S T A T E   O F   N E W   Y O R K
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                                  8528

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 13, 2011
                               ___________

Introduced by M. of A. SALADINO -- read once and referred to the Commit-
  tee on Education

AN  ACT  to amend the education law, in relation to requiring parents to
  conduct or cause to be conducted drug tests on their children entering
  grades nine through twelve, inclusive

  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
"Jonny's law".
  S 2. Section 912-a of the education law, as amended by chapter 477  of
the laws of 2004, is amended to red as follows:
  S 912-a. Urine analysis; drug detection. 1. (A) The school authorities
of  each school district within the state may cause all children attend-
ing grades seven through twelve, inclusive, in the  public  and  private
schools  located  within  such districts, to be separately and carefully
examined in order to ascertain whether any such children are making  use
of dangerous drugs.
  [2.] (B) Such examination may be made only upon the written request or
consent of a parent of, or person in parental relation to, a child. Such
examination  shall  be  conducted  without notice to the child and shall
include the supervised taking of a urine sample which shall be  analyzed
for such drugs and in accordance with such standards as shall be accept-
able  to  the  New  York  state office of alcoholism and substance abuse
services, or its successor agency. The results of such examination shall
be promptly forwarded to the school authorities. If it should be  ascer-
tained,  upon  such test or examination, that any child is making use of
dangerous drugs, the school authorities shall report same to the  social
services department for the social services district wherein such school
is located and to the parent of, or person in parental relation to, such
child  together  with  a  statement to such parent or person in parental
relation as to available programs and facilities to combat such  danger-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13202-01-1
              

A. 8528                             2

ous drug usage. The local social services department shall be empowered,
in  an  appropriate  case, to take such action and offer such protective
social services as are prescribed by title six of  article  six  of  the
social services law.
  [3.]  (C)  Except  as  required in this section, information resulting
from an examination conducted pursuant to this  section  shall  be  kept
confidential  and shall not be used for law enforcement purposes but may
be utilized only for statistical, epidemiological or research purposes.
  [4.] (D) Any record or  information  compiled  from  such  examination
which  identifies  an  individual  student  as a user of dangerous drugs
shall be maintained separate and apart from such student's other  educa-
tional records and in appropriate confidence and shall be destroyed upon
such  student's  graduation or final severance from the secondary educa-
tional school system in this state.
  2. (A) EACH PARENT OF A CHILD ENTERING INTO GRADES NINE THROUGH TWELVE
IN A SCHOOL DISTRICT WITHIN THE STATE  SHALL  CONDUCT  OR  CAUSE  TO  BE
CONDUCTED A DRUG TEST ON HIS OR HER CHILD OR CHILDREN WHO WILL BE ENTER-
ING  GRADE  NINE,  TEN, ELEVEN OR TWELVE IN ANY PUBLIC OR PRIVATE SCHOOL
LOCATED WITHIN SUCH DISTRICT. SUCH DRUG TEST MAY  BE  CONDUCTED  BY  THE
PARENT  BY  ADMINISTERING  AN AT-HOME DRUG TESTING KIT OR THE PARENT MAY
CAUSE THE TEST TO BE  CONDUCTED  AT  A  LOCATION  OR  BY  AN  INDIVIDUAL
APPROVED BY THE COMMISSIONER.
  (B)  EACH  PARENT  SHALL  BE  REQUIRED TO SUBMIT A SIGNED STATEMENT OR
AFFIDAVIT UPON THE STUDENT'S ENTRANCE IN GRADES NINE,  TEN,  ELEVEN  AND
TWELVE  IN  SUCH  FORM  AS TO BE PRESCRIBED BY THE COMMISSIONER, STATING
THAT SUCH PARENT CONDUCTED OR CAUSED TO BE  CONDUCTED  A  DRUG  TEST  ON
THEIR  CHILD  AND  THAT  THE  RESULTS OF SUCH TEST WERE OBSERVED BY SAID
PARENT.
  (C) THE DEPARTMENT SHALL BY RULE AND REGULATION  ESTABLISH  GUIDELINES
FOR HELPING PARENTS COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
  (D)  INFORMATION  RESULTING  FROM AN EXAMINATION CONDUCTED PURSUANT TO
THIS SUBDIVISION SHALL BE KEPT CONFIDENTIAL AND SHALL NOT  BE  USED  FOR
LAW  ENFORCEMENT  PURPOSES  BUT  MAY  BE  UTILIZED ONLY FOR STATISTICAL,
EPIDEMIOLOGICAL OR RESEARCH PURPOSES.
  (E) ANY RECORD OR INFORMATION COMPILED  FROM  SUCH  EXAMINATION  WHICH
IDENTIFIES  AN  INDIVIDUAL STUDENT AS A USER OF DANGEROUS DRUGS SHALL BE
MAINTAINED SEPARATE AND APART  FROM  SUCH  STUDENT'S  OTHER  EDUCATIONAL
RECORDS  AND  IN APPROPRIATE CONFIDENCE AND SHALL BE DESTROYED UPON SUCH
STUDENT'S GRADUATION OR FINAL SEVERANCE FROM THE  SECONDARY  EDUCATIONAL
SCHOOL SYSTEM IN THIS STATE.
  (F)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS: (I) "DRUG TEST" MEANS ANALYSIS  OF  A  BODY
COMPONENT SAMPLE APPROVED BY THE COMMISSIONER FOR THE PURPOSE OF MEASUR-
ING  THE PRESENCE OR ABSENCE OF DRUGS OR THEIR METABOLITES IN THE SAMPLE
TESTED.
  (II) "AT-HOME DRUG TESTING KIT" MEANS A PORTABLE IMMUNOASSAY PROCEDURE
OR AN EQUIVALENT, CLEARED BY THE FEDERAL FOOD  AND  DRUG  ADMINISTRATION
FOR  COMMERCIAL DISTRIBUTION, TO IDENTIFY NEGATIVE AND PRESUMPTIVE POSI-
TIVE SPECIMENS, WHICH MAY BE ADMINISTERED AT A  LOCATION  OUTSIDE  OF  A
LABORATORY.
  (III)  "PARENT"  INCLUDES  A PERSON STANDING IN PARENTAL RELATION, THE
CUSTODIAL PARENT OR A LEGAL GUARDIAN.
  Notwithstanding any provision of this section to the contrary, no such
examination shall be required where a student  objects  thereto  on  the
grounds  that  such examinations conflict with their genuine and sincere
religious beliefs.

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  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized  and  directed  to  be  made  and completed on or before such
effective date.