S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    551
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, JACKSON, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN  ACT to amend the education law, in relation to creating standardized
   vaping and e-cigarette school guidelines

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  legislature  hereby  finds and declares the reported
 incidents of e-cigarettes use referred to as "vaping" among youth  lead-
 ing  to  nicotine  addiction,  serious  illness and death to be a public
 health crisis that is growing in prevalence in middle  grades  and  high
 schools  throughout  the  state.  The  rates of adolescents and youth in
 grades eight through twelve using vaping products  to  consume  nicotine
 has doubled in recent years with twenty-five percent of twelfth graders,
 twenty  percent  of  tenth  graders  and  nine percent of eighth graders
 reporting vaping. The New York state department of health has reported a
 one hundred sixty percent increase in four years of high school students
 using e-cigarettes. The  use  of  e-cigarettes  through  vaping  devices
 delivers  addictive  nicotine  in  more  powerful,  higher doses leading
 adolescents to long-term health consequences, illnesses,  related  prob-
 lems  and  possibly  death. Public school officials throughout the state
 are grappling with monitoring and detecting vaping use on school proper-
 ty, posing an increasing demand on school  health,  guidance  and  pupil
 support personnel and additional administrative responsibilities result-
 ing  from the surge in youth e-cigarette usage.  There is no debate that
 use of e-cigarettes through vaping devices is harmful  to  young  people
 with  detrimental lifelong health consequences.  Therefore, the legisla-
 ture finds that the appropriate state agencies overseeing education  and
 health  shall  work  collaboratively  to  develop  guidelines  to assist
 schools with developing policies and procedures and access any potential
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02616-01-1

 S. 551                              2
 
 related funding to discourage and combat the  rise  in  e-cigarette  use
 among youth.
   §  2.  Section  305  of  the  education law is amended by adding a new
 subdivision 57 to read as follows:
   57. IN ORDER TO  ENSURE  STANDARDIZED  WELL-INFORMED  SCHOOL  POLICIES
 REGARDING  VAPING  AND  E-CIGARETTE USE IN SCHOOLS, THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL  DEVELOP  GUIDELINES
 FOR  SCHOOL  DISTRICTS TO ELECT TO USE WHEN DEVELOPING POLICIES ON E-CI-
 GARETTE USE THROUGH VAPING DEVICES. THE COMMISSIONER SHALL UPDATE  THESE
 GUIDELINES AS NECESSARY BASED ON HEALTH DATA AND EDUCATIONAL RESEARCH ON
 THE IMPLICATIONS OF E-CIGARETTE USE. SUCH GUIDELINES SHALL INCLUDE, AT A
 MINIMUM:
   A.  A MODEL SCHOOL POLICY EXPRESSLY PROHIBITING VAPING AND E-CIGARETTE
 USE ON SCHOOL GROUNDS THAT CAN BE INCLUDED AS PART OF SCHOOL  DISTRICTS'
 CODES OF CONDUCT OR OTHER SCHOOL POLICY;
   B.  SPECIFIC  PROPOSALS  FOR AGE-APPROPRIATE SCHOOL DISTRICT EDUCATION
 REGARDING THE HEALTH RISKS  ASSOCIATED  WITH  VAPING,  INCLUDING  HEALTH
 RISKS FOR CHILDREN;
   C.   SPECIFIC  AGE-APPROPRIATE  PROGRAMMING,  INCLUDING  SOCIAL  MEDIA
 OUTREACH,  FOR  DISCOURAGING  E-CIGARETTE  USE  AND  VAPING  BY   SCHOOL
 STUDENTS,  AND  OTHER RELATED INFORMATION THAT MAY BE INCORPORATED UNDER
 PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  THIRTEEN  HUNDRED  NINETY-
 NINE-II OF THE PUBLIC HEALTH LAW OR OTHER RELEVANT PROGRAM; AND
   D. LISTING OF AVAILABLE FUNDING SOURCES FOR SCHOOL DISTRICTS TO COMBAT
 E-CIGARETTE USE AND VAPING IN SCHOOLS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.