The New York State Senate

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

                                  3887

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of A. NOLAN, CUSICK -- read once and referred to the
  Committee on Education

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 chap-
ter 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06654-02-5

A. 3887                             2

  [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-
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

A. 3887                             3

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, 2015.

                    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:

  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 chap-
ter 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06654-03-5

A. 3887--A                          2

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-
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.

A. 3887--A                          3

  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.