S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7105
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 creating  standardized
   vaping and e-cigarette school guidelines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The legislature hereby  finds  and  declares  the  reported
 incidents  of e-cigarettes use referred to as "vaping" among youth lead-
 ing to nicotine addiction, serious illness and  death  to  be  a  public
 health  crisis  that  is growing in prevalence in middle grades and high
 schools throughout the state. The rates  of  adolescents  and  youth  in
 grades  eight  through  twelve using vaping products to consume nicotine
 has doubled in recent years with twenty-five percent of twelfth graders,
 twenty percent of tenth graders  and  nine  percent  of  eighth  graders
 reporting vaping. The New York state department of health has reported a
 one hundred sixty percent increase in four years of high school students
 using  e-cigarettes.  The  use  of  e-cigarettes  through vaping devices
 delivers addictive nicotine  in  more  powerful,  higher  doses  leading
 adolescents  to  long-term health consequences, illnesses, related prob-
 lems and possibly death. Public school officials  throughout  the  state
 are grappling with monitoring and detecting vaping use on school proper-
 ty,  posing  an  increasing  demand on school health, guidance and pupil
 support personnel and additional administrative responsibilities result-
 ing from the surge in youth e-cigarette usage.  There is no debate  that
 use  of  e-cigarettes  through vaping devices is harmful to young people
 with detrimental lifelong health consequences.  Therefore, the  legisla-
 ture  finds that the appropriate state agencies overseeing education and
 health shall  work  collaboratively  to  develop  guidelines  to  assist
 schools with developing policies and procedures and access any potential
 related  funding  to  discourage  and combat the rise in e-cigarette use
 among youth.
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 57 to read as follows:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14660-01-0

 S. 7105                             2
 
   57.  IN  ORDER  TO  ENSURE  STANDARDIZED WELL-INFORMED SCHOOL POLICIES
 REGARDING VAPING AND E-CIGARETTE USE IN SCHOOLS,  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE COMMISSIONER OF HEALTH, SHALL DEVELOP GUIDELINES
 FOR SCHOOL DISTRICTS TO ELECT TO USE WHEN DEVELOPING POLICIES  ON  E-CI-
 GARETTE  USE THROUGH VAPING DEVICES. THE COMMISSIONER SHALL UPDATE THESE
 GUIDELINES AS NECESSARY BASED ON HEALTH DATA AND EDUCATIONAL RESEARCH ON
 THE IMPLICATIONS OF E-CIGARETTE USE. SUCH GUIDELINES SHALL INCLUDE, AT A
 MINIMUM:
   A. A MODEL SCHOOL POLICY EXPRESSLY PROHIBITING VAPING AND  E-CIGARETTE
 USE  ON SCHOOL GROUNDS THAT CAN BE INCLUDED AS PART OF SCHOOL DISTRICTS'
 CODES OF CONDUCT OR OTHER SCHOOL POLICY;
   B. SPECIFIC PROPOSALS FOR AGE-APPROPRIATE  SCHOOL  DISTRICT  EDUCATION
 REGARDING  THE  HEALTH  RISKS  ASSOCIATED  WITH VAPING, INCLUDING HEALTH
 RISKS FOR CHILDREN;
   C.  SPECIFIC  AGE-APPROPRIATE  PROGRAMMING,  INCLUDING  SOCIAL   MEDIA
 OUTREACH,   FOR  DISCOURAGING  E-CIGARETTE  USE  AND  VAPING  BY  SCHOOL
 STUDENTS, AND OTHER RELATED INFORMATION THAT MAY BE  INCORPORATED  UNDER
 PARAGRAPH  (B)  OF  SUBDIVISION  TWO OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-II OF THE PUBLIC HEALTH LAW OR OTHER RELEVANT PROGRAM; AND
   D. LISTING OF AVAILABLE FUNDING SOURCES FOR SCHOOL DISTRICTS TO COMBAT
 E-CIGARETTE USE AND VAPING IN SCHOOLS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.