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PRINTER'S NO. 299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
121
Session of
2017
INTRODUCED BY KAUFER, READSHAW, FEE, DRISCOLL, TAYLOR, MURT,
RADER, PICKETT, KAVULICH, DAVIS, MULLERY, NELSON, McNEILL,
LONGIETTI, WATSON, BOBACK, SIMMONS, SAYLOR, CUTLER AND COOK,
FEBRUARY 3, 2017
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
further providing for alcohol, chemical and tobacco abuse
program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1547 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1547. Alcohol, [Chemical and] Tobacco and Other Drug
Abuse Program.--(a) Beginning with school year 1991-1992 and
each year thereafter, each public school student shall receive
mandatory instruction in alcohol, [chemical and] tobacco and
other drug abuse in every year in every grade from kindergarten
through grade twelve. The instruction shall be integrated within
the health course of study required in accordance with the State
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Board of Education regulations. In grades where health is
offered, instruction may also be integrated into other
appropriate courses of study. In grades where health is not
offered, instruction shall be integrated into an appropriate
curriculum requirement as listed in 22 Pa. Code § 5.4(b).
(1) This instruction:
(i) Shall be age appropriate.
(ii) Shall be sequential in method of study.
(iii) Shall discourage the use of alcohol, tobacco and
controlled substances.
[(iv) Shall communicate that the use of illicit drugs and
the improper use of legally obtained drugs is wrong.]
(v) Shall create a program with the goal of reducing or
eliminating the incidence and prevalence of student alcohol,
tobacco and other drug abuse.
(vi) Shall communicate opioid abuse prevention, with an
emphasis on the prescription drug epidemic and the connection
between prescription opioid abuse and addiction to other drugs,
including heroin.
(vii) Shall increase the knowledge and skills of students
for avoiding the harmful effects of alcohol, tobacco and other
drug use.
(2) [School districts] Each school district may provide a
comprehensive program of prevention and may utilize any
appropriate public or private materials, personnel and other
resources in developing and implementing this program of
instruction[.] and prevention. School districts are encouraged
to use interactive materials to maximize group interactions with
prevention programs with the involvement of community components
including, but not limited to, the use of self-help groups. The
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Department of [Health, Office of] Drug and Alcohol Programs,
shall make available information about appropriate curriculum
materials and the creation of a comprehensive program of
prevention upon request of a school district. In developing its
alcohol, [chemical and] tobacco and other drug abuse
instructional program, each school district shall consult with
the single county authority designated by the Department of
[Health] Drug and Alcohol Programs to provide drug and alcohol
services in the school district's area.
(b) Each school district is hereby authorized to develop and
offer programs relating to alcohol, [chemical and] tobacco and
other drug abuse for parents of students enrolled in the public
schools. If a school district does develop such programs, they
shall be developed in consultation with the single county
authority designated by the Department of [Health] Drug and
Alcohol Programs to provide drug and alcohol services in the
school district's area. Such programs shall be offered at no
cost to parents.
(c) The Secretary of Education, in consultation with the
Secretary of [Health] Drug and Alcohol Programs, shall develop
curriculum guidelines for instruction on alcohol, [chemical and]
tobacco and other drug abuse and the laws governing their use
and misuse. These guidelines shall encourage the inclusion of
the following elements where appropriate in the instruction:
(1) Detailed factual information regarding the
physiological, psychological, sociological and legal aspects of
substance abuse.
(2) Detailed information regarding the availability of help
and assistance for students and their families with alcohol,
[chemical and] tobacco and other drug dependency problems,
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including prescription opioid abuse.
(3) The goals of quality education as set forth in 22 Pa.
Code § 5.13(f).
(4) Skills needed to evaluate advertisements for and media
portrayals of alcohol, [chemical and] tobacco and other drug
products.
(5) Detailed instruction on the need for and the role of
lawful authority and law-abiding behavior, including interaction
with members of the legal and justice community.
(d) Beginning with the 1991-1992 school year and each year
thereafter, the Secretary of Education, in consultation with the
Secretary of [Health] Drug and Alcohol Programs, shall make
available, to all school districts and intermediate units, in-
service training programs based upon the instruction
requirements established in subsection (a) and the curriculum
guidelines established in subsection (c). The programs shall
provide preparation for the teaching of mandated instruction in
alcohol, [chemical and] tobacco and other drug abuse. The in-
service programs may utilize the single county authorities
designated by the Department of [Health] Drug and Alcohol
Programs or such other institutions, agencies or persons as the
Secretary of Education deems appropriate.
(e) Beginning with the 1991-1992 school year, each school
district shall provide, as part of its in-service training,
programs on alcohol, drugs, tobacco and dangerous controlled
substances for all instructors whose teaching responsibilities
include courses of study in which mandated instruction
concerning alcohol, [chemical and] tobacco and other drug abuse
is integrated. To comply with this requirement, a school
district may utilize the programs made available by the
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Department of Education or use other alternative programs.
(f) The governing board of each intermediate unit in which a
nonpublic school is located shall have the authority and the
duty to loan to all students attending nonpublic schools within
the intermediate unit all educational materials developed by
either the Department of Education or the Department of [Health]
Drug and Alcohol Programs, pursuant to this act for the
instruction of public school students on the nature and effects
of drugs, alcohol, tobacco and dangerous controlled substances.
Local school boards need not expend funds which are not provided
by either the Federal or State Government for drug education
programs for the use or loan of these materials. A nonpublic
school may utilize the in-service training programs made
available by the Department of Education through the
intermediate unit.
(g) On or before June 1, 1991, the Secretary of Education
shall recommend to the General Assembly a plan to require and
assist each school district to establish and maintain a program
to provide appropriate counseling and support services to
students who experience problems related to the use of drugs,
alcohol and dangerous controlled substances.
[(h) On or before June 1, 1992, the Secretary of Education
shall report to the General Assembly concerning the 1991-1992
school year activities of the Department of Education pertaining
to the provisions of this section and concerning proposed 1992-
1993 school year activities of the Department of Education
pertaining to this section.]
(h.1) By June 1, 2019, and by June 1 every fifth year
thereafter, the Department of Education, in consultation with
the Department of Drug and Alcohol Programs, shall report to the
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General Assembly concerning the preceding school year activities
of the Department of Education and the Department of Drug and
Alcohol Programs pertaining to the provisions of this section.
The report shall include:
(1) A plan to assist school districts in establishing a
comprehensive program of prevention, including the coordination
of self-help groups.
(2) An evaluation of the effectiveness of the program in
reducing the use of alcohol, tobacco and other drugs, including
prescription opioids, by students.
(3) A plan to actively involve staff, students, parents and
other community members in the development and implementation of
the program.
(4) A plan by the Department of Education to ensure
educational staff members have the most current information
available on the subject of substance abuse and on the school
district's comprehensive alcohol, tobacco and other drug abuse
programs.
(i) The State Board of Education shall adopt rules and
regulations necessary for the implementation of this section.
Section 2. The amendment of section 1547(a), (d) and (e) of
the act shall apply to the 2018-2019 school year and each school
year thereafter.
Section 3. This act shall take effect in 60 days.
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