S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8912
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education  law,  in  relation  to  requiring  health
   education regarding gambling
 
   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 amended by chapter 390
 of the laws of 2016 and subdivision 1 as amended by  chapter  1  of  the
 laws of 2017, is amended to read as follows:
   § 804.  Health  education  regarding  mental  health,  alcohol, drugs,
 tobacco abuse, GAMBLING and the  prevention  and  detection  of  certain
 cancers.    1.  All  schools  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,
 tobacco,  GAMBLING  and  other  drugs and promote attitudes and behavior
 that enhance health, well being, and human dignity.
   3. Instruction regarding alcohol, tobacco, GAMBLING  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
 successive  grade levels with the purpose of developing desirable health
 behavior, attitudes, and knowledge as well as self-reliance and  problem
 solving capacity.
   4.  Instruction  regarding alcohol, tobacco, GAMBLING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13398-01-5
              
             
                          
                 A. 8912                             2
 
 required health education course at each of these levels in the  second-
 ary  schools curriculum. Students shall be required to demonstrate know-
 ledge in the subject area through the use of a test, graded  project  or
 report,  or any other means prescribed by the school authorities regard-
 ing alcohol, drugs, GAMBLING and  tobacco.  Any  such  course  shall  be
 taught by teachers holding a certificate to teach health. Related cours-
 es  in  the  secondary  school  curriculum  shall  be taught in a manner
 supportive of health education regarding alcohol, tobacco, GAMBLING  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.
   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.
   6. a. The commissioner may prescribe in regulations such health educa-
 tion courses  which  include  instruction  regarding  alcohol,  tobacco,
 GAMBLING  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,  howev-
 er, that school districts shall utilize either the curriculum for health
 education  instruction  regarding  alcohol,  tobacco, GAMBLING and other
 drugs prescribed by the commissioner or a course approved by the commis-
 sioner 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 subdivision one of this  section,  to  include  the
 most  up  to  date  age  appropriate information available regarding the
 misuse and abuse of alcohol, tobacco, GAMBLING and other drugs,  includ-
 ing  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 recom-
 mendations shall be the result of a collaboration  between  the  depart-
 ment,  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] CHAPTER ONE  HUNDRED
 EIGHTY-ONE  OF  THE LAWS OF TWO THOUSAND for the purpose of streamlining
 such curriculum and identifying any  outdated  components  that  may  be
 A. 8912                             3
 
 eliminated  or consolidated in order to ensure that students have suffi-
 cient 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 incidents
 including an understanding of student roles in emergency situations  and
 other  related  skills  designed  to  reduce  the  threat of violence in
 schools.
   7. School authorities shall provide the needed facilities,  time,  and
 place  for  the  instruction set forth herein and shall provide learning
 aids and curriculum resource materials  which  contribute  to  effective
 teaching  methods  and  learning  in health education regarding alcohol,
 tobacco, GAMBLING and other drugs.
   8. All pre-service training  programs  in  the  state  for  elementary
 teachers shall include adequate preparation regarding the instruction in
 alcohol,  tobacco,  GAMBLING  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
 department.
   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,  GAMBLING
 and other drugs.
   § 2. This act shall take effect immediately.