Regular Session 2017-2018 House Bill 0121 P.N. 0299

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

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.

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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