PRIOR PRINTER'S NO. 2284 PRINTER'S NO. 2445
No. 1810 Session of 1989
INTRODUCED BY JAROLIN, DeWEESE, KUKOVICH, HASAY, FEE, MICOZZIE,
DOMBROWSKI, WAMBACH, GEORGE, SALOOM, TIGUE, KOSINSKI, RYAN,
FARMER, REBER, FOX, NAHILL, J. H. CLARK, CORNELL, BELFANTI,
CARN, JOSEPHS, STEIGHNER, MAINE, BLAUM, DALEY, STUBAN,
STABACK, McCALL, COWELL AND STISH, JUNE 29, 1989
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 1989
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," requiring instruction relating to the
6 cause and prevention of drug and alcohol abuse; and <--
7 permitting the employment of a certified addiction counselor
8 by school districts. CAUSE AND PREVENTION OF ALCOHOL, <--
9 CHEMICAL AND TOBACCO ABUSE; PROVIDING FOR IN-SERVICE TRAINING
10 PROGRAMS AND WORKSHOPS; AND REQUIRING IN-SERVICE TRAINING FOR
11 TEACHERS IN THE FIELD OF SUBSTANCE ABUSE.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1605 of the act of March 10, 1949 <--
15 (P.L.30, No.14), known as the Public School Code of 1949, is
16 amended by adding subsections to read:
17 Section 1605. Courses of Study.--* * *
18 (c) Each public school student in grades kindergarten
19 through twelve inclusive shall receive mandatory instruction in
20 alcohol and chemical abuse. The instruction shall be developed
1 or approved by the Department of Health, Office of Drug and
2 Alcohol Programs, and shall include, but not be limited to, drug
3 and alcohol information, prevention programming and intervention
4 programming. The instruction may be integrated into existing
5 health instruction courses.
6 (d) School boards shall conduct an assessment of the need
7 for drug, alcohol or chemical abuse referral services and submit
8 a written report to the Secretary of Education by June 30, 1990.
9 Such assessment instrument shall be devised by the Department of
10 Education and made available at no cost to school districts. The
11 assessment shall not include the testing of individual students
12 or a survey which permits the identification of the responses of
13 individual students. Based upon this assessment by local school
14 boards of the need for such services, a school district may have
15 an agreement or contract with or employ a person or organization
16 approved by the Office of Drug and Alcohol Programs or a
17 certified addictions counselor to handle referral of students
18 with problems relating to drug, alcohol or chemical abuse.
19 (e) For purposes of reimbursement, any programs or services
20 developed pursuant to subsection (c) or (d) shall be considered
21 to be part of actual instructional expenditures.
22 Section 2. This act shall apply to the school year next
23 commencing after the effective date of this act and to each
24 school year thereafter.
25 Section 3. This act shall take effect immediately.
26 SECTION 1. SECTION 1547 OF THE ACT OF MARCH 10, 1949 <--
27 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
28 JULY 10, 1986 (P.L.1270, NO.117), IS AMENDED TO READ:
29 SECTION 1547. ALCOHOL [AND], CHEMICAL AND TOBACCO ABUSE
30 PROGRAM.--(A) BEGINNING WITH SCHOOL YEAR [1987-1988] 1989-1990
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1 AND EACH YEAR THEREAFTER, EACH PUBLIC SCHOOL STUDENT SHALL
2 RECEIVE MANDATORY INSTRUCTION IN ALCOHOL [AND], CHEMICAL AND
3 TOBACCO ABUSE IN EVERY YEAR IN EVERY GRADE FROM KINDERGARTEN
4 THROUGH GRADE TWELVE. THE INSTRUCTION SHALL BE INTEGRATED WITHIN
5 THE HEALTH COURSE OF STUDY REQUIRED IN ACCORDANCE WITH THE STATE
6 BOARD OF EDUCATION REGULATIONS. IN GRADES WHERE HEALTH IS
7 OFFERED, INSTRUCTION MAY ALSO BE INTEGRATED INTO OTHER
8 APPROPRIATE COURSES OF STUDY. IN GRADES WHERE HEALTH IS NOT
9 OFFERED, INSTRUCTION SHALL BE INTEGRATED INTO AN APPROPRIATE
10 CURRICULUM REQUIREMENT AS LISTED IN 22 PA. CODE § 5.4(B) AND
11 (C).
12 (1) THIS INSTRUCTION:
13 (I) SHALL BE AGE-APPROPRIATE.
14 (II) SHALL BE SEQUENTIAL IN METHOD OF STUDY.
15 (III) SHALL DISCOURAGE THE USE OF ALCOHOL, TOBACCO AND
16 CONTROLLED SUBSTANCES.
17 (IV) SHALL COMMUNICATE THAT THE USE OF ILLICIT DRUGS AND THE
18 IMPROPER USE OF LEGALLY-OBTAINED DRUGS IS WRONG.
19 (2) SCHOOL DISTRICTS MAY UTILIZE ANY APPROPRIATE PUBLIC OR
20 PRIVATE MATERIALS, PERSONNEL AND OTHER RESOURCES IN DEVELOPING
21 AND IMPLEMENTING THIS PROGRAM OF INSTRUCTION. THE DEPARTMENT OF
22 HEALTH, OFFICE OF DRUG AND ALCOHOL PROGRAMS, SHALL MAKE
23 AVAILABLE INFORMATION ABOUT APPROPRIATE CURRICULUM MATERIALS
24 UPON REQUEST OF A SCHOOL DISTRICT. IN DEVELOPING ITS ALCOHOL
25 [AND], CHEMICAL AND TOBACCO ABUSE INSTRUCTIONAL PROGRAM, EACH
26 SCHOOL DISTRICT SHALL CONSULT WITH THE SINGLE COUNTY AUTHORITY
27 DESIGNATED BY THE DEPARTMENT OF HEALTH TO PROVIDE DRUG AND
28 ALCOHOL SERVICES IN THE SCHOOL DISTRICT'S AREA.
29 (B) EACH SCHOOL DISTRICT IS HEREBY AUTHORIZED TO DEVELOP AND
30 OFFER PROGRAMS RELATING TO ALCOHOL [AND], CHEMICAL AND TOBACCO
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1 ABUSE FOR PARENTS OF STUDENTS ENROLLED IN THE PUBLIC SCHOOLS. IF
2 A SCHOOL DISTRICT DOES DEVELOP SUCH PROGRAMS, THEY SHALL BE
3 DEVELOPED IN CONSULTATION WITH THE SINGLE COUNTY AUTHORITY
4 DESIGNATED BY THE DEPARTMENT OF HEALTH TO PROVIDE DRUG AND
5 ALCOHOL SERVICES IN THE SCHOOL DISTRICT'S AREA. SUCH PROGRAMS
6 SHALL BE OFFERED AT NO COST TO PARENTS.
7 (C) THE SECRETARY OF EDUCATION, IN CONSULTATION WITH THE
8 SECRETARY OF HEALTH, SHALL DEVELOP CURRICULUM GUIDELINES FOR
9 INSTRUCTION ON ALCOHOL, CHEMICAL AND TOBACCO ABUSE AND THE LAWS
10 GOVERNING THEIR USE AND MISUSE. THESE GUIDELINES SHALL ENCOURAGE
11 THE INCLUSION OF THE FOLLOWING ELEMENTS WHERE APPROPRIATE IN THE
12 INSTRUCTION:
13 (1) DETAILED FACTUAL INFORMATION REGARDING THE
14 PHYSIOLOGICAL, PSYCHOLOGICAL, SOCIOLOGICAL AND LEGAL ASPECTS OF
15 SUBSTANCE ABUSE.
16 (2) DETAILED INFORMATION REGARDING THE AVAILABILITY OF HELP
17 AND ASSISTANCE FOR STUDENTS AND THEIR FAMILIES WITH ALCOHOL,
18 CHEMICAL AND TOBACCO DEPENDENCY PROBLEMS.
19 (3) THE GOALS OF QUALITY EDUCATION AS SET FORTH IN 22 PA.
20 CODE § 5.13(F).
21 (4) SKILLS NEEDED TO EVALUATE ADVERTISEMENTS FOR, AND MEDIA
22 PORTRAYALS OF, ALCOHOL, CHEMICAL AND TOBACCO PRODUCTS.
23 (5) DETAILED INSTRUCTION ON THE NEED FOR AND THE ROLE OF
24 LAWFUL AUTHORITY AND LAW-ABIDING BEHAVIOR, INCLUDING INTERACTION
25 WITH MEMBERS OF THE LEGAL AND JUSTICE COMMUNITY.
26 (D) BEGINNING WITH THE 1989-1990 SCHOOL YEAR AND EACH YEAR
27 THEREAFTER, THE SECRETARY OF EDUCATION, IN CONSULTATION WITH THE
28 SECRETARY OF HEALTH, SHALL MAKE AVAILABLE, TO ALL SCHOOL
29 DISTRICTS, IN-SERVICE WORKSHOPS AND TRAINING PROGRAMS BASED UPON
30 THE INSTRUCTION REQUIREMENTS ESTABLISHED IN SUBSECTION (A) AND
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1 THE CURRICULUM GUIDELINES ESTABLISHED IN SUBSECTION (C). THE
2 PROGRAMS AND WORKSHOPS SHALL PROVIDE PREPARATION FOR THE
3 TEACHING OF MANDATED INSTRUCTION IN ALCOHOL, CHEMICAL AND
4 TOBACCO ABUSE. THE IN-SERVICE PROGRAMS AND WORKSHOPS MAY UTILIZE
5 THE SINGLE COUNTY AUTHORITIES DESIGNATED BY THE DEPARTMENT OF
6 HEALTH OR SUCH OTHER INSTITUTIONS, AGENCIES OR PERSONS AS THE
7 SECRETARY OF EDUCATION DEEMS APPROPRIATE. THE SECRETARY OF
8 EDUCATION SHALL MAKE SUCH IN-SERVICE WORKSHOPS AND TRAINING
9 PROGRAMS AVAILABLE TO ALL SCHOOL DISTRICTS AT NO COST TO THE
10 DISTRICTS OF THE EMPLOYES. SUCH PROGRAMS AND WORKSHOPS ALSO
11 SHALL BE MADE AVAILABLE BY THE DEPARTMENT OF EDUCATION TO ALL
12 OTHER SCHOOL DISTRICT INSTRUCTIONAL AND ADMINISTRATIVE STAFF AT
13 THE DISCRETION OF THE LOCAL DISTRICT AND AT NO COST TO THE
14 DISTRICTS OR THE EMPLOYES.
15 (E) BEGINNING WITH THE 1989-1990 SCHOOL YEAR AND EACH YEAR
16 THEREAFTER, EACH SCHOOL DISTRICT SHALL PROVIDE IN-SERVICE
17 TRAINING PROGRAMS ON ALCOHOL, DRUGS, TOBACCO AND DANGEROUS
18 CONTROLLED SUBSTANCES FOR ALL INSTRUCTORS WHOSE TEACHING
19 RESPONSIBILITIES INCLUDE COURSES OF STUDY IN WHICH MANDATED
20 INSTRUCTION CONCERNING ALCOHOL, CHEMICAL AND TOBACCO ABUSE IS
21 INTEGRATED. TO COMPLY WITH THIS REQUIREMENT, A SCHOOL DISTRICT
22 MAY UTILIZE THE PROGRAMS AND WORKSHOPS MADE AVAILABLE BY THE
23 DEPARTMENT OF EDUCATION OR USE OTHER ALTERNATIVE PROGRAMS AND
24 WORKSHOPS. SCHOOL DISTRICTS SHALL SUBMIT WRITTEN DESCRIPTIONS OF
25 SUCH ALTERNATIVE IN-SERVICE PROGRAMS AND WORKSHOPS TO THE
26 DEPARTMENT OF EDUCATION.
27 (F) THE GOVERNING BOARD OF EACH SCHOOL DISTRICT IN WHICH A
28 NONPUBLIC SCHOOL IS LOCATED SHALL HAVE THE AUTHORITY AND THE
29 DUTY TO LOAN TO ALL STUDENTS ATTENDING NONPUBLIC SCHOOLS WITHIN
30 THE DISTRICT ALL EDUCATIONAL MATERIALS DEVELOPED BY EITHER THE
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1 DEPARTMENT OF EDUCATION OR THE DEPARTMENT OF HEALTH, PURSUANT TO
2 THIS ACT FOR THE INSTRUCTION OF PUBLIC SCHOOL STUDENTS ON THE
3 NATURE AND AFFECTS OF DRUGS, ALCOHOL, TOBACCO AND DANGEROUS
4 CONTROLLED SUBSTANCES. THE SECRETARY OF EDUCATION AND THE
5 SECRETARY OF HEALTH SHALL PROVIDE SUFFICIENT QUANTITIES OF THESE
6 MATERIALS FOR USE BY SCHOOL DISTRICTS AND NONPUBLIC SCHOOL
7 STUDENTS SO THAT LOCAL SCHOOL BOARDS NEED NOT EXPEND FUNDS FOR
8 THE USE OR LOAN OF THESE MATERIALS.
9 (G) ON OR BEFORE APRIL 1, 1990, THE SECRETARY OF EDUCATION
10 SHALL RECOMMEND TO THE GENERAL ASSEMBLY A PLAN TO REQUIRE AND
11 ASSIST EACH SCHOOL DISTRICT TO ESTABLISH AND MAINTAIN A PROGRAM
12 TO PROVIDE APPROPRIATE COUNSELING AND SUPPORT SERVICES TO
13 STUDENTS WHO EXPERIENCE PROBLEMS RELATED TO THE USE OF DRUGS,
14 ALCOHOL AND DANGEROUS CONTROLLED SUBSTANCES.
15 (H) ON OR BEFORE JUNE 1, 1990, THE SECRETARY OF EDUCATION
16 SHALL REPORT TO THE GENERAL ASSEMBLY CONCERNING THE 1989-1990
17 SCHOOL YEAR ACTIVITIES OF THE DEPARTMENT OF EDUCATION PERTAINING
18 TO THE PROVISIONS OF THIS SECTION AND CONCERNING PROPOSED 1990-
19 1991 SCHOOL YEAR ACTIVITIES OF THE DEPARTMENT OF EDUCATION
20 PERTAINING TO THIS SECTION.
21 (I) THE STATE BOARD OF EDUCATION SHALL ADOPT RULES AND
22 REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
23 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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