S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2585
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Alcoholism and Drug Abuse
       AN ACT to amend the education law, in relation to a mental health educa-
         tion curriculum
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative intent. The legislature recognizes the impor-
    2  tance of providing a quality education to all New York students. Quality
    3  education must continue to include comprehensive health education. While
    4  schools presently provide instruction in health education, the  legisla-
    5  ture  finds it important that the law provide the flexibility to reflect
    6  current learning standards and curriculum development as administered by
    7  the New York State Education  Department  and  local  school  districts.
    8  Furthermore, it is important that statute recognize developing technolo-
    9  gy and existing curriculum materials to ensure that schools and teachers
   10  are  provided with the most beneficial health education information, and
   11  that both  health  and  mental  health  are  taught  with  the  idea  of
   12  prevention,  cure  and control and without stigma or emotional harm. The
   13  law should provide flexibility to allow the commissioner of education to
   14  respond to the changing needs of the educational  community  to  provide
   15  students  with the tools and resources to live healthy lives, as it will
   16  only serve to improve educational performance and student outcomes.
   17    S 2. Section 804 of the education law, as added by chapter 982 of  the
   18  laws  of  1977,  the  section  heading as amended and subdivision 3-a as
   19  added by chapter 401 of the laws of 1998, subdivision 3  as  amended  by
   20  chapter 674 of the laws of 2004, subdivision 4 as amended by chapter 181
   21  of  the  laws  of  2000,  and paragraph a of subdivision 4 as amended by
   22  chapter 39 of the laws of 2014, is amended to read as follows:
   23    S 804. Health education [regarding alcohol, drugs, tobacco  abuse  and
   24  the prevention and detection of certain cancers]. 1. All schools [shall]
   25  ARE  ENCOURAGED  TO  include,  as  an integral part of health education,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08317-01-5
       S. 2585                             2
    1  instruction [so as to discourage the misuse and abuse of alcohol, tobac-
    2  co, and other drugs and promote  attitudes  and  behavior  that  enhance
    3  health, well being, and human dignity.] IN THE UNDERSTANDINGS, ATTITUDES
    4  AND  BEHAVIORS  WITH  REGARD  TO  THE SEVERAL DIMENSIONS OF HEALTH. THIS
    5  INSTRUCTION SHALL RELATE TO ALCOHOL, TOBACCO AND  OTHER  DRUGS,  SAFETY,
    6  MENTAL  HEALTH,  NUTRITION,  DENTAL  HEALTH, SENSORY PERCEPTION, DISEASE
    7  PREVENTION  AND  CONTROL,  ENVIRONMENTAL  AND  PUBLIC  HEALTH,  CONSUMER
    8  HEALTH, FIRST AID, AND OTHER HEALTH-RELATED AREAS. SUCH HEALTH EDUCATION
    9  SHALL  BE ADMINISTERED AND ASSESSED WITH THE GOALS OF PROVIDING STUDENTS
   10  WITH THE NECESSARY KNOWLEDGE AND SKILLS TO: ESTABLISH AND MAINTAIN PHYS-
   11  ICAL FITNESS, PARTICIPATE IN PHYSICAL ACTIVITY;  AND  MAINTAIN  PERSONAL
   12  HEALTH;  ACQUIRE THE KNOWLEDGE AND ABILITY NECESSARY TO CREATE AND MAIN-
   13  TAIN A SAFE AND HEALTHY ENVIRONMENT; UNDERSTAND AND MANAGE PERSONAL  AND
   14  COMMUNITY RESOURCES TO SUSTAIN OVERALL HEALTH.
   15    1-A.  SUCH  HEALTH  EDUCATION  SHALL BE PROVIDED IN AN AGE-APPROPRIATE
   16  MANNER BY THE REGULAR CLASSROOM TEACHER, OR BY A  TEACHER  CERTIFIED  TO
   17  TEACH HEALTH EDUCATION.
   18    1-B.  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS TO FULFILL THE
   19  REQUIREMENTS OF THIS SECTION AND TO ENSURE THAT  STUDENTS  ARE  PROPERLY
   20  INSTRUCTED  IN  THESE  AREAS VITAL TO ENSURING CONTINUING DEVELOPMENT OF
   21  HEALTH SKILLS AND PROVIDING ACCESS TO AVAILABLE RESOURCES FOR  PROMOTING
   22  HEALTHY LIVING.
   23    2.  Instruction  regarding  alcohol, tobacco, and other drugs shall be
   24  included in the health education  provided  for  all  elementary  school
   25  pupils  and  shall  be  taught  by  the regular classroom teachers or by
   26  teachers certified to teach health education. Such instruction shall  be
   27  designed  according  to the needs and abilities of the pupils at succes-
   28  sive grade levels with the purpose of developing desirable health behav-
   29  ior, attitudes, and knowledge as well as self-reliance and problem solv-
   30  ing capacity.
   31    3. Instruction regarding alcohol, tobacco, and other drugs,  in  addi-
   32  tion  to  continued health guidance in the junior high school grades and
   33  the senior high schools, shall be an integral part of a required  health
   34  education  course  at  each  of  these  levels  in the secondary schools
   35  curriculum. [Students shall be required to demonstrate knowledge in  the
   36  subject area through the use of a test, graded project or report, or any
   37  other  means  prescribed  by  the  school authorities regarding alcohol,
   38  drugs, and tobacco.] Any such course shall be taught by teachers holding
   39  a certificate to teach health. Related courses in the  secondary  school
   40  curriculum  shall  be  taught in a manner supportive of health education
   41  regarding alcohol, tobacco, and other drugs.  In  addition,  instruction
   42  regarding the dangers of driving while under the influence of alcohol or
   43  drugs shall be an integral part of a required health education course in
   44  the  senior  high  schools.  Such  instruction  shall be provided in all
   45  senior high schools whether or not these  schools  also  provide  driver
   46  education courses.
   47    3-a.  Instruction  regarding  methods  of  prevention and detection of
   48  certain cancers, including  but  not  limited  to  breast  cancer,  skin
   49  cancer,  testicular  cancer  and  other cancers where certain preventive
   50  measures have become generally accepted and  certain  detection  methods
   51  have been adopted and recommended generally to the public. Such instruc-
   52  tion  shall be an integral part of a required health education course at
   53  the senior high school level, in addition to continued  health  guidance
   54  in  senior  high  schools.  Any  such course shall be taught by teachers
   55  holding a certificate to teach health.
       S. 2585                             3
    1    4. a. [The commissioner  may  prescribe  in  regulations  such  health
    2  education  courses which include instruction regarding alcohol, tobacco,
    3  and other drugs as the commissioner may deem necessary and desirable for
    4  the welfare of pupils and the community] THE COMMISSIONER SHALL  PROMUL-
    5  GATE  REGULATIONS  TO  FULFILL  THE  REQUIREMENTS OF THIS SECTION AND TO
    6  ENSURE THAT STUDENTS ARE PROPERLY INSTRUCTED IN  THESE  AREAS  VITAL  TO
    7  CONTINUING  DEVELOPMENT  OF HEALTH SKILLS AND PROVIDING ACCESS TO AVAIL-
    8  ABLE RESOURCES FOR PROMOTING HEALTHY LIVING, INCLUDING BUT  NOT  LIMITED
    9  TO INSTRUCTION ON THE IMPORTANCE OF SEEKING COUNSELING TO ADDRESS MENTAL
   10  HEALTH  ISSUES  THAT  ARE  IMPACTING  A STUDENT'S ABILITY TO LEARN.  The
   11  contents may be varied to meet the needs of particular school districts,
   12  or portions thereof, and need  not  be  uniform  throughout  the  state,
   13  provided,  however,  that  school  districts  shall  utilize  either the
   14  curriculum for health education instruction [regarding alcohol,  tobacco
   15  and  other drugs] prescribed by the commissioner or a course approved by
   16  the commissioner in accordance with criteria established by the  commis-
   17  sioner.  The  commissioner  is authorized to make recommendations to the
   18  board of regents beginning December first,  two  thousand  fourteen  and
   19  every  three  years  thereafter  relating  to  the modernization of such
   20  instruction required pursuant to subdivision one  of  this  section,  to
   21  include  the  most  up  to  date  age  appropriate information available
   22  regarding the misuse and abuse of  alcohol,  tobacco  and  other  drugs,
   23  including  but not limited to heroin and opioids. Such instruction shall
   24  include, but not be limited to, information regarding  drugs  and  other
   25  substances  that are more prevalent among school aged youth. Such recom-
   26  mendations shall be the result of a collaboration  between  the  depart-
   27  ment,  the  office  of  alcoholism  and substance abuse services and the
   28  department of health. If the board of regents  adopts  such  curriculum,
   29  the  curriculum  requirement  shall  take  effect no later than the next
   30  school year after such curriculum has been adopted.
   31    b. The commissioner shall make  available  an  interpersonal  violence
   32  prevention  education  package  for  grades kindergarten through twelve,
   33  which package may consist of student pamphlets, parent pamphlets,  vide-
   34  otapes  and  other  informative  materials  to  be distributed to school
   35  districts, and shall encourage the use of such material as part  of  the
   36  health or other related curricula or programs.
   37    c.  The  regents  shall  review  the health curriculum requirements in
   38  existence on the effective date of this paragraph  for  the  purpose  of
   39  streamlining  such  curriculum  and  identifying any outdated components
   40  that may be eliminated or consolidated in order to ensure that  students
   41  have sufficient time and instruction to develop skills to address issues
   42  of violence prevention and mental health. To the extent appropriate, the
   43  regents shall modify the existing curriculum to provide greater focus on
   44  the  development  of  skills,  by  no later than middle school, that are
   45  needed to recognize, cope with and  address  potentially  violent  inci-
   46  dents,  including an understanding of student's roles in emergency situ-
   47  ations, what to do when confronted with another student who is  [experi-
   48  encing  a  mental  health  problem, and other related skills designed to
   49  reduce the threat of violence in schools] EXHIBITING BEHAVIOR THAT CAUS-
   50  ES CONCERN OR ALARM FOR THE SAFETY OF THE STUDENT OR OTHERS.
   51    5. School authorities shall provide the needed facilities,  time,  and
   52  place  for  the  instruction set forth herein and shall provide learning
   53  aids and curriculum resource materials  which  contribute  to  effective
   54  teaching  methods  and  learning in health education [regarding alcohol,
   55  tobacco, and other drugs].
       S. 2585                             4
    1    6. All pre-service training  programs  in  the  state  for  elementary
    2  teachers shall include adequate preparation regarding the instruction in
    3  alcohol, tobacco, and other drugs set forth herein, and no teacher shall
    4  be  licensed  except upon satisfactory demonstration of the competencies
    5  included  in  the  institutional  proposals  approved  by  the education
    6  department.
    7    7. Nothing contained in this section shall be deemed  to  diminish  or
    8  impair  the  duties  of  the commissioner with respect to the continuing
    9  program for  critical  health  problems  established  by  chapter  seven
   10  hundred  eighty-seven  of  the  laws  of nineteen hundred sixty-seven as
   11  amended. The commissioner shall coordinate actions taken under authority
   12  of this section with the provisions of said chapter as  they  relate  to
   13  health  education  in schools, inservice training and training programs,
   14  and  curriculum  or  syllabus  development  [regarding  the  deleterious
   15  effects  resulting  from the use, misuse, and abuse of alcohol, tobacco,
   16  and other drugs].
   17    S 3. This act shall take effect immediately, provided that the commis-
   18  sioner of education may promulgate any rules  or  regulations  necessary
   19  for the implementation of this act.