall provide learn-
   16  ing aids and curriculum resource materials which contribute to effective
   17  teaching methods and learning in  health  education  regarding  alcohol,
   18  tobacco, and other drugs.
   19    [6.]  8. All pre-service training programs in the state for elementary
   20  teachers shall include adequate preparation regarding the instruction in
   21  alcohol, tobacco, and other drugs set forth herein, and no teacher shall
   22  be licensed except upon satisfactory demonstration of  the  competencies
   23  included  in  the  institutional  proposals  approved by the [education]
   24  department.
   25    [7.] 9. Nothing contained in this section shall be deemed to  diminish
   26  or  impair the duties of the commissioner with respect to the continuing
   27  program for  critical  health  problems  established  by  chapter  seven
   28  hundred  eighty-seven  of  the  laws  of nineteen hundred sixty-seven as
   29  amended. The commissioner shall coordinate actions taken under authority
   30  of this section with the provisions of said chapter as  they  relate  to
   31  health  education  in schools, inservice training and training programs,
   32  and curriculum or syllabus development regarding the deleterious effects
   33  resulting from the use, misuse, and abuse of alcohol, tobacco, and other
   34  drugs.
   35    S 2. This act shall take effect July 1, 2017.