NY State Senate Bill 2019-S1908

Senate Bill S1908

2019-2020 Legislative Session

Relates to the adoption of instruction in mental health in junior and senior high schools and to provide school districts with current information on drug abuse issues

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Archive: Last Bill Status - In Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Jan 17, 2019	referred to education

2019-S1908 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5546
2017-2018: S3996

2019-S1908 (ACTIVE) - Summary

Relates to requiring the commissioner of education to make recommendations to the board of regents relating to the adoption of instruction in mental health in junior and senior high schools and to provide school districts with current information on drug abuse issues.

2019-S1908 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1908

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the commis-
sioner of education to make recommendations to the board of regents
relating to the adoption of instruction in mental health in junior and
senior high schools and to provide school districts with current infor-
mation on drug abuse issues

 
PURPOSE:

To have the education commissioner make up to date recommendations
relating to the instruction of mental health, alcohol, drug and tobacco
use in junior and senior high schools.

 
SUMMARY OF PROVISIONS:

Section 1 requires the commissioner to make recommendations to the board
of regents relating to the adoption of instruction in mental health in

junior and senior high schools, AFTER receiving recommendations from:

(i) teachers, school administrators, teacher educators, school psychol-
ogists, school social workers and others with educational expertise in
the proposed curriculum.

(ii) parents, students and other interested parties

(iii) consideration is given to the time this curriculum will require

(iv) consideration of fiscal impacts are determined

(V) consideration is given to the relevance, based on current, compara-
ble course work.

(vi) consideration is given by any additional factors that the commis-
sioner deems relevant.

The commissioner shall have 180 days after this effective date to
provide recommendations to the board of regents.

The board shall have 60 days from receiving such recommendation to
accept or reject the commissioners recommendation. The commissioner
shall provide, on a biennial basis, school districts with educational
information of current drug abuse issues in order to ensure a relevant
curriculum.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Current law requires the New York State Board of Regents to create a
curriculum that promotes mutual respect and understanding of people with
disabilities to elementary students. With the number of individuals
being diagnosed with a mental health illness on the rise, even among
children, it is necessary to consider including instruction on mental
health as part of the health curriculum in all of New York state's
junior and senior high schools. In New York, over 300,000 youth live
with a serious mental health condition that significantly impairs their
daily function. It is important that students be taught. about mental
health illness and stop the stigma that goes along with a diagnosis. By
not talking about conditions like depression, eating disorders and PTSD,
we do our young people a disservice. This bill would allow the commis-
sioner the opportunity to make recommendations to the board of regents
as to the type of curriculum required, how much time of instruction
might be necessary, consider the fiscal impact to school districts and
get feedback from a variety of stakeholders. By ensuring that our young
people are educated about mental health, the connections these illnesses
can have to alcohol, drug and tobacco abuse, we can in crease the like-
lihood that they will be able to more effectively recognize signs in
themselves and others.

A component of this bill is to ensure that school districts are provided
with up to date information in regards to current drug abuse issues. How
and when students are taught drug about the dangers of drug addiction is
extremely important. Other than at home, school is seen as the primary
place adolescents addiction and its impacts. Drug usage and types of
drugs come in waves. In the 80's and 90's crack and cocaine were the
commonly used drugs. In the early 2000's we saw a rise in bath salts
usage. Now we are in the era of a heroin epidemic.

In Monroe, Livingston, Chemung, Ontario, Orleans, Steuben and Wyoming
Counties, heroin killed 65 people in 2013. This was a huge spike
compared to 29 in 2012 and only 11 in all of 2011. This issue is not
only a regional issue, but a state wide issue. With the significant
increase in heroin overdoses over the past few years, it is clear that
we need to educate our students on the issue.

It is important that our educational institutions are consistently stay-
ing up to date on current drug abuse issues, in order to best serve our
students and help prevent drug addiction. The language of this legis-
lation provides flexibility as to what drug abuse issues are to be
taught in the classroom. Yesterday was crack, today is heroin, tomorrow
it could be something else. Allowing the commissioner to provide infor-
mation on current drug abuse issues will allow the curriculum to evolve
and remain relevant.

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.

 
LEGISLATIVE HISTORY:

S.5546A of 2015-16; Passed Senate

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1908 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1908
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 requiring the  commis-
   sioner  of  education  to make recommendations to the board of regents
   relating to the adoption of instruction in mental health in junior and
   senior high schools and  to  provide  school  districts  with  current
   information on drug abuse issues
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by  adding  two
 new subdivisions 57 and 60 to read as follows:
   57.  A.  THE  COMMISSIONER  SHALL MAKE RECOMMENDATIONS TO THE BOARD OF
 REGENTS RELATING TO THE ADOPTION OF  INSTRUCTION  IN  MENTAL  HEALTH  IN
 JUNIOR AND SENIOR HIGH SCHOOLS.
   B.  PRIOR  TO  MAKING THE RECOMMENDATIONS TO THE BOARD OF REGENTS, THE
 COMMISSIONER SHALL:
   (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
 TEACHER  EDUCATORS,  SCHOOL  PSYCHOLOGISTS,  SCHOOL  SOCIAL  WORKERS AND
 OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED CURRICULUM;
   (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
   (III) CONSIDER THE AMOUNT OF INSTRUCTIONAL TIME SUCH  CURRICULUM  WILL
 REQUIRE  AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED COURSES
 OF STUDY;
   (IV) CONSIDER THE FISCAL IMPACT, IF  ANY,  ON  THE  STATE  AND  SCHOOL
 DISTRICTS;
   (V)  CONSIDER  THE  RELEVANCE  OF  EXISTING  REGULATIONS PERTAINING TO
 MENTAL HEALTH AS PART OF THE SCHOOL HEALTH CURRICULUM AS IT  RELATES  TO
 THE CURRENT UNDERSTANDING OF MENTAL HEALTH AS AN INTEGRAL PART OF HEALTH
 AND  THE  RELATIONSHIP  OF  MENTAL HEALTH TO THE INSTRUCTION OF ALCOHOL,
 DRUGS AND TOBACCO; AND
   (VI) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07168-01-9

 S. 1908                             2
 
   C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
 BOARD  OF  REGENTS  TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
 REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT THE IMPLEMENTATION OF
 SUCH  CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSIONER,
 PURSUANT TO THIS SUBDIVISION, THE BOARD OF REGENTS SHALL VOTE TO  EITHER
 ACCEPT  OR  REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY
 DAYS AFTER RECEIVING SUCH RECOMMENDATION.
   D. 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.
   E. IF THE BOARD OF REGENTS REJECTS SUCH CURRICULUM,  THE  COMMISSIONER
 SHALL  PROVIDE  A  REPORT  AS  TO  THE DETERMINATION OF THE BOARD TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY  AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCA-
 TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
 AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
   60.  THE  COMMISSIONER  SHALL  ON  A  BIENNIAL  BASIS  PROVIDE  SCHOOL
 DISTRICTS  WITH  EDUCATIONAL  INFORMATION RELATING TO CURRENT DRUG ABUSE
 ISSUES IN ORDER TO ENSURE INSTRUCTION PROVIDED PURSUANT  TO  SUBDIVISION
 THREE  OF  SECTION  EIGHT  HUNDRED  FOUR  OF  THIS TITLE IS RELEVANT AND
 CURRENT.
   § 2. This act shall take effect immediately.

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