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PRINTER'S NO. 3833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2333
Session of
2015
INTRODUCED BY GAINEY, DERMODY, TAYLOR, MILLARD, DEAN, DRISCOLL,
DAVIS, BULLOCK, REGAN, NEILSON, MAHONEY, YOUNGBLOOD AND
GINGRICH, SEPTEMBER 14, 2016
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 14, 2016
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,
amended December 19, 1990 (P.L.1362, No.211), is amended to
read:
Section 1547. Alcohol, Chemical [and], Tobacco, Prescription
Drug and Controlled Substance Misuse and Abuse Program.--(a)
Beginning with school year 1991-1992 and each year thereafter,
each public school and charter school student shall receive
mandatory instruction in alcohol, chemical and tobacco abuse in
every year in every grade from kindergarten through grade
twelve. Beginning with the 2017-2018 school year, the
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instruction mandated under this subsection shall include
instruction in the misuse and abuse of prescription drugs and
controlled substances listed on the schedules of controlled
substances under section 4 of the act of April 14, 1972
(P.L.233, No.64), known as "The Controlled Substance, Drug,
Device and Cosmetic Act," which have a potential for misuse or
abuse. 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 ยง 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.], prescription drugs and controlled
substances listed on the schedules of controlled substances
under section 4 of "The Controlled Substance, Drug, Device and
Cosmetic Act," which have a potential for misuse or abuse.
(iv) Shall communicate that the use and possession of
illicit drugs and the improper use of legally obtained drugs [is
wrong.], including prescription drugs, is a violation of law
subject to criminal prosecution and may result in addiction.
(v) Shall include instruction in prescription drug misuse
and abuse, including information on the connection between
prescription drug misuse and abuse and addiction to illicit
drugs, such as heroin.
(vi) Shall include prevention strategies designed to prevent
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early experimentation and use of controlled substances and
prescription drugs.
(2) School districts may utilize any appropriate public or
private materials, personnel and other resources in developing
and implementing this program of instruction. The Department of
[Health, Office of] Drug and Alcohol Programs[,] shall make
available information about appropriate curriculum materials
upon request of a school district or charter school. In
developing its alcohol, chemical [and], tobacco, controlled
substance and prescription drug misuse and abuse instructional
program, each school district and charter school 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 and charter school is hereby
authorized to develop and offer programs relating to alcohol,
chemical [and], tobacco, controlled substance and prescription
drug misuse and abuse for parents of students enrolled in [the
public schools] a public school or a charter school. 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, controlled substance and prescription drug
misuse and abuse and the laws governing their use and misuse.
These guidelines shall encourage the inclusion of the following
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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 dependency problems.
(3) The goals of quality education as set forth in 22 Pa.
Code ยง 5.13(f).
(4) Skills needed to evaluate advertisements for and media
portrayals of alcohol, chemical and tobacco products and the
advertisement and marketing of prescription drugs.
(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.
(6) Detailed instruction on the misuse and abuse of
prescription drugs, including opioid analgesics and other
controlled substances approved for medical use that have the
potential for misuse or abuse.
(7) Detailed factual information on the availability and use
of opioid antagonists and opioid abuse prevention and treatment.
(d) (1) 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, including charter
schools in such 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
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alcohol, chemical and tobacco 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,
in consultation with the Secretary of Drug and Alcohol Programs,
deems appropriate.
(2) Beginning with the 2017-2018 school year and each school
year thereafter, the in-service training programs made available
to school districts, including charter schools in such school
districts, and intermediate units in accordance with paragraph
(1) shall include information necessary to prepare for the
teaching of mandated instruction in illicit drugs, risks of
addiction and the misuse and abuse of prescription drugs,
including opioid analgesics and other controlled substances
approved for medical use that have a potential for misuse or
abuse.
(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 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.
(2) Beginning with the 2017-2018 school year, the in-service
training programs provided by each school district pursuant to
paragraph (1) shall incorporate instruction on prescription
drugs, including opioid analgesics and other controlled
substances approved for medical use that have a potential for
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misuse and abuse. The Department of Education, in consultation
with the Department of Drug and Alcohol Programs, shall develop
the curriculum guidelines based on the instruction requirements
established in subsection (a)(1)(iii) and (v) and the curriculum
guidelines established in subsection (c)(4), (6) and (7). A
school district may utilize programs made available by the
Department of Education, the Department of Drug and Alcohol
Programs, the Federal Government or any other alternative
program as approved by the Secretary of Education, in
consultation with the Department of Drug and Alcohol 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 and charter school
students on the nature and effects of drugs, alcohol, tobacco
[and dangerous], prescription drugs and controlled substances[.]
listed on the schedules of controlled substances under section 4
of "The Controlled Substance, Drug, Device and Cosmetic Act,"
which have a potential for misuse or abuse. 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] 2017, the Secretary of
Education shall recommend to the General Assembly a plan to
require and assist each school district to establish and
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maintain a program to provide appropriate counseling and support
services to students who experience problems related to the use
of drugs, alcohol [and dangerous], prescription drugs and
controlled substances[.] listed on the schedules of controlled
substances under section 4 of "The Controlled Substance, Drug,
Device and Cosmetic Act," which have a potential for misuse or
abuse.
(h) On or before June 1, [1992] 2018, the Secretary of
Education shall report to the General Assembly concerning the
[1991-1992] 2017-2018 school year activities of the Department
of Education pertaining to the provisions of this section and
concerning proposed [1992-1993] 2018-2019 school year activities
of the Department of Education pertaining to this section.
(i) The State Board of Education shall adopt rules and
regulations necessary for the implementation of this section.
Section 2. This act shall take effect in 60 days.
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