Bill Text: NY A08930 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for random testing for anabolic steroids in athletes in public and private schools; appropriates $1,000,000 therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to education [A08930 Detail]
Download: New_York-2011-A08930-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8930 I N A S S E M B L Y (PREFILED) January 4, 2012 ___________ 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 random testing for anabolic steroids in athletes in public and private schools; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 20 to 2 read as follows: 3 ARTICLE 20 4 ANABOLIC STEROID TESTING FOR ATHLETES IN PUBLIC AND PRIVATE SCHOOLS 5 SECTION 949. LEGISLATIVE INTENT. 6 950. DEFINITIONS. 7 951. REQUIRED DRUG TESTING. 8 952. SCHOOL AUTHORITY POLICY CONTENTS; PRIOR WRITTEN NOTICE. 9 953. RELIABILITY AND FAIRNESS SAFEGUARDS. 10 954. DISCIPLINARY ACTIONS. 11 955. PRIVACY, CONFIDENTIALITY AND PRIVILEGE SAFEGUARDS. 12 956. REQUIRED EDUCATIONAL PROGRAMS. 13 957. REPORTING. 14 S 949. LEGISLATIVE INTENT. THIS ARTICLE REQUIRES THE DEPARTMENT TO 15 PROMULGATE RULES AND REGULATIONS WHICH SHALL BE USED AS GUIDELINES FOR 16 PUBLIC AND PRIVATE SCHOOLS THAT ARE REQUIRED TO INSTITUTE AN ANABOLIC 17 STEROID TESTING PROGRAM FOR ITS ATHLETES. 18 AT THE PRESENT TIME, THIS STATE HAS NO REGULATIONS OR GUIDELINES FOR 19 SCHOOL DISTRICTS OR PRIVATE SCHOOLS TO ESTABLISH AN ANABOLIC STEROID 20 TESTING PROGRAM. THE DEPARTMENT IS DIRECTED TO ESTABLISH GUIDELINES TO 21 BE USED IN A UNIFORM MANNER. 22 EFFORTS TO STOP THE ABUSE OF ANABOLIC STEROIDS AT THE GRASS ROOTS 23 LEVEL IS EXPECTED TO BE ACCOMPLISHED WITH LOCAL SCHOOL PARTICIPATION. 24 EARLY DETECTION AND INTERVENTION MEASURES TO COMPLEMENT EXISTING DRUG 25 EDUCATIONAL PROGRAMS ARE INSTRUMENTAL IN THIS EFFORT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03667-02-1 A. 8930 2 1 FOR THE SAFETY AND WELL-BEING OF ALL STUDENTS, STUDENT ATHLETES IN 2 PARTICULAR, MEASURES SHOULD BE IN PLACE TO PREVENT INJURY TO THE 3 ATHLETE, TEAMMATES AND/OR OPPOSING COMPETITORS. A RANDOM ANABOLIC STER- 4 OID TESTING PROCEDURE IS A NATURAL EXTENSION OF THE EDUCATIONAL PROGRAMS 5 DESIGNED TO ENCOURAGE ATHLETES TO RESPECT THEIR BODIES AND MAINTAIN 6 HEALTHY, DRUG FREE LIVES. 7 AN ATHLETE UNDER THE INFLUENCE OF ANABOLIC STEROIDS HAS THE ABILITY TO 8 CAUSE SERIOUS INJURY TO HIMSELF OR HERSELF AND OTHERS. LOCAL SCHOOL 9 DISTRICTS AND PRIVATE SCHOOLS HAVE THE RESPONSIBILITY OF DOING WHAT IS 10 NECESSARY TO PROTECT STUDENT ATHLETES AND TO PROVIDE A LEVEL PLAYING 11 FIELD OF COMPETITION. 12 S 950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS AND 13 PHRASES DEFINED IN THIS SECTION HAVE THE FOLLOWING MEANINGS: 14 1. "CONFIRMATORY TEST" AND "CONFIRMATORY RETEST" MEAN A DRUG TEST THAT 15 USES A METHOD OF ANALYSIS APPROVED BY THE COMMISSIONER UNDER SUBDIVISION 16 ONE OF SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE AS BEING RELIABLE 17 FOR PROVIDING SPECIFIC DATA AS TO THE DRUGS OR THEIR METABOLITES 18 DETECTED IN AN INITIAL SCREENING TEST. 19 2. "DRUG" MEANS AN ANABOLIC STEROID AS DEFINED IN SUBDIVISION (H) OF 20 SCHEDULE II OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH 21 LAW. 22 3. "DRUG TESTING" AND "DRUG TEST" MEAN ANALYSIS OF A BODY COMPONENT 23 SAMPLE APPROVED BY THE COMMISSIONER UNDER SUBDIVISION ONE OF SECTION 24 NINE HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE PURPOSE OF MEASURING THE 25 PRESENCE OR ABSENCE OF DRUGS OR THEIR METABOLITES IN THE SAMPLE TESTED. 26 4. "INITIAL SCREENING TEST" MEANS A DRUG TEST WHICH USES A METHOD OF 27 ANALYSIS APPROVED BY THE COMMISSIONER UNDER SUBDIVISION ONE OF SECTION 28 NINE HUNDRED FIFTY-ONE OF THIS ARTICLE AS BEING CAPABLE OF PROVIDING 29 DATA AS TO GENERAL CLASSES OF DRUGS OR THEIR METABOLITES. 30 5. "POSITIVE TEST RESULT" MEANS A FINDING OF THE PRESENCE OF DRUGS, OR 31 THEIR METABOLITES IN THE SAMPLE TESTED IN LEVELS AT OR ABOVE THE THRESH- 32 OLD DETECTION LEVELS SET BY THE COMMISSIONER UNDER SUBDIVISION ONE OF 33 SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE. 34 6. "RANDOM SELECTION BASIS" MEANS A MECHANISM, DESIGNED BY THE DEPART- 35 MENT, FOR SELECTION OF STUDENT ATHLETES THAT (A) RESULTS IN AN EQUAL 36 PROBABILITY THAT ANY PUPIL FROM A GROUP OF STUDENT ATHLETES SUBJECT TO 37 THE SELECTION MECHANISM WILL BE SELECTED AND (B) DOES NOT GIVE SCHOOL 38 AUTHORITIES DISCRETION TO WAIVE THE SELECTION OF ANY STUDENT ATHLETE 39 SELECTED UNDER THE MECHANISM UNLESS THE STUDENT HAS PRODUCED EVIDENCE 40 THAT HE OR SHE IS TAKING A DRUG UNDER PRESCRIPTION BY A DULY LICENSED 41 PHYSICIAN. 42 7. "REASONABLE SUSPICION" MEANS A BASIS FOR FORMING A BELIEF BASED ON 43 SPECIFIC FACTS AND RATIONAL INFERENCES DRAWN FROM THOSE FACTS. 44 8. "SCHOOL AUTHORITIES" MEANS THE ATHLETIC DIRECTOR OF EACH PUBLIC 45 SCHOOL DISTRICT AND EACH PRIVATE SCHOOL IN THE STATE, AND THE COACH OF 46 THE TEAM ON WHICH A STUDENT ATHLETE PARTICIPATES. 47 9. "STUDENT ATHLETE" MEANS ANY CHILD IN THE PUBLIC OR PRIVATE SCHOOLS 48 OF THIS STATE ATTENDING GRADES NINE THROUGH TWELVE, INCLUSIVE, PARTIC- 49 IPATING IN ANY INTERSCHOLASTIC ATHLETIC COMPETITION, INCLUDING CHEER- 50 LEADING. 51 S 951. REQUIRED DRUG TESTING. 1. (A) THE DEPARTMENT SHALL BY RULE AND 52 REGULATION ESTABLISH GUIDELINES FOR SCHOOL AUTHORITIES WHO ARE CHOSEN TO 53 CONDUCT TESTING OF STUDENT ATHLETES UNDER THIS ARTICLE. SUCH GUIDELINES 54 SHALL INCLUDE BUT NOT BE LIMITED TO THE REQUIREMENTS OF THIS ARTICLE. 55 THE DEPARTMENT IS REQUIRED TO CHOOSE THIRTY PERCENT OF THE PUBLIC AND 56 PRIVATE HIGH SCHOOLS IN THE STATE FOR SUCH DRUG TESTING, AND AT LEAST A. 8930 3 1 THREE PERCENT OF THE STUDENTS IN EACH CHOSEN SCHOOL SHALL UNDERGO THE 2 TESTING. SCHOOLS REQUIRED TO DO THE TESTING SHALL BE CHOSEN BY THE 3 COMMISSIONER. 4 (B) SCHOOL AUTHORITIES SHALL NOT REQUEST A STUDENT ATHLETE TO UNDERGO 5 DRUG TESTING EXCEPT AS AUTHORIZED IN THIS SECTION. 6 (C) SCHOOL AUTHORITIES SHALL NOT REQUEST A STUDENT ATHLETE TO UNDERGO 7 TESTING UNLESS THE TESTING IS DONE PURSUANT TO A WRITTEN DRUG TESTING 8 POLICY THAT CONTAINS THE MINIMUM INFORMATION REQUIRED IN SECTION NINE 9 HUNDRED FIFTY-TWO OF THIS ARTICLE. 10 2. (A) THE RULES AND REGULATIONS SHALL PROVIDE THAT A STUDENT MAY NOT 11 PARTICIPATE IN ATHLETIC COMPETITION SPONSORED OR SANCTIONED BY A PUBLIC 12 OR PRIVATE SCHOOL UNLESS THE STUDENT AGREES NOT TO USE ANABOLIC STER- 13 OIDS, AND THE STUDENT SUBMITS TO RANDOM TESTING FOR THE PRESENCE OF 14 ILLEGAL ANABOLIC STEROIDS IN THE STUDENT'S BODY, AND 15 (B) THE PUBLIC OR PRIVATE SCHOOL OBTAINS FROM THE PARENT OR GUARDIAN 16 OF THE STUDENT A STATEMENT SIGNED BY THE PARENT AND ACKNOWLEDGING THAT: 17 (I) STATE LAW PROHIBITS POSSESSING, DISPENSING, DELIVERING OR ADMINIS- 18 TERING AN ANABOLIC STEROID IN A MANNER NOT ALLOWED BY STATE LAW; 19 (II) STATE LAW PROVIDES THAT BODYBUILDING, MUSCLE ENHANCEMENT, OR THE 20 INCREASE OF MUSCLE BULK OR STRENGTH THROUGH THE USE OF AN ANABOLIC STER- 21 OID BY A PERSON IN GOOD HEALTH IS NOT A VALID MEDICAL PURPOSE; 22 (III) ONLY A MEDICAL DOCTOR MAY PRESCRIBE AN ANABOLIC STEROID FOR A 23 PERSON; AND 24 (IV) A VIOLATION OF STATE LAW CONCERNING ANABOLIC STEROIDS IS A CRIMI- 25 NAL OFFENSE PUNISHABLE BY IMPRISONMENT. 26 3. SCHOOL AUTHORITIES MAY REQUIRE A STUDENT ATHLETE TO UNDERGO TESTING 27 AS PART OF AN ANNUAL ROUTINE PHYSICAL EXAMINATION. 28 4. IN ADDITION, SCHOOL AUTHORITIES MAY REQUIRE A STUDENT ATHLETE TO 29 UNDERGO TESTING ON A RANDOM SELECTION BASIS THROUGHOUT THE SCHOOL YEAR 30 AND IN CIRCUMSTANCES WHERE THE SCHOOL AUTHORITIES HAVE A REASONABLE 31 SUSPICION THAT THE STUDENT ATHLETE: 32 (A) IS UNDER THE INFLUENCE OF ANABOLIC STEROIDS; OR 33 (B) HAS VIOLATED THE SCHOOL AUTHORITIES' RULES PROHIBITING THE USE, 34 POSSESSION, SALE OR TRANSFER OF ANABOLIC STEROIDS WHILE THE STUDENT 35 ATHLETE IS IN SCHOOL OR ON SCHOOL PROPERTY, PROVIDED THE RULES ARE IN 36 WRITING AND CONTAINED IN THE DRUG TESTING POLICY OF THE SCHOOL AUTHORI- 37 TIES. 38 5. SCHOOL AUTHORITIES MAY REQUIRE A PUPIL TO UNDERGO TESTING WITHOUT 39 PRIOR NOTICE IF THE STUDENT ATHLETE PREVIOUSLY HAS BEEN REFERRED BY THE 40 SCHOOL AUTHORITIES FOR CHEMICAL DEPENDENCY TREATMENT OR EVALUATION, OR 41 IS PARTICIPATING IN A CHEMICAL DEPENDENCY TREATMENT PROGRAM UNDER A PLAN 42 OF THE SCHOOL AUTHORITIES. 43 6. SCHOOL AUTHORITIES SHALL NOT CONDUCT TESTING OF ITS STUDENT 44 ATHLETES USING A TESTING LABORATORY OWNED AND OPERATED BY SUCH SCHOOL 45 AUTHORITIES. EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, 46 SCHOOL AUTHORITIES SHALL NOT REQUEST OR REQUIRE A STUDENT ATHLETE TO 47 CONTRIBUTE TO OR PAY THE COST OF TESTING UNDER THIS ARTICLE. 48 7. (A) WITHIN THREE SCHOOL DAYS AFTER NOTICE OF A POSITIVE TEST RESULT 49 ON A CONFIRMATORY TEST, STUDENT ATHLETES MAY SUBMIT INFORMATION TO THE 50 SCHOOL AUTHORITIES, IN ADDITION TO ANY INFORMATION ALREADY SUBMITTED 51 UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION NINE HUNDRED FIFTY-TWO 52 OF THIS ARTICLE, TO EXPLAIN THAT RESULT, OR MAY REQUEST A CONFIRMATORY 53 RETEST OF THE ORIGINAL SAMPLE AT THE STUDENT ATHLETE'S OWN EXPENSE. 54 (B) WITHIN THREE SCHOOL DAYS AFTER RECEIPT OF A TEST RESULT REPORT 55 FROM THE TESTING LABORATORY, SCHOOL AUTHORITIES SHALL INFORM IN WRITING 56 A STUDENT ATHLETE WHO HAS UNDERGONE DRUG TESTING OF THE RESULTS OF A A. 8930 4 1 POSITIVE TEST AND INFORM THE STUDENT ATHLETE IN WRITING OF THE RIGHTS 2 PROVIDED IN THIS ARTICLE. 3 8. A STUDENT ATHLETE MAY REQUEST A CONFIRMATORY RETEST OF THE ORIGINAL 4 SAMPLE AT THE STUDENT ATHLETE'S OWN EXPENSE AFTER NOTICE OF A POSITIVE 5 TEST RESULT ON A CONFIRMATORY TEST. WITHIN FIVE WORKING DAYS AFTER 6 NOTICE OF THE CONFIRMATORY TEST RESULT, THE STUDENT ATHLETE SHALL NOTIFY 7 THE SCHOOL AUTHORITIES IN WRITING OF THE PUPIL'S INTENTION TO OBTAIN A 8 CONFIRMATORY RETEST. WITHIN THREE WORKING DAYS AFTER RECEIPT OF THE 9 NOTICE, THE SCHOOL AUTHORITIES SHALL NOTIFY THE ORIGINAL TESTING LABORA- 10 TORY THAT THE STUDENT ATHLETE HAS REQUESTED THE LABORATORY TO CONDUCT 11 THE CONFIRMATORY RETEST OR TRANSFER THE SAMPLE TO ANOTHER LABORATORY 12 LICENSED TO CONDUCT THE CONFIRMATORY RETEST. THE CONFIRMATORY RETEST 13 SHALL USE THE SAME DRUG THRESHOLD DETECTION LEVELS AS USED IN THE 14 ORIGINAL CONFIRMATORY TEST. IF THE CONFIRMATORY RETEST DOES NOT CONFIRM 15 THE ORIGINAL POSITIVE TEST RESULT, NO ADVERSE ACTION BASED ON THE 16 ORIGINAL CONFIRMATORY TEST SHALL BE TAKEN AGAINST THE STUDENT ATHLETE. 17 9. A STUDENT ATHLETE HAS THE RIGHT TO REQUEST AND RECEIVE FROM THE 18 SCHOOL AUTHORITIES A COPY OF THE TEST RESULT REPORT ON ANY TEST. 19 S 952. SCHOOL AUTHORITY POLICY CONTENTS; PRIOR WRITTEN NOTICE. 1. THE 20 DRUG TESTING POLICY OF SCHOOL AUTHORITIES SHALL CONFORM TO WRITTEN 21 GUIDELINES PROMULGATED BY THE DEPARTMENT AND SHALL, AT A MINIMUM, SET 22 FORTH THE FOLLOWING INFORMATION: 23 (A) THE STUDENT ATHLETES SUBJECT TO TESTING UNDER THE POLICY; 24 (B) THE CIRCUMSTANCES UNDER WHICH TESTING IS REQUIRED; 25 (C) PROVISION FOR A STUDENT TO EXPLAIN THE FACT THAT HE OR SHE IS 26 TAKING AN ANABOLIC STEROID UNDER PRESCRIPTION BY A DULY LICENSED PHYSI- 27 CIAN; 28 (D) THE CONSEQUENCES OF REFUSAL OF A STUDENT ATHLETE TO UNDERGO 29 ANABOLIC STEROID DRUG TESTING; 30 (E) ANY DISCIPLINARY OR OTHER ADVERSE ACTION THAT MAY BE TAKEN BASED 31 ON A CONFIRMATORY TEST VERIFYING A POSITIVE TEST RESULT ON AN INITIAL 32 SCREENING TEST, INCLUDING, BUT NOT LIMITED TO, DENYING THE STUDENT 33 ATHLETE THE PRIVILEGE OF PARTICIPATING IN INTERSCHOLASTIC ATHLETICS; 34 (F) THE RIGHT OF A STUDENT ATHLETE TO EXPLAIN A POSITIVE TEST RESULT 35 ON A CONFIRMATORY TEST OR REQUEST AND PAY FOR A CONFIRMATORY RETEST; AND 36 (G) ANY APPEAL PROCEDURES AVAILABLE. 37 2. SCHOOL AUTHORITIES SHALL PROVIDE WRITTEN NOTICE OF ITS TESTING 38 POLICY TO ALL AFFECTED STUDENT ATHLETES AND THEIR PARENTS OR GUARDIANS 39 UPON ADOPTION OF THE POLICY AND AT THE BEGINNING OF EACH SCHOOL YEAR. 40 SCHOOL AUTHORITIES SHALL ALSO POST NOTICE IN AN APPROPRIATE AND CONSPIC- 41 UOUS LOCATION ON THE PUBLIC OR PRIVATE SCHOOL PREMISES THAT THE PUBLIC 42 OR PRIVATE SCHOOL HAS ADOPTED A DRUG TESTING POLICY AND THAT COPIES OF 43 THE POLICY ARE AVAILABLE FOR INSPECTION DURING REGULAR SCHOOL HOURS. 44 S 953. RELIABILITY AND FAIRNESS SAFEGUARDS. SCHOOL AUTHORITIES WHO 45 REQUEST OR REQUIRE A STUDENT ATHLETE TO UNDERGO TESTING SHALL USE THE 46 SERVICES OF A LICENSED TESTING LABORATORY WITH CURRENT CERTIFICATION 47 FROM THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION OF 48 THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. 49 S 954. DISCIPLINARY ACTIONS. 1. SCHOOL AUTHORITIES SHALL NOT 50 DISCHARGE, DISCIPLINE, DISCRIMINATE AGAINST OR REQUEST OR REQUIRE REHA- 51 BILITATION OF A STUDENT ATHLETE ON THE BASIS OF A POSITIVE TEST RESULT 52 FROM AN INITIAL SCREENING TEST THAT HAS NOT BEEN VERIFIED BY A CONFIRMA- 53 TORY TEST. 54 2. DISCIPLINARY ACTION AGAINST A STUDENT SHALL BE PROVIDED BY RULE AND 55 REGULATION OF THE COMMISSIONER AND SHALL PROVIDE A BROAD RANGE OF PENAL- 56 TIES WHICH MUST INCLUDE THE FOLLOWING: A. 8930 5 1 (A) A WRITTEN PUBLIC REPRIMAND, SUBJECT TO CONFIDENTIALITY REQUIRE- 2 MENTS IMPOSED BY THIS ARTICLE OR OTHER LAW; 3 (B) A PROBATIONARY PERIOD, NOT TO EXCEED THREE YEARS, DURING WHICH A 4 STUDENT MAY BE REQUIRED TO COMPLY WITH REASONABLE CONDITIONS IN ORDER TO 5 PARTICIPATE IN AN ATHLETIC COMPETITION SPONSORED OR SANCTIONED BY THE 6 SCHOOL DISTRICT OR PRIVATE SCHOOL AND AVOID A MORE SEVERE PENALTY; AND 7 (C) A SUSPENSION PERIOD, NOT TO EXCEED THREE YEARS, DURING WHICH A 8 STUDENT MAY BE PROHIBITED FROM PARTICIPATING IN OR PRACTICING WITH OTHER 9 STUDENTS FOR AN ATHLETIC COMPETITION SPONSORED OR SANCTIONED BY THE 10 SCHOOL DISTRICT OR PRIVATE SCHOOL. 11 S 955. PRIVACY, CONFIDENTIALITY AND PRIVILEGE SAFEGUARDS. 1. A LABORA- 12 TORY SHALL ONLY DISCLOSE TO THE SCHOOL AUTHORITIES TEST RESULT DATA 13 REGARDING THE PRESENCE OR ABSENCE OF ANABOLIC STEROIDS OR THEIR METABOL- 14 ITES IN A SAMPLE TESTED. 15 2. EXCEPT AS OTHERWISE PROVIDED IN SECTION NINE HUNDRED FIFTY-SEVEN OF 16 THIS ARTICLE, TEST RESULT REPORTS AND OTHER INFORMATION ACQUIRED IN THE 17 TESTING PROCESS SHALL BE DEEMED TO BE PRIVATE AND CONFIDENTIAL INFORMA- 18 TION AND SHALL NOT BE DISCLOSED BY SCHOOL AUTHORITIES OR LABORATORIES TO 19 ANOTHER PUBLIC SCHOOL OR PRIVATE SCHOOL OR TO A THIRD-PARTY INDIVIDUAL, 20 GOVERNMENTAL AGENCY, OR PRIVATE ORGANIZATION WITHOUT THE WRITTEN CONSENT 21 OF THE STUDENT ATHLETE AND PARENT OR GUARDIAN OF THE STUDENT ATHLETE. 22 TEST RESULT REPORTS AND OTHER INFORMATION ACQUIRED IN THIS TESTING PROC- 23 ESS MAY BE DISCLOSED TO SCHOOL AUTHORITIES AND THE PARENTS OR GUARDIAN 24 OF THE STUDENT TESTED. 25 3. POSITIVE TEST RESULTS FROM A STUDENT ATHLETE TESTING PROGRAM SHALL 26 NOT BE USED AS EVIDENCE IN A CRIMINAL ACTION AGAINST THE SCHOOL AUTHORI- 27 TIES OR STUDENT ATHLETE TESTED. 28 4. A STUDENT ATHLETE SHALL BE GIVEN ACCESS TO INFORMATION IN THE 29 STUDENT ATHLETE'S PERSONAL FILE RELATING TO POSITIVE TEST RESULT REPORTS 30 AND OTHER INFORMATION ACQUIRED IN THE TESTING PROCESS, AND CONCLUSIONS 31 DRAWN FROM AND ACTIONS TAKEN BASED ON THE REPORTS AND OTHER ACQUIRED 32 INFORMATION. 33 S 956. REQUIRED EDUCATIONAL PROGRAMS. THE COMMISSIONER SHALL REQUIRE 34 IN EACH PUBLIC OR PRIVATE HIGH SCHOOL CHOSEN TO DO ANABOLIC STEROID 35 TESTING THAT EACH EMPLOYEE WHO SERVES AS AN ATHLETIC COACH OR A COACH 36 FOR AN EXTRACURRICULAR ATHLETIC ACTIVITY ATTEND AN EDUCATIONAL PROGRAM 37 DEVELOPED BY THE COMMISSIONER OR A COMPARABLE PROGRAM DEVELOPED BY THE 38 SCHOOL DISTRICT OR A PRIVATE ENTITY WITH RELEVANT EXPERTISE AS TO 39 ANABOLIC STEROID USE AND RELATED ISSUES. 40 S 957. REPORTING. 1. EVERY SCHOOL DISTRICT OR PRIVATE SCHOOL IN WHICH 41 SCHOOL AUTHORITIES CONDUCT TESTING OF STUDENT ATHLETES SHALL ANNUALLY, 42 ON OR BEFORE THE FIRST OF JULY, REPORT TO THE DEPARTMENT THE NUMBER OF 43 STUDENT ATHLETES ADMINISTERED DRUG TESTS DURING THE PREVIOUS SCHOOL 44 YEAR, THE NUMBER OF POSITIVE TEST RESULTS FROM CONFIRMATORY TESTS AND 45 CONFIRMATORY RETESTS DURING SUCH SCHOOL YEAR, AND ANY PROBLEMS ENCOUNT- 46 ERED IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE. 47 2. THE DEPARTMENT SHALL COMPILE, EXAMINE AND EVALUATE THE INFORMATION 48 RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND, ON OR BEFORE 49 THE FIRST OF AUGUST OF THE THIRD CALENDAR YEAR COMMENCING AFTER THE 50 EFFECTIVE DATE OF THIS ARTICLE, SHALL SUBMIT TO THE GOVERNOR, THE TEMPO- 51 RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT OF 52 ITS FINDINGS BASED ON SUCH INFORMATION AND A RECOMMENDATION ON WHETHER 53 TESTING FOR STUDENT ATHLETES SHOULD BE MANDATORY FOR ALL PUBLIC AND 54 PRIVATE HIGH SCHOOLS. 55 S 2. Section 3641 of the education law is amended by adding a new 56 subdivision 15 to read as follows: A. 8930 6 1 15. TESTING FOR ANABOLIC STEROIDS. A. THE COMMISSIONER SHALL, UPON 2 APPLICATION THEREFOR AND WITHIN AMOUNTS APPROPRIATED FOR SUCH PURPOSE, 3 PROVIDE GRANTS TO SCHOOL DISTRICTS AND PRIVATE SCHOOLS WHICH CONDUCT 4 DRUG TESTING OF STUDENTS FOR ANABOLIC STEROIDS. 5 B. GRANTS PURSUANT TO THIS SUBDIVISION SHALL BE EQUAL TO THE COST OF 6 TESTING FOR THE PRESENCE OR ABSENCE OF ANABOLIC STEROIDS IN EACH STUDENT 7 SO TESTED BY A SCHOOL DISTRICT OR PRIVATE SCHOOL. 8 C. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES- 9 SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SUBDIVISION. 10 S 3. The sum of one million dollars ($1,000,000), or so much thereof 11 as may be necessary, is hereby appropriated to the education department 12 out of any moneys in the state treasury in the general fund to the cred- 13 it of the local assistance account, not otherwise appropriated, and made 14 immediately available for the purpose of carrying out the provisions of 15 subdivision 15 of section 3641 of the education law, as added by section 16 two of this act. Such moneys shall be payable on the audit and warrant 17 of the comptroller on vouchers certified or approved by the commissioner 18 of education in the manner prescribed by law. 19 S 4. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law; provided, however, that any rules and regu- 21 lations necessary for the timely implementation of this act on its 22 effective date are authorized and directed to be promulgated on or 23 before such date; provided, further that sections two and three of this 24 act shall take effect on the first of July next succeeding the date on 25 which it shall have become a law.