|SAME AS||SAME AS S06046-A|
|COSPNSR||Cusick, Skoufis, Steck, Barrett, Mosley, Crespo, McDonald, Arroyo, Dinowitz, Jaffee, Rosenthal, Sepulveda, Blake, Gunther, Ortiz, Otis|
|Amd §804, Ed L|
|Relates to clarifying health education.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3887B SPONSOR: Nolan (MS)
TITLE OF BILL: An act to amend the education law, in relation to clarifying health education   PURPOSE OR GENERAL IDEA OF BILL: This bill calls on school districts to ensure that their health education programs recognize the multiple dimensions of health by including mental health and the relation between mental and physical health in health education.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new paragraph to Education Law § 504 to declare that mental health as well as physical health is part of health education in the schools. Section 2 makes the bill effective on July 1, 2018.   JUSTIFICATION: New York State Education Department regulations recog- nize that there are several dimensions to health and health education including mental health. Statute, however, is not clear. This legis- lation, therefore, updates New York State law to keep public education apace with our advancements in the understanding and treatment of mental health issues. It has been forty years since New York's education laws first called for teaching about health matters in our schools. Over the years state law has expanded to recognize that knowledge about specific public health concerns such as alcohol, drug, tobacco abuse and the prevention and detection of certain cancers is critically important for students. Equally critical, but missing from current law and often the classroom, is the recognition that mental health is as important to health and wellbeing as physical health. The World Health Organization considers health to be "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity." Mental health, as we understand it in 2015, is an integral part of our overall health and should be an integral part of health education in New York schools. By ensuring that young people learn about mental health, we increase the likelihood that they will be able to more effectively recognize signs in themselves and others, including family members, and get the right help. Further, as we begin to teach the facts about mental health and openly discuss the issues from a health perspective, we will begin to remove the stigma surrounding mental illness - a stigma that causes ostracism and isolation, leads to bullying and keeps many students from getting the help they need. Over 90% of youth who die by suicide suffer from depression or another diagnosable and treatable mental illness at the time of their death. Over 50 percent of students with emotional or behavioral disorders drop out of high school and, of those who do remain in school, only 42% graduate. Health education that respects the importance of mental health and challenges of mental illness will help young people and their families feel more comfortable seeking help, improve academic performance and save lives. As New York works to restructure and integrate systems of health and mental health care, so too should our schools prepare our citizens of tomorrow to think differently about the role of mental health in their lives. This bill does not mandate curriculum. Students are already required to take health classes in order to graduate. Instead, this bill codifies in statute what state regulations already recognize that health is multidi- mensional. And, thereby brings state law up to date with our current understanding of health.   PRIOR LEGISLATIVE HISTORY: A.1911 of 2014   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This bill shall be effective July 1, 2018.
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STATE OF NEW YORK ________________________________________________________________________ 3887--B 2015-2016 Regular Sessions IN ASSEMBLY January 28, 2015 ___________ Introduced by M. of A. NOLAN, CUSICK, SKOUFIS -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the Committee on Educa- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, subdivision 4 as amended by chapter 181 5 of the laws of 2000 and paragraph a of subdivision 4 as amended by chap- 6 ter 39 of the laws of 2014, is amended to read as follows: 7 § 804. Health education regarding mental health, alcohol, drugs, 8 tobacco abuse and the prevention and detection of certain cancers. 1. 9 All schools under the jurisdiction of the department shall ensure that 10 their health education programs recognize the multiple dimensions of 11 health by including mental health and the relation of physical and 12 mental health so as to enhance student understanding, attitudes and 13 behaviors that promote health, well-being and human dignity. 14 2. All schools shall include, as an integral part of health education, 15 instruction so as to discourage the misuse and abuse of alcohol, tobac- 16 co[ ,] and other drugs and promote attitudes and behavior that enhance 17 health, well being, and human dignity. 18 [ 2.] 3. Instruction regarding alcohol, tobacco, and other drugs shall 19 be included in the health education provided for all elementary school 20 pupils and shall be taught by the regular classroom teachers or by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06654-06-6A. 3887--B 2 1 teachers certified to teach health education. Such instruction shall be 2 designed according to the needs and abilities of the pupils at succes- 3 sive grade levels with the purpose of developing desirable health behav- 4 ior, attitudes, and knowledge as well as self-reliance and problem solv- 5 ing capacity. 6 [ 3.] 4. Instruction regarding alcohol, tobacco, and other drugs, in 7 addition to continued health guidance in the junior high school grades 8 and the senior high schools, shall be an integral part of a required 9 health education course at each of these levels in the secondary schools 10 curriculum. Students shall be required to demonstrate knowledge in the 11 subject area through the use of a test, graded project or report, or any 12 other means prescribed by the school authorities regarding alcohol, 13 drugs, and tobacco. Any such course shall be taught by teachers holding 14 a certificate to teach health. Related courses in the secondary school 15 curriculum shall be taught in a manner supportive of health education 16 regarding alcohol, tobacco, and other drugs. In addition, instruction 17 regarding the dangers of driving while under the influence of alcohol or 18 drugs shall be an integral part of a required health education course in 19 the senior high schools. Such instruction shall be provided in all 20 senior high schools whether or not these schools also provide driver 21 education courses. 22 [ 3-a.] 5. Instruction regarding methods of prevention and detection of 23 certain cancers, including but not limited to breast cancer, skin 24 cancer, testicular cancer and other cancers where certain preventive 25 measures have become generally accepted and certain detection methods 26 have been adopted and recommended generally to the public. Such instruc- 27 tion shall be an integral part of a required health education course at 28 the senior high school level, in addition to continued health guidance 29 in senior high schools. Any such course shall be taught by teachers 30 holding a certificate to teach health. 31 [ 4.] 6. a. The commissioner may prescribe in regulations such health 32 education courses which include instruction regarding alcohol, tobacco, 33 and other drugs as the commissioner may deem necessary and desirable for 34 the welfare of pupils and the community. The contents may be varied to 35 meet the needs of particular school districts, or portions thereof, and 36 need not be uniform throughout the state, provided, however, that school 37 districts shall utilize either the curriculum for health education 38 instruction regarding alcohol, tobacco and other drugs prescribed by the 39 commissioner or a course approved by the commissioner in accordance with 40 criteria established by the commissioner. The commissioner is authorized 41 to make recommendations to the board of regents beginning December 42 first, two thousand fourteen and every three years thereafter relating 43 to the modernization of such instruction required pursuant to subdivi- 44 sion one of this section, to include the most up to date age appropriate 45 information available regarding the misuse and abuse of alcohol, tobacco 46 and other drugs, including but not limited to heroin and opioids. Such 47 instruction shall include, but not be limited to, information regarding 48 drugs and other substances that are more prevalent among school aged 49 youth. Such recommendations shall be the result of a collaboration 50 between the department, the office of alcoholism and substance abuse 51 services and the department of health. If the board of regents adopts 52 such curriculum, the curriculum requirement shall take effect no later 53 than the next school year after such curriculum has been adopted. 54 b. The commissioner shall make available an interpersonal violence 55 prevention education package for grades kindergarten through twelve, 56 which package may consist of student pamphlets, parent pamphlets, vide-A. 3887--B 3 1 otapes and other informative materials to be distributed to school 2 districts, and shall encourage the use of such material as part of the 3 health or other related curricula or programs. 4 c. The regents shall review the health curriculum requirements in 5 existence on the effective date of this paragraph for the purpose of 6 streamlining such curriculum and identifying any outdated components 7 that may be eliminated or consolidated in order to ensure that students 8 have sufficient time and instruction to develop skills to address issues 9 of violence prevention and mental health. To the extent appropriate, the 10 regents shall modify the existing curriculum to provide greater focus on 11 the development of skills, by no later than middle school, that are 12 needed to recognize, cope with and address potentially violent inci- 13 dents[ ,] including an understanding of [ student's] student roles in 14 emergency situations[ , what to do when confronted with another student15 who is experiencing a mental health problem,] and other related skills 16 designed to reduce the threat of violence in schools. 17 [ 5.] 7. School authorities shall provide the needed facilities, time, 18 and place for the instruction set forth herein and shall provide learn- 19 ing aids and curriculum resource materials which contribute to effective 20 teaching methods and learning in health education regarding alcohol, 21 tobacco, and other drugs. 22 [ 6.] 8. All pre-service training programs in the state for elementary 23 teachers shall include adequate preparation regarding the instruction in 24 alcohol, tobacco, and other drugs set forth herein, and no teacher shall 25 be licensed except upon satisfactory demonstration of the competencies 26 included in the institutional proposals approved by the [ education] 27 department. 28 [ 7.] 9. Nothing contained in this section shall be deemed to diminish 29 or impair the duties of the commissioner with respect to the continuing 30 program for critical health problems established by chapter seven 31 hundred eighty-seven of the laws of nineteen hundred sixty-seven as 32 amended. The commissioner shall coordinate actions taken under authority 33 of this section with the provisions of said chapter as they relate to 34 health education in schools, inservice training and training programs, 35 and curriculum or syllabus development regarding the deleterious effects 36 resulting from the use, misuse, and abuse of alcohol, tobacco, and other 37 drugs. 38 § 2. This act shall take effect July 1, 2018.