NY State Senate Bill 2015-S6508

Senate Bill S6508

2015-2016 Legislative Session

Relates to encouraging school districts to include a mental health curriculum in their course of instruction

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	recommitted to rules
Jun 01, 2016	ordered to third reading cal.1264 committee discharged and committed to rules
Jan 21, 2016	referred to education

Votes

- Jun 1, 2016 - Rules Committee Vote
  S6508
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Perkins

co-Sponsors

2015-S6508 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §804, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S5359

2015-S6508 (ACTIVE) - Summary

Relates to encouraging school districts to include a mental health curriculum in their course of instruction.

2015-S6508 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6508

 TITLE OF BILL :

An act to amend the education law, in relation to a mental health
education curriculum

 PURPOSE :

To update the statute relating to health education to properly reflect
the content currently taught in schools.

 SUMMARY OF PROVISIONS :

Section 1 : Legislative intent.

Section 2: Amends section 804 of the education law.

Section 3: Sets forth an immediate effective date.

 JUSTIFICATION :

The Legislature recognizes the importance 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, it is 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 the statute recognize developing technology 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 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.

School districts are faced with numerous challenges. Recent events
have highlighted the importance of keeping students and educators safe
in schools. An integral component of school safety is mental health.
School districts are on the front lines of providing resources for
students who may be exhibiting behaviors that indicate a need for
mental health support. It is vital that the law be updated to reflect
the current work of school districts in supporting their staff and
students. Additionally, because educators are in the best position to
determine how student progress is measured, this bill seeks to update
the statute to ensure that health education assessments are determined
at the local level.

 LEGISLATIVE HISTORY :

2015: S. 2585 Passed Senate
2014: S. 5359-A - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that any rules or
regulations necessary for implementation shall be promulgated.

2015-S6508 (ACTIVE) - Bill Text download pdf

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

                                  6508

                            I N  S E N A T E

                            January 21, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

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, subdivision 4 as amended by chapter 181
of  the  laws  of  2000,  and paragraph a of subdivision 4 as amended by
chapter 39 of the laws of 2014, is amended to read as follows:
  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

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

                                                           LBD08317-02-6

S. 6508                             2

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
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-

S. 6508                             3

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. 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 and other drugs,
including 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 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 CAUS-
ES 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

S. 6508                             4

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
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 the commis-
sioner  of  education  may promulgate any rules or regulations necessary
for the implementation of this act.

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Senate Bill S6508

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Sponsored By

Carl L. Marcellino