Assembly Bill A5745

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5745
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, K. BROWN -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to creating substance use
   prevention and recovery resource materials for schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  804 of the education law, as
 amended by chapter 390 of the laws  of  2016,  is  amended  to  read  as
 follows:
   4.  (A)  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.
   (B) INSTRUCTION REGARDING ALCOHOL, TOBACCO, AND OTHER DRUGS  MAY  ALSO
 INCLUDE  SUBSTANCE USE PREVENTION AND RECOVERY RESOURCE MATERIALS DEVEL-
 OPED AND UPDATED ANNUALLY BY THE COMMISSIONER IN CONSULTATION  WITH  THE
 OFFICE  OF  ADDICTION  SERVICES AND SUPPORTS. THE COMMISSIONER SHALL, IN
 DEVELOPING THE SUBSTANCE USE PREVENTION AND RECOVERY RESOURCE MATERIALS,
 USE EFFECTIVE, RESEARCH-PROVEN, INTERACTIVE TEACHING METHODS  AND  TECH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09926-01-5
              

 A. 5745                             2
 
 NOLOGIES.  SUCH  RESOURCE  MATERIALS SHALL BE DISTRIBUTED TO EACH SCHOOL
 DISTRICT WITHIN THE STATE AND SHALL BE MADE  AVAILABLE  ON  THE  DEPART-
 MENT'S WEBSITE. THE RESOURCE MATERIALS SHALL PROVIDE:
   (I)  STUDENTS,  PARENTS, AND SCHOOL STAFF WITH SCIENTIFIC, SOCIAL, AND
 EMOTIONAL LEARNING CONTENT TO HELP THEM UNDERSTAND THE RISK OF DRUG USE.
   (II) INFORMATION SPECIFICALLY TARGETING THE  DANGERS  OF  PRESCRIPTION
 PAIN MEDICATION AND HEROIN ABUSE.
   (III)  GUIDANCE  FOR  SCHOOL DISTRICTS AND EDUCATORS REGARDING STUDENT
 INSTRUCTION IN THE TOPICS OF SUBSTANCE USE PREVENTION AND RECOVERY AT AN
 AGE AND DEVELOPMENTALLY APPROPRIATE LEVEL.
   (IV) AGE-APPROPRIATE,  COMPREHENSIVE,  REALITY-BASED,  SAFETY-FOCUSED,
 MEDICALLY   ACCURATE  AND  EVIDENCE-INFORMED  INFORMATION  THAT  REDUCES
 SUBSTANCE USE RISK FACTORS AND PROMOTES PROTECTIVE FACTORS.
   (V) INFORMATION ABOUT WHERE TO  LOCATE  STORIES  AND  PERSPECTIVES  OF
 PEOPLE  WITH LIVED EXPERIENCES FOR INCORPORATION INTO CLASSROOM INSTRUC-
 TION.
   (VI) RESOURCES REGARDING HOW TO  MAKE  SUBSTANCE  USE  PREVENTION  AND
 RECOVERY INSTRUCTION INTERACTIVE AT EACH GRADE LEVEL.
   (VII)  INFORMATION  ON HOW SCHOOL DISTRICTS MAY INVOLVE PARENTS, CARE-
 GIVERS, TEACHERS, HEALTHCARE PROVIDERS, AND  COMMUNITY  MEMBERS  IN  THE
 INSTRUCTIONAL PROCESS.
   (VIII)  WAYS  TO CREATE INSTRUCTIONAL PROGRAMS THAT ARE REPRESENTATIVE
 OF DIVERSE DEMOGRAPHIC GROUPS AND APPROPRIATE FOR EACH AGE,  GRADE,  AND
 CULTURE REPRESENTED IN CLASSROOMS IN THIS STATE.
   (IX) RESOURCES THAT REFLECT THE PREVENTION CONTINUUM FROM UNIVERSAL TO
 SELECTED  TACTICS THAT ADDRESS YOUNG PEOPLE'S SUBSTANCE USE, AND CURRENT
 AND PROJECTED SUBSTANCE USE AND OVERDOSE TRENDS.
   (X) RESOURCES THAT REFLECT THE  IMPORTANCE  OF  EDUCATION  FOR  YOUTH,
 THEIR FAMILIES, AND THEIR COMMUNITY ABOUT:
   (A)  SUBSTANCE  TYPES,  THE  SUBSTANCE  USE  CONTINUUM,  THE IMPACT OF
 SUBSTANCES ON THE BRAIN AND BODY, AND CONTRIBUTING FACTORS THAT LEAD  TO
 SUBSTANCE USE, SUCH AS UNDERLYING CO-OCCURRING HEALTH ISSUES AND TRAUMA.
   (B) THE HISTORY OF DRUGS AND HEALTH POLICY IN THIS STATE AND THE COUN-
 TRY, THE IMPACT OF ZERO TOLERANCE, AND RESTORATIVE JUSTICE PRACTICES.
   (C)  RISK  MITIGATION  AND  HARM  REDUCTION,  INCLUDING ABSTINENCE AND
 RESPONDING TO AN OVERDOSE WITH THE USE OF OPIOID ANTAGONISTS AND  FENTA-
 NYL TEST STRIPS.
   (D)  ADDRESSING  ADVERSE CHILDHOOD EXPERIENCES, SUCH AS WITNESSING AND
 EXPERIENCING VIOLENCE, ABUSE, CAREGIVER LOSS, AND  OTHER  TRAUMA,  ESPE-
 CIALLY AMONG YOUNG PEOPLE OF COLOR.
   (E)  THE  SOCIAL AND HEALTH INEQUITIES AMONG RACIAL AND ETHNIC MINORI-
 TIES.
   (F) STRATEGIES AND RESOURCES FOR COPING WITH STRESS, TRAUMA, SUBSTANCE
 USE, AND OTHER RISKY BEHAVIOR IN NON-PUNITIVE WAYS TO  HELP  ONESELF  OR
 OTHERS.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.