Regular Session 2017-2018 House Bill 0121 P.N. 2058

PRIOR PRINTER'S NO. 299

PRINTER'S NO. 2058

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, COOK,

WARD, REESE, ROZZI, GALLOWAY AND McCLINTON, FEBRUARY 3, 2017

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 19, 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).] §§

4.21 (RELATING TO ELEMENTARY EDUCATION: PRIMARY AND INTERMEDIATE

LEVELS), 4.22 (RELATING TO MIDDLE LEVEL EDUCATION) AND 4.23

(RELATING TO HIGH SCHOOL EDUCATION).

(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

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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

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.

(A.1) BEGINNING WITH THE 2018-2019 SCHOOL YEAR, FOR STUDENTS

IN GRADES SIX THROUGH TWELVE, THE INSTRUCTION REQUIRED UNDER

SUBSECTION (A) SHALL INCLUDE INSTRUCTION RELATED TO THE

PREVENTION OF OPIOID ABUSE, WITH AN EMPHASIS ON THE PRESCRIPTION

DRUG EPIDEMIC AND THE CONNECTION BETWEEN PRESCRIPTION OPIOID

ABUSE AND ADDICTION TO OTHER DRUGS, INCLUDING HEROIN. THE

INSTRUCTION UNDER THIS SUBSECTION SHALL ENCOURAGE THE USE OF

SELF-HELP GROUPS. NOT LATER THAN THE BEGINNING OF THE 2018-2019

SCHOOL YEAR, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF

HEALTH SHALL DEVELOP JOINTLY A MODEL CURRICULUM FOR THIS PURPOSE

AND EACH DEPARTMENT SHALL POST THE MODEL CURRICULUM ON ITS

PUBLICLY ACCESSIBLE INTERNET WEBSITE. THE MODEL CURRICULUM

DEVELOPED UNDER THIS SUBSECTION SHALL BE REVISED WHEN NECESSARY

TO ENSURE THAT THE MODEL CURRICULUM PROVIDES THE MOST CURRENT

INFORMATION. IN PROVIDING THE INSTRUCTION REQUIRED UNDER THIS

SUBSECTION, A SCHOOL DISTRICT MAY, BUT SHALL NOT BE REQUIRED TO,

USE THE MODEL CURRICULUM.

(b) Each school district is hereby authorized to develop and

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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,

including prescription opioid abuse.

(3) The goals of quality education as set forth in 22 Pa.

Code [§ 5.13(f)] (RELATING TO EDUCATION).

(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) (1) Beginning with the 1991-1992 school year and each

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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.

(2) BEGINNING WITH THE 2018-2019 SCHOOL YEAR, THE DEPARTMENT

OF EDUCATION AND THE DEPARTMENT OF HEALTH SHALL DEVELOP JOINTLY

AND SHALL MAKE AVAILABLE TO ALL SCHOOL DISTRICTS AND NONPUBLIC

SCHOOLS IN-SERVICE TRAINING PROGRAMS BASED UPON THE INSTRUCTION

REQUIREMENTS ESTABLISHED UNDER SUBSECTION (A.1) AND THE MODEL

CURRICULUM DEVELOPED UNDER SUBSECTION (A.1). THE IN-SERVICE

TRAINING PROGRAMS DEVELOPED UNDER THIS SUBSECTION SHALL BE

REVISED WHEN NECESSARY TO ENSURE THAT THE IN-SERVICE TRAINING

PROGRAMS PROVIDE THE MOST CURRENT INFORMATION.

(e) (1) 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

Department of Education or use other alternative programs.

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(2) BEGINNING WITH THE 2018-2019 SCHOOL YEAR AND EVERY THREE

(3) YEARS THEREAFTER, EACH SCHOOL DISTRICT SHALL PROVIDE, AS

PART OF ITS IN-SERVICE TRAINING, PROGRAMS BASED UPON THE

INSTRUCTION REQUIREMENTS ESTABLISHED UNDER SUBSECTION (A.1) FOR

ALL INSTRUCTORS WHOSE TEACHING RESPONSIBILITIES INCLUDE COURSES

OF STUDY IN WHICH SUCH MANDATED INSTRUCTION IS INTEGRATED. TO

COMPLY WITH THIS REQUIREMENT, A SCHOOL DISTRICT MAY UTILIZE THE

IN-SERVICE TRAINING PROGRAMS MADE AVAILABLE UNDER SUBSECTION (D)

(2).

(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

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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.]

(G.1) PROFESSIONAL EDUCATORS WHO COMPLETE IN-SERVICE

TRAINING UNDER THIS SECTION MAY APPLY SUCH IN-SERVICE TRAINING

TOWARD THEIR CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

UNDER SECTION 1205.2.

(h.1) By June 1, 2019, and by June 1 SEPTEMBER 1, 2020, AND

BY SEPTEMBER 1 OF every fifth year thereafter, the Department of

Education, in consultation with the Department of Drug and

Alcohol Programs HEALTH , shall report to the General Assembly

concerning the preceding school year activities of the

Department of Education and the Department of Drug and Alcohol

Programs HEALTH pertaining to the provisions of this section.

The report shall include:

(1) A plan DESCRIPTION OF EFFORTS BY THE DEPARTMENT OF

EDUCATION AND THE DEPARTMENT OF HEALTH to assist school

districts in establishing a comprehensive program of prevention,

including the coordination of self-help groups. PROVIDING THE

INSTRUCTION REQUIRED UNDER SUBSECTIONS (A) AND (A.1), INCLUDING

EFFORTS TO DEVELOP AND POST THE MODEL CURRICULUM REQUIRED UNDER

SUBSECTION (A.1) AND TO DEVELOP AND MAKE AVAILABLE THE IN-

SERVICE TRAINING PROGRAMS REQUIRED UNDER SUBSECTION (D)(2).

(2) An evaluation of the effectiveness of the program

INSTRUCTION REQUIRED UNDER SUBSECTIONS (A) AND (A.1) AND OF

CURRICULUM MATERIALS AND IN-SERVICE TRAINING PROGRAMS DEVELOPED

BY THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH

UNDER THIS SECTION in reducing the use of alcohol, tobacco and

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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)

ADDITION OF SECTION 1547(G.1) 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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