S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8540
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to enacting the "Fentanyl
   Fathers and Mothers act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "Fentanyl Fathers and Mothers act".
   § 2. Legislative  findings  and  intent.  The  legislature  finds  and
 declares that:
   (a) Fentanyl abuse and drug poisoning have become a significant public
 health crisis, with deadly consequences, particularly among youth;
   (b)  Public  awareness,  education,  and  the ability to recognize the
 signs of fentanyl poisoning are essential to saving lives;
   (c) Bereaved parents, who have lost children to fentanyl, can  provide
 the  most  compelling and impactful testimony to educate students on the
 dangers of fentanyl; and
   (d) Therefore, it is the intent of the legislature to mandate  compre-
 hensive fentanyl education and awareness in New York schools by leverag-
 ing  personal  stories  from  bereaved  parents, providing students with
 essential life-saving knowledge, and ensuring that naloxone is available
 to protect against overdose deaths. Through  these  measures,  this  act
 aims to save lives and prevent further tragedy due to fentanyl.
   §  3.  Subdivisions  2  and  4 of section 804 of the education law, as
 amended by chapter 390 of the laws of  2016,  are  amended  to  read  as
 follows:
   2. All schools shall include, as an integral part of health education,
 instruction so as to discourage the misuse and abuse of alcohol, tobacco
 and  other  drugs,  INCLUDING  FENTANYL AND OTHER SYNTHETIC OPIOIDS, and
 promote attitudes and behavior that  enhance  health,  well  being,  and
 human dignity.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11972-02-5
              

 A. 8540                             2
 
   4.  Instruction regarding alcohol, tobacco, and other drugs, INCLUDING
 FENTANYL AND OTHER SYNTHETIC OPIOIDS, 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, INCLUDING
 FENTANYL AND OTHER SYNTHETIC OPIOIDS. 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,  INCLUDING
 FENTANYL AND OTHER SYNTHETIC OPIOIDS. 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.
   §  4.  The  education  law is amended by adding a new section 804-e to
 read as follows:
   § 804-E. FENTANYL EDUCATION, AWARENESS AND RECOGNITION. 1. THE DEPART-
 MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL  DEVELOP  AND
 ADOPT  A  COMPREHENSIVE  FENTANYL  EDUCATION, AWARENESS, AND RECOGNITION
 PROGRAM FOR ALL PUBLIC, CHARTER, AND PRIVATE SCHOOLS IN THE STATE.
   2. THE PROGRAM SHALL INCLUDE, AT A MINIMUM, INSTRUCTION ON THE FOLLOW-
 ING TOPICS:
   (A) THE NATURE OF FENTANYL AND ITS ANALOGS, RISKS, AND LETHAL DOSE;
   (B) THE DANGERS OF UNPRESCRIBED PILLS,  ESPECIALLY  THOSE  LACED  WITH
 FENTANYL;
   (C) RECOGNITION OF FENTANYL OVERDOSE SYMPTOMS, INCLUDING HOW TO ADMIN-
 ISTER NALOXONE AND USE FENTANYL TEST STRIPS;
   (D)  STORIES  FROM BEREAVED PARENTS WHO HAVE LOST CHILDREN TO FENTANYL
 POISONING; AND
   (E) STRATEGIES TO RESIST PEER PRESSURE TO USE DRUGS  AND  THE  HARMFUL
 EFFECTS OF FENTANYL.
   3.  EACH  PUBLIC  SCHOOL DISTRICT AND PRIVATE SCHOOL SHALL ENSURE THAT
 STUDENTS IN GRADES SIX THROUGH TWELVE RECEIVE THIS EDUCATION ANNUALLY AS
 PART OF THE HEALTH EDUCATION CURRICULUM. THE CURRICULUM SHOULD BE TAUGHT
 BY CERTIFIED HEALTH EDUCATION TEACHERS.
   4. THE EDUCATION ON FENTANYL SHALL BE AN INTEGRAL PART OF  THE  HEALTH
 EDUCATION CURRICULUM REQUIRED FOR STUDENTS IN GRADES SIX THROUGH TWELVE.
 EACH SCHOOL SHALL PROVIDE AN ANNUAL, SCHOOL-WIDE ASSEMBLY OR CLASS-BASED
 INSTRUCTION  ON  FENTANYL  AWARENESS  AND  DRUG POISONING, INCLUDING THE
 FOLLOWING ELEMENTS:
   (A) A FILM WITH REAL-LIFE TESTIMONIES  FROM  INDIVIDUALS  IMPACTED  BY
 FENTANYL;
   (B) NALOXONE TRAINING AND OVERDOSE RECOGNITION;
   (C)  PRESENTATION  OF  FACTS  ON  FENTANYL'S RISKS, INCLUDING THE DRUG
 ENFORCEMENT ADMINISTRATION'S "ONE PILL CAN KILL" SHEET;
   (D) BEREAVED PARENT PRESENTATIONS SHARING AUTHENTIC EXPERIENCES; AND
   (E) SURVEYS TO MEASURE STUDENT UNDERSTANDING AND INTENT TO AVOID  DRUG
 USE POST-INSTRUCTION.
   5.  THE  DEPARTMENT  SHALL  PROVIDE SAMPLE INSTRUCTIONAL MATERIALS AND
 RESOURCES TO ASSIST SCHOOLS IN IMPLEMENTING THE PROGRAM.  SCHOOLS  SHALL
 COLLECT  AND  REPORT  FEEDBACK  FROM  STUDENTS AND FACULTY TO ASSESS THE
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 PROGRAM'S EFFECTIVENESS IN RAISING  AWARENESS  AND  PREVENTING  FENTANYL
 ABUSE.
   6. (A) ALL PUBLIC AND PRIVATE HIGH SCHOOLS SHALL ENSURE THE AVAILABIL-
 ITY  OF  NALOXONE  ON  SCHOOL  GROUNDS.  THE  DEPARTMENT OF HEALTH SHALL
 PROVIDE TRAINING FOR SCHOOL STAFF ON THE  PROPER  USE  OF  NALOXONE  AND
 OTHER  OPIOID  ANTAGONISTS.  SCHOOLS  MAY  ALSO  RECEIVE  FREE  NALOXONE
 DONATIONS FROM ORGANIZATIONS LIKE FENTANYLFATHERS.ORG.
   (B) EACH  SCHOOL  MUST  PROVIDE  INSTRUCTIONAL  MATERIALS  THAT  TEACH
 STUDENTS,  FACULTY,  AND STAFF HOW TO RECOGNIZE SIGNS OF AN OVERDOSE AND
 PROPERLY ADMINISTER NALOXONE.
   7. (A) SCHOOLS SHALL BE ENCOURAGED TO INVITE BEREAVED PARENTS WHO HAVE
 LOST CHILDREN TO FENTANYL TO SPEAK DURING FENTANYL EDUCATION ASSEMBLIES.
 THESE SPEAKERS WILL PROVIDE REAL-LIFE STORIES OF LOSS AND  HOPE,  EMPHA-
 SIZING THE CRITICAL IMPORTANCE OF PREVENTION AND AWARENESS.
   (B)  SCHOOLS  SHALL  BE  ENCOURAGED  TO  ESTABLISH STUDENTS ADVOCATING
 FENTANYL EDUCATION (S.A.F.E.) CLUBS, WITH  ASSISTANCE  FROM  FENTANYLFA-
 THERS.ORG, THAT WILL EMPOWER STUDENTS TO SPREAD AWARENESS ABOUT FENTANYL
 RISKS WITHIN THEIR COMMUNITIES.
   8.  SCHOOLS SHALL COLLECT DATA ON STUDENT ENGAGEMENT AND UNDERSTANDING
 THROUGH PRE- AND POST-SURVEYS, AS WELL AS ON THE USE OF  NALOXONE.  THIS
 DATA  WILL  BE SUBMITTED TO THE DEPARTMENT ANNUALLY TO ASSESS THE EFFEC-
 TIVENESS OF THE PROGRAM AND GUIDE FUTURE IMPROVEMENTS.
   § 5. The legislature shall appropriate funding to support  the  imple-
 mentation  of this act, including the creation of educational materials,
 training programs, naloxone distribution, and program evaluation.
   § 6. This act shall take effect on the first of July  next  succeeding
 the  date  on which it shall have become a law and shall apply to school
 years commencing on or after such effective date.