Regular Session 2017-2018 Senate Bill 1013 P.N. 1404

PRINTER'S NO. 1404

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1013

Session of

2018

INTRODUCED BY GREENLEAF, ARGALL, RESCHENTHALER, MENSCH,

McGARRIGLE, RAFFERTY, KILLION, COSTA AND LEACH,

JANUARY 2, 2018

REFERRED TO EDUCATION, JANUARY 2, 2018

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 November 6, 2017 (P.L.1142, No.55), is amended to read:

Section 1547. Alcohol, Chemical and Tobacco 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 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 §§ 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 be evidence-based and reviewed and updated

annually to reflect current research.

(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 and the Department of Drug and Alcohol Programs, jointly,

shall make available information about appropriate curriculum

materials upon request of a school district. In developing its

alcohol, chemical and tobacco abuse instructional program, each

school district shall consult with the single county authority

designated by the Department of Drug and Alcohol Programs to

provide drug and alcohol services in the school district's

area.] The Department of Education, the Department of Health,

the Department of Drug and Alcohol Programs and the commission,

in consultation with the center, shall compile a list of

evidence-based alcohol, chemical and tobacco abuse instructional

programs, including opioid abuse prevention programs as required

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under subsection (a.1), from which a school district may choose

a program to use in the district's elementary, middle and high

school education curricula.

(3) Each school district shall participate in the

Pennsylvania Youth Survey and utilize the results from the

survey to help determine which evidence-based programs best

address the needs of the students in the district.

(4) The commission and center shall, in cooperation with the

Department of Education, communicate to all school districts how

the commission and center may be resources to school districts

in helping to implement evidence-based programs.

(a.1) Beginning with the 2018-2019 school year, for students

in grades [six] three 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. This

instruction shall be a stand-alone unit in the program and

reflect the most recent evidence-based standards and practices.

Not later than the beginning of the 2018-2019 school year, the

Department of Education, the Department of Health [and], the

Department of Drug and Alcohol Programs and the commission, in

consultation with the center, shall develop jointly a model

curriculum for this purpose and each department, the commission

and the center shall post the model curriculum on [its] their

publicly accessible Internet [website] websites. 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

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required to, use the model curriculum.

(b) Each school district [is hereby authorized to] under

guidelines established by the Department of Education,

Department of Health and Department of Drug and Alcohol Programs

shall develop and offer outreach programs relating to alcohol,

chemical and tobacco abuse, including opioid abuse, for parents

or legal guardians of students enrolled in the public schools.

[If a school district does develop such programs, they] Such

programs shall be developed in consultation with the single

county authority designated by the Department of Drug and

Alcohol Programs to provide drug and alcohol services in the

school district's area. Such programs may include educating

parents and guardians on recognizing warning signs of substance

abuse and providing available resources and shall be offered at

times convenient to the parents and guardians of the district on

school premises, or in other suitable facilities, at no cost to

parents and guardians.

Secretary of Health [and], the Secretary of Drug and Alcohol

Programs, the executive director of the commission and the

director of the center, shall develop curriculum guidelines

which are evidence-based for instruction on alcohol, chemical

and tobacco 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,

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chemical and tobacco dependency problems.

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

Code (relating to education).

(4) Skills needed to evaluate advertisements for and media

portrayals of alcohol, chemical and tobacco 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) The following apply:

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

thereafter, the Secretary of Education, in consultation with the

Secretary of Health [and], the Secretary of Drug and Alcohol

Programs, the executive director of the commission and the

director of the center, 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 abuse. The in-service programs may utilize the single

county authorities designated by the Department of Drug and

Alcohol Programs or such other institutions, agencies or persons

as the Secretary of Education or the Secretary of Health deems

appropriate.

(2) Beginning with the 2018-2019 school year, the Department

of Education, the Department of Health [and], the Department of

Drug and Alcohol Programs and the commission, in consultation

with the center, shall develop jointly and shall make available

to all school districts and nonpublic schools in-service

training programs based upon the instruction requirements

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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) The following apply:

(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 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 the

Department of Education, the Department of Health [or], the

Department of Drug and Alcohol Programs, the commission or the

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center, 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.

(g.1) Beginning in the 2018-2019 school year, and each

school year thereafter, 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 September 1, 2020, and by September 1 of every

fifth year thereafter, the Department of Education, in

consultation with the Department of Health [and], the Department

of Drug and Alcohol Programs, the commission and the center,

shall report to the General Assembly concerning the preceding

school year activities of the Department of Education, the

Department of Health [and], the Department of Drug and Alcohol

Programs, the commission and the center, pertaining to the

provisions of this section. The report shall include:

(1) A description of efforts by the Department of Education,

the Department of Health [and], the Department of Drug and

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Alcohol Programs, the commission and the center to assist school

districts in 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 instruction

required under subsections (a) and (a.1) and of curriculum

materials and in-service training programs developed by the

Department of Education, the Department of Health [and], the

Department of Drug and Alcohol Programs, the commission and the

center under this section in reducing the use of alcohol,

tobacco and other drugs, including prescription opioids, by

students.

(i) The State Board of Education shall adopt rules and

regulations necessary for the implementation of this section.

(j) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Center." An entity that works in consultation with and

receives financial assistance from the commission to support the

dissemination, quality implementation, sustainability and impact

assessment of a menu of proven crime prevention and intervention

programs and to conduct original translational research to

advance the science and practice of evidence-based crime

prevention.

"Commission." The Pennsylvania Commission on Crime and

Delinquency.

Section 2. This act shall take effect in 60 days.

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