S T A T E O F N E W Y O R K
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5359--A
Cal. No. 971
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sens. FLANAGAN, RANZENHOFER -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- reported favorably from said committee, ordered to first and
second report, amended on second report, ordered to a third reading,
and to be reprinted as amended, retaining its place in the order of
third reading
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:
Section 1. Legislative intent. The legislature recognizes the impor-
tance of providing a quality education to all New York students. Quality
education must continue to include comprehensive health education. While
schools presently provide instruction in health education, the legisla-
ture finds it important that the law provide the flexibility to reflect
current learning standards and curriculum development as administered by
the New York State Education Department and local school districts.
Furthermore, it is important that statute recognize developing technolo-
gy and existing curriculum materials to ensure that schools and teachers
are provided with the most beneficial health education information, and
that both health and mental health are taught with the idea of
prevention, cure and control and without stigma or emotional harm. The
law should provide flexibility to allow the commissioner of education to
respond to the changing needs of the educational community to provide
students with the tools and resources to live healthy lives, as it will
only serve to improve educational performance and student outcomes.
S 2. Section 804 of the education law, as added by chapter 982 of the
laws of 1977, the section heading as amended and subdivision 3-a as
added by chapter 401 of the laws of 1998, subdivision 3 as amended by
chapter 674 of the laws of 2004, and subdivision 4 as amended by chapter
181 of the laws of 2000, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11096-02-3
S. 5359--A 2
S 804. Health education [regarding alcohol, drugs, tobacco abuse and
the prevention and detection of certain cancers]. 1. All schools [shall]
ARE ENCOURAGED TO include, as an integral part of health education,
instruction [so as to discourage the misuse and abuse of alcohol, tobac-
co, and other drugs and promote attitudes and behavior that enhance
health, well being, and human dignity.] IN THE UNDERSTANDINGS, ATTITUDES
AND BEHAVIORS WITH REGARD TO THE SEVERAL DIMENSIONS OF HEALTH. THIS
INSTRUCTION SHALL RELATE TO ALCOHOL, TOBACCO AND OTHER DRUGS, SAFETY,
MENTAL HEALTH, NUTRITION, DENTAL HEALTH, SENSORY PERCEPTION, DISEASE
PREVENTION AND CONTROL, ENVIRONMENTAL AND PUBLIC HEALTH, CONSUMER
HEALTH, FIRST AID, AND OTHER HEALTH-RELATED AREAS. SUCH HEALTH EDUCATION
SHALL BE ADMINISTERED AND ASSESSED WITH THE GOALS OF PROVIDING STUDENTS
WITH THE NECESSARY KNOWLEDGE AND SKILLS TO: ESTABLISH AND MAINTAIN PHYS-
ICAL FITNESS, PARTICIPATE IN PHYSICAL ACTIVITY; AND MAINTAIN PERSONAL
HEALTH; ACQUIRE THE KNOWLEDGE AND ABILITY NECESSARY TO CREATE AND MAIN-
TAIN A SAFE AND HEALTHY ENVIRONMENT; UNDERSTAND AND MANAGE PERSONAL AND
COMMUNITY RESOURCES TO SUSTAIN OVERALL HEALTH.
1-A. SUCH HEALTH EDUCATION SHALL BE PROVIDED IN AN AGE-APPROPRIATE
MANNER BY THE REGULAR CLASSROOM TEACHER, OR BY A TEACHER CERTIFIED TO
TEACH HEALTH EDUCATION.
1-B. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO FULFILL THE
REQUIREMENTS OF THIS SECTION AND TO ENSURE THAT STUDENTS ARE PROPERLY
INSTRUCTED IN THESE AREAS VITAL TO ENSURING CONTINUING DEVELOPMENT OF
HEALTH SKILLS AND PROVIDING ACCESS TO AVAILABLE RESOURCES FOR PROMOTING
HEALTHY LIVING.
2. Instruction regarding alcohol, tobacco, 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 succes-
sive grade levels with the purpose of developing desirable health behav-
ior, attitudes, and knowledge as well as self-reliance and problem solv-
ing capacity.
3. Instruction regarding alcohol, tobacco, and other drugs, in addi-
tion 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.
3-a. 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
S. 5359--A 3
in senior high schools. Any such course shall be taught by teachers
holding a certificate to teach health.
4. a. [The commissioner may prescribe in regulations such health
education courses which include instruction regarding alcohol, tobacco,
and other drugs as the commissioner may deem necessary and desirable for
the welfare of pupils and the community] THE COMMISSIONER SHALL PROMUL-
GATE REGULATIONS TO FULFILL THE REQUIREMENTS OF THIS SECTION AND TO
ENSURE THAT STUDENTS ARE PROPERLY INSTRUCTED IN THESE AREAS VITAL TO
CONTINUING DEVELOPMENT OF HEALTH SKILLS AND PROVIDING ACCESS TO AVAIL-
ABLE RESOURCES FOR PROMOTING HEALTHY LIVING, INCLUDING BUT NOT LIMITED
TO INSTRUCTION ON THE IMPORTANCE OF SEEKING COUNSELING TO ADDRESS MENTAL
HEALTH ISSUES THAT ARE IMPACTING A STUDENT'S ABILITY TO LEARN. 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, however, that school districts shall utilize either the
curriculum for health education instruction [regarding alcohol, tobacco
and other drugs] prescribed by the commissioner or a course approved by
the commissioner in accordance with criteria established by the commis-
sioner.
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 for the purpose of
streamlining such curriculum and identifying any outdated components
that may be eliminated or consolidated in order to ensure that students
have sufficient 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 inci-
dents, including an understanding of student's roles in emergency situ-
ations, what to do when confronted with another student who is [experi-
encing a mental health problem, and other related skills designed to
reduce the threat of violence in schools.] EXHIBITING BEHAVIOR THAT
CAUSES CONCERN OR ALARM FOR THE SAFETY OF THE STUDENT OR OTHERS.
5. 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, and other drugs].
6. All pre-service training programs in the state for elementary
teachers shall include adequate preparation regarding the instruction in
alcohol, tobacco, 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 education
department.
7. 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
S. 5359--A 4
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,
and other drugs].
S 3. This act shall take effect immediately, provided that any rules
or regulations necessary for the implementation of this act shall be
promulgated and take effect 180 days after its enactment.
