S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6063--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of  A.  SOLAGES,  LINARES,  BICHOTTE,  SIMON, BLAKE,
  GUNTHER, BARRON, ARROYO, GRAF, MOSLEY -- Multi-Sponsored by --  M.  of
  A. COOK, McDONOUGH, SCHIMEL -- read once and referred to the Committee
  on  Education  -- recommitted to the Committee on Education in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1. Section 804 of the education law, as added by  chapter  982
of  the laws of 1977, the section heading as amended and subdivision 3-a
as added by chapter 401 of the laws of 1998, subdivision 3 as amended by
chapter 674 of the laws of 2004, subdivision 4 as amended by chapter 181
of the laws of 2000, and paragraph a of  subdivision  4  as  amended  by
chapter 39 of the laws of 2014, is amended to read as follows:
  S 804.  Health  education  regarding  MENTAL  HEALTH,  alcohol, drugs,
tobacco abuse and the prevention and detection of  certain  cancers.  1.
ALL  SCHOOLS  UNDER THE JURISDICTION OF THE DEPARTMENT SHALL ENSURE THAT
THEIR HEALTH EDUCATION PROGRAMS RECOGNIZE  THE  MULTIPLE  DIMENSIONS  OF
HEALTH  BY  INCLUDING  MENTAL  HEALTH  AND  THE RELATION OF PHYSICAL AND
MENTAL HEALTH SO AS TO  ENHANCE  STUDENT  UNDERSTANDING,  ATTITUDES  AND
BEHAVIORS THAT PROMOTE HEALTH, WELL-BEING AND HUMAN DIGNITY.
  2. All schools shall include, as an integral part of health education,
instruction  so as to discourage the misuse and abuse of alcohol, tobac-
co[,] and other drugs and promote attitudes and  behavior  that  enhance
health, well being, and human dignity.
  [2.]  3. Instruction regarding alcohol, tobacco, and other drugs shall
be included in the health education provided for all  elementary  school
pupils  and  shall  be  taught  by  the regular classroom teachers or by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06654-08-6
              

A. 6063--A                          2

teachers certified to teach health education. Such instruction shall  be
designed  according  to the needs and abilities of the pupils at succes-
sive grade levels with the purpose of developing desirable health behav-
ior, attitudes, and knowledge as well as self-reliance and problem solv-
ing capacity.
  [3.]  4.  Instruction  regarding alcohol, tobacco, and other drugs, in
addition to continued health guidance in the junior high  school  grades
and  the  senior  high  schools, shall be an integral part of a required
health education course at each of these levels in the secondary schools
curriculum. Students shall be required to demonstrate knowledge  in  the
subject area through the use of a test, graded project or report, or any
other  means  prescribed  by  the  school authorities regarding alcohol,
drugs, and tobacco. Any such course shall be taught by teachers  holding
a  certificate  to teach health. Related courses in the secondary school
curriculum shall be taught in a manner supportive  of  health  education
regarding  alcohol,  tobacco,  and other drugs. In addition, instruction
regarding the dangers of driving while under the influence of alcohol or
drugs shall be an integral part of a required health education course in
the senior high schools. Such  instruction  shall  be  provided  in  all
senior  high  schools  whether  or not these schools also provide driver
education courses.
  [3-a.] 5. Instruction regarding methods of prevention and detection of
certain cancers, including  but  not  limited  to  breast  cancer,  skin
cancer,  testicular  cancer  and  other cancers where certain preventive
measures have become generally accepted and  certain  detection  methods
have been adopted and recommended generally to the public. Such instruc-
tion  shall be an integral part of a required health education course at
the senior high school level, in addition to continued  health  guidance
in  senior  high  schools.  Any  such course shall be taught by teachers
holding a certificate to teach health.
  [4.] 6. a. The commissioner may prescribe in regulations  such  health
education  courses which include instruction regarding alcohol, tobacco,
and other drugs as the commissioner may deem necessary and desirable for
the welfare of pupils and the community. The contents may be  varied  to
meet  the needs of particular school districts, or portions thereof, and
need not be uniform throughout the state, provided, however, that school
districts shall utilize  either  the  curriculum  for  health  education
instruction regarding alcohol, tobacco and other drugs prescribed by the
commissioner or a course approved by the commissioner in accordance with
criteria established by the commissioner. The commissioner is authorized
to  make  recommendations  to  the  board  of regents beginning December
first, two thousand fourteen and every three years  thereafter  relating
to  the  modernization of such instruction required pursuant to subdivi-
sion one of this section, to include the most up to date age appropriate
information available regarding the misuse and abuse of alcohol, tobacco
and other drugs, including but not limited to heroin and  opioids.  Such
instruction  shall include, but not be limited to, information regarding
drugs and other substances that are more  prevalent  among  school  aged
youth.  Such  recommendations  shall  be  the  result of a collaboration
between the department, the office of  alcoholism  and  substance  abuse
services  and  the  department of health. If the board of regents adopts
such curriculum, the curriculum requirement shall take effect  no  later
than the next school year after such curriculum has been adopted.
  b.  The  commissioner  shall  make available an interpersonal violence
prevention education package for  grades  kindergarten  through  twelve,
which  package may consist of student pamphlets, parent pamphlets, vide-

A. 6063--A                          3

otapes and other informative  materials  to  be  distributed  to  school
districts,  and  shall encourage the use of such material as part of the
health or other related curricula or programs.
  c.  The  regents  shall  review  the health curriculum requirements in
existence on the effective date of this paragraph  for  the  purpose  of
streamlining  such  curriculum  and  identifying any outdated components
that may be eliminated or consolidated in order to ensure that  students
have sufficient time and instruction to develop skills to address issues
of violence prevention and mental health. To the extent appropriate, the
regents shall modify the existing curriculum to provide greater focus on
the  development  of  skills,  by  no later than middle school, that are
needed to recognize, cope with and  address  potentially  violent  inci-
dents[,]  including  an  understanding  of  [student's] STUDENT roles in
emergency situations[, what to do when confronted with  another  student
who  is  experiencing a mental health problem,] and other related skills
designed to reduce the threat of violence in schools.
  [5.] 7. School authorities shall provide the needed facilities,  time,
and  place for the instruction set forth herein and shall provide learn-
ing aids and curriculum resource materials which contribute to effective
teaching methods and learning in  health  education  regarding  alcohol,
tobacco, and other drugs.
  [6.]  8. All pre-service training programs in the state for elementary
teachers shall include adequate preparation regarding the instruction in
alcohol, tobacco, and other drugs set forth herein, and no teacher shall
be licensed except upon satisfactory demonstration of  the  competencies
included  in  the  institutional  proposals  approved by the [education]
department.
  [7.] 9. Nothing contained in this section shall be deemed to  diminish
or  impair the duties of the commissioner with respect to the continuing
program for  critical  health  problems  established  by  chapter  seven
hundred  eighty-seven  of  the  laws  of nineteen hundred sixty-seven as
amended. The commissioner shall coordinate actions taken under authority
of this section with the provisions of said chapter as  they  relate  to
health  education  in schools, inservice training and training programs,
and curriculum or syllabus development regarding the deleterious effects
resulting from the use, misuse, and abuse of alcohol, tobacco, and other
drugs.
  S 2. This act shall take effect July 1, 2017.