Bill Text: NY A01911 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to clarifying health education.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-02-07 - print number 1911a [A01911 Detail]

Download: New_York-2013-A01911-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1911
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Education
       AN ACT to amend the education law,  in  relation  to  clarifying  health
         education
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 804 of the education law, as added by  chapter  982
    2  of  the laws of 1977, the section heading as amended and subdivision 3-a
    3  as added by chapter 401 of the laws of 1998, subdivision 3 as amended by
    4  chapter 674 of the laws of 2004, and subdivision 4 as amended by chapter
    5  181 of the laws of 2000, is amended to read as follows:
    6    S 804. Health  education  regarding  MENTAL  HEALTH,  alcohol,  drugs,
    7  tobacco  abuse  and  the prevention and detection of certain cancers. 1.
    8  ALL SCHOOLS UNDER THE JURISDICTION OF THE DEPARTMENT SHALL  ENSURE  THAT
    9  THEIR  HEALTH  EDUCATION  PROGRAMS  RECOGNIZE THE MULTIPLE DIMENSIONS OF
   10  HEALTH BY INCLUDING MENTAL HEALTH  AND  THE  RELATION  OF  PHYSICAL  AND
   11  MENTAL  HEALTH  SO  AS  TO  ENHANCE STUDENT UNDERSTANDING, ATTITUDES AND
   12  BEHAVIORS THAT PROMOTE HEALTH, WELL-BEING AND HUMAN DIGNITY.
   13    2. All schools shall include, as an integral part of health education,
   14  instruction so as to discourage the misuse and abuse of alcohol,  tobac-
   15  co[,]  and  other  drugs and promote attitudes and behavior that enhance
   16  health, well being, and human dignity.
   17    [2.] 3. Instruction regarding alcohol, tobacco, and other drugs  shall
   18  be  included  in the health education provided for all elementary school
   19  pupils and shall be taught by  the  regular  classroom  teachers  or  by
   20  teachers  certified to teach health education. Such instruction shall be
   21  designed according to the needs and abilities of the pupils  at  succes-
   22  sive grade levels with the purpose of developing desirable health behav-
   23  ior, attitudes, and knowledge as well as self-reliance and problem solv-
   24  ing capacity.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05817-01-3
       A. 1911                             2
    1    [3.]  4.  Instruction  regarding alcohol, tobacco, and other drugs, in
    2  addition to continued health guidance in the junior high  school  grades
    3  and  the  senior  high  schools, shall be an integral part of a required
    4  health education course at each of these levels in the secondary schools
    5  curriculum.  Students  shall be required to demonstrate knowledge in the
    6  subject area through the use of a test, graded project or report, or any
    7  other means prescribed by  the  school  authorities  regarding  alcohol,
    8  drugs,  and tobacco. Any such course shall be taught by teachers holding
    9  a certificate to teach health. Related courses in the  secondary  school
   10  curriculum  shall  be  taught in a manner supportive of health education
   11  regarding alcohol, tobacco, and other drugs.  In  addition,  instruction
   12  regarding the dangers of driving while under the influence of alcohol or
   13  drugs shall be an integral part of a required health education course in
   14  the  senior  high  schools.  Such  instruction  shall be provided in all
   15  senior high schools whether or not these  schools  also  provide  driver
   16  education courses.
   17    [3-a.] 5. Instruction regarding methods of prevention and detection of
   18  certain  cancers,  including  but  not  limited  to  breast cancer, skin
   19  cancer, testicular cancer and other  cancers  where  certain  preventive
   20  measures  have  become  generally accepted and certain detection methods
   21  have been adopted and recommended generally to the public. Such instruc-
   22  tion shall be an integral part of a required health education course  at
   23  the  senior  high school level, in addition to continued health guidance
   24  in senior high schools. Any such course  shall  be  taught  by  teachers
   25  holding a certificate to teach health.
   26    [4.]  6.  a. The commissioner may prescribe in regulations such health
   27  education courses which include instruction regarding alcohol,  tobacco,
   28  and other drugs as the commissioner may deem necessary and desirable for
   29  the  welfare  of pupils and the community. The contents may be varied to
   30  meet the needs of particular school districts, or portions thereof,  and
   31  need not be uniform throughout the state, provided, however, that school
   32  districts  shall  utilize  either  the  curriculum  for health education
   33  instruction regarding alcohol, tobacco and other drugs prescribed by the
   34  commissioner or a course approved by the commissioner in accordance with
   35  criteria established by the commissioner.
   36    b. The commissioner shall make  available  an  interpersonal  violence
   37  prevention  education  package  for  grades kindergarten through twelve,
   38  which package may consist of student pamphlets, parent pamphlets,  vide-
   39  otapes  and  other  informative  materials  to  be distributed to school
   40  districts, and shall encourage the use of such material as part  of  the
   41  health or other related curricula or programs.
   42    c.  The  regents  shall  review  the health curriculum requirements in
   43  existence on the effective date of this paragraph  for  the  purpose  of
   44  streamlining  such  curriculum  and  identifying any outdated components
   45  that may be eliminated or consolidated in order to ensure that  students
   46  have sufficient time and instruction to develop skills to address issues
   47  of violence prevention and mental health. To the extent appropriate, the
   48  regents shall modify the existing curriculum to provide greater focus on
   49  the  development  of  skills,  by  no later than middle school, that are
   50  needed to recognize, cope with and  address  potentially  violent  inci-
   51  dents[,]  including  an  understanding  of  [student's] STUDENT roles in
   52  emergency situations[, what to do when confronted with  another  student
   53  who  is  experiencing a mental health problem,] and other related skills
   54  designed to reduce the threat of violence in schools.
   55    [5.] 7. School authorities shall provide the needed facilities,  time,
   56  and  place for the instruction set forth herein and shall provide learn-
       A. 1911                             3
    1  ing aids and curriculum resource materials which contribute to effective
    2  teaching methods and learning in  health  education  regarding  alcohol,
    3  tobacco, and other drugs.
    4    [6.]  8. All pre-service training programs in the state for elementary
    5  teachers shall include adequate preparation regarding the instruction in
    6  alcohol, tobacco, and other drugs set forth herein, and no teacher shall
    7  be licensed except upon satisfactory demonstration of  the  competencies
    8  included  in  the  institutional  proposals  approved by the [education]
    9  department.
   10    [7.] 9. Nothing contained in this section shall be deemed to  diminish
   11  or  impair the duties of the commissioner with respect to the continuing
   12  program for  critical  health  problems  established  by  chapter  seven
   13  hundred  eighty-seven  of  the  laws  of nineteen hundred sixty-seven as
   14  amended. The commissioner shall coordinate actions taken under authority
   15  of this section with the provisions of said chapter as  they  relate  to
   16  health  education  in schools, inservice training and training programs,
   17  and curriculum or syllabus development regarding the deleterious effects
   18  resulting from the use, misuse, and abuse of alcohol, tobacco, and other
   19  drugs.
   20    S 2. This act shall take effect July 1, 2013.
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