S T A T E O F N E W Y O R K
________________________________________________________________________
7074
2013-2014 Regular Sessions
I N A S S E M B L Y
May 1, 2013
___________
Introduced by M. of A. SALADINO -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to requiring parents to
conduct or cause to be conducted drug tests on their children entering
grades nine through twelve, inclusive
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
"Jonny's law".
S 2. Section 912-a of the education law, as amended by chapter 477 of
the laws of 2004, is amended to red as follows:
S 912-a. Urine analysis; drug detection. 1. (A) The school authorities
of each school district within the state may cause all children attend-
ing grades seven through twelve, inclusive, in the public and private
schools located within such districts, to be separately and carefully
examined in order to ascertain whether any such children are making use
of dangerous drugs.
[2.] (B) Such examination may be made only upon the written request or
consent of a parent of, or person in parental relation to, a child. Such
examination shall be conducted without notice to the child and shall
include the supervised taking of a urine sample which shall be analyzed
for such drugs and in accordance with such standards as shall be accept-
able to the New York state office of alcoholism and substance abuse
services, or its successor agency. The results of such examination shall
be promptly forwarded to the school authorities. If it should be ascer-
tained, upon such test or examination, that any child is making use of
dangerous drugs, the school authorities shall report same to the social
services department for the social services district wherein such school
is located and to the parent of, or person in parental relation to, such
child together with a statement to such parent or person in parental
relation as to available programs and facilities to combat such danger-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08268-01-3
A. 7074 2
ous drug usage. The local social services department shall be empowered,
in an appropriate case, to take such action and offer such protective
social services as are prescribed by title six of article six of the
social services law.
[3.] (C) Except as required in this section, information resulting
from an examination conducted pursuant to this section shall be kept
confidential and shall not be used for law enforcement purposes but may
be utilized only for statistical, epidemiological or research purposes.
[4.] (D) Any record or information compiled from such examination
which identifies an individual student as a user of dangerous drugs
shall be maintained separate and apart from such student's other educa-
tional records and in appropriate confidence and shall be destroyed upon
such student's graduation or final severance from the secondary educa-
tional school system in this state.
2. (A) EACH PARENT OF A CHILD ENTERING INTO GRADES NINE THROUGH TWELVE
IN A SCHOOL DISTRICT WITHIN THE STATE SHALL CONDUCT OR CAUSE TO BE
CONDUCTED A DRUG TEST ON HIS OR HER CHILD OR CHILDREN WHO WILL BE ENTER-
ING GRADE NINE, TEN, ELEVEN OR TWELVE IN ANY PUBLIC OR PRIVATE SCHOOL
LOCATED WITHIN SUCH DISTRICT. SUCH DRUG TEST MAY BE CONDUCTED BY THE
PARENT BY ADMINISTERING AN AT-HOME DRUG TESTING KIT OR THE PARENT MAY
CAUSE THE TEST TO BE CONDUCTED AT A LOCATION OR BY AN INDIVIDUAL
APPROVED BY THE COMMISSIONER.
(B) EACH PARENT SHALL BE REQUIRED TO SUBMIT A SIGNED STATEMENT OR
AFFIDAVIT UPON THE STUDENT'S ENTRANCE IN GRADES NINE, TEN, ELEVEN AND
TWELVE IN SUCH FORM AS TO BE PRESCRIBED BY THE COMMISSIONER, STATING
THAT SUCH PARENT CONDUCTED OR CAUSED TO BE CONDUCTED A DRUG TEST ON
THEIR CHILD AND THAT THE RESULTS OF SUCH TEST WERE OBSERVED BY SAID
PARENT.
(C) THE DEPARTMENT SHALL BY RULE AND REGULATION ESTABLISH GUIDELINES
FOR HELPING PARENTS COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
(D) INFORMATION RESULTING FROM AN EXAMINATION CONDUCTED PURSUANT TO
THIS SUBDIVISION SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE USED FOR
LAW ENFORCEMENT PURPOSES BUT MAY BE UTILIZED ONLY FOR STATISTICAL,
EPIDEMIOLOGICAL OR RESEARCH PURPOSES.
(E) ANY RECORD OR INFORMATION COMPILED FROM SUCH EXAMINATION WHICH
IDENTIFIES AN INDIVIDUAL STUDENT AS A USER OF DANGEROUS DRUGS SHALL BE
MAINTAINED SEPARATE AND APART FROM SUCH STUDENT'S OTHER EDUCATIONAL
RECORDS AND IN APPROPRIATE CONFIDENCE AND SHALL BE DESTROYED UPON SUCH
STUDENT'S GRADUATION OR FINAL SEVERANCE FROM THE SECONDARY EDUCATIONAL
SCHOOL SYSTEM IN THIS STATE.
(F) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS: (I) "DRUG TEST" MEANS ANALYSIS OF A BODY
COMPONENT SAMPLE APPROVED BY THE COMMISSIONER FOR THE PURPOSE OF MEASUR-
ING THE PRESENCE OR ABSENCE OF DRUGS OR THEIR METABOLITES IN THE SAMPLE
TESTED.
(II) "AT-HOME DRUG TESTING KIT" MEANS A PORTABLE IMMUNOASSAY PROCEDURE
OR AN EQUIVALENT, CLEARED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION
FOR COMMERCIAL DISTRIBUTION, TO IDENTIFY NEGATIVE AND PRESUMPTIVE POSI-
TIVE SPECIMENS, WHICH MAY BE ADMINISTERED AT A LOCATION OUTSIDE OF A
LABORATORY.
(III) "PARENT" INCLUDES A PERSON STANDING IN PARENTAL RELATION, THE
CUSTODIAL PARENT OR A LEGAL GUARDIAN.
Notwithstanding any provision of this section to the contrary, no such
examination shall be required where a student objects thereto on the
grounds that such examinations conflict with their genuine and sincere
religious beliefs.
A. 7074 3
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.