Senate Bill S7674

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

                                  7674

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  instruction  on  drug
  prevention, particularly opioids

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by  adding  two
new subdivisions 55 and 56 to read as follows:
  55.  A.  THE  COMMISSIONER  SHALL MAKE RECOMMENDATIONS TO THE BOARD OF
REGENTS RELATING TO THE ADOPTION OF INSTRUCTION  IN  ELEMENTARY  SCHOOLS
CONCERNING DRUG PREVENTION, PARTICULARLY OPIOIDS SUCH AS HEROIN, EFFECTS
OF DRUG USE, AND ADDICTION TREATMENT SERVICES.
  B.  IN  PROVIDING  THESE  RECOMMENDATIONS TO THE BOARD OF REGENTS, THE
COMMISSIONER SHALL:
  (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
TEACHER  EDUCATORS,  SCHOOL  PSYCHOLOGISTS,  SCHOOL  SOCIAL  WORKERS AND
OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED CURRICULUM;
  (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
  (III) SEEK COMMENT FROM THE STATE OFFICE OF ALCOHOLISM  AND  SUBSTANCE
ABUSE SERVICES;
  (IV) SEEK COMMENT FROM PROVIDERS OF THESE SERVICES, PARTICULARLY THOSE
WHO PROVIDE SERVICES FOR ADOLESCENTS;
  (V)  CONSIDER  THE  FISCAL  IMPACT,  IF  ANY,  ON THE STATE AND SCHOOL
DISTRICTS;
  (VI) CONSIDER THE RELEVANCE OF EXISTING REGULATIONS PERTAINING TO DRUG
USE AS PART OF THE SCHOOL HEALTH CURRICULUM AS IT RELATES TO THE CURRENT
INSTRUCTION OF ALCOHOL, DRUGS AND TOBACCO AND THAT RELATIONSHIP  TO  THE
UNDERSTANDING OF MENTAL HEALTH AS AN INTEGRAL PART OF HEALTH; AND
  (VII) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
  C. NO LATER THAN SIXTY DAYS BEFORE THE FOLLOWING SCHOOL YEAR AFTER THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A
RECOMMENDATION TO THE BOARD OF REGENTS TO EITHER  ADOPT  AND  PROMULGATE
APPROPRIATE RULES AND REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT
THE  IMPLEMENTATION  OF SUCH CURRICULUM. UPON RECEIVING A RECOMMENDATION

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

                                                           LBD14538-01-6

S. 7674                             2

FROM THE COMMISSIONER,  PURSUANT  TO  THIS  SUBDIVISION,  THE  BOARD  OF
REGENTS  SHALL VOTE TO EITHER ACCEPT OR REJECT THE COMMISSIONER'S RECOM-
MENDATION NO LATER THAN THIRTY DAYS AFTER RECEIVING SUCH RECOMMENDATION.
  D.  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.
  E.  IF  THE BOARD OF REGENTS REJECTS SUCH CURRICULUM, THE COMMISSIONER
SHALL PROVIDE A REPORT AS TO THE  DETERMINATION  OF  THE  BOARD  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON  EDUCA-
TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
  56.  THE  COMMISSIONER  SHALL  ON  A  BIENNIAL  BASIS  PROVIDE  SCHOOL
DISTRICTS WITH EDUCATIONAL INFORMATION RELATING TO  CURRENT  DRUG  ABUSE
ISSUES  IN  ORDER TO ENSURE INSTRUCTION PROVIDED PURSUANT TO SUBDIVISION
THREE OF SECTION EIGHT HUNDRED FOUR OF  THIS  CHAPTER  IS  RELEVANT  AND
CURRENT.
  S 2. This act shall take effect immediately.