S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7900

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to requiring the  commis-
  sioner  of  education  to make recommendations to the board of regents
  relating to the adoption of instruction in mental health in junior and
  senior high schools and  to  provide  school  districts  with  current
  information on drug abuse issues

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by  adding  two
new subdivisions 53 and 54 to read as follows:
  53.  A.  THE  COMMISSIONER  SHALL MAKE RECOMMENDATIONS TO THE BOARD OF
REGENTS RELATING TO THE ADOPTION OF  INSTRUCTION  IN  MENTAL  HEALTH  IN
JUNIOR AND SENIOR HIGH SCHOOLS.
  B.  PRIOR  TO  MAKING THE RECOMMENDATIONS TO THE BOARD OF REGENTS, THE
COMMISSIONER SHALL:
  (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
TEACHER  EDUCATORS,  SCHOOL  PSYCHOLOGISTS,  SCHOOL  SOCIAL  WORKERS AND
OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED CURRICULUM;
  (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
  (III) CONSIDER THE AMOUNT OF INSTRUCTIONAL TIME SUCH  CURRICULUM  WILL
REQUIRE  AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED COURSES
OF STUDY;
  (IV) CONSIDER THE FISCAL IMPACT, IF  ANY,  ON  THE  STATE  AND  SCHOOL
DISTRICTS;
  (V)  CONSIDER  THE  RELEVANCE  OF  EXISTING  REGULATIONS PERTAINING TO
MENTAL HEALTH AS PART OF THE SCHOOL HEALTH CURRICULUM AS IT  RELATES  TO
THE CURRENT UNDERSTANDING OF MENTAL HEALTH AS AN INTEGRAL PART OF HEALTH
AND  THE  RELATIONSHIP  OF  MENTAL HEALTH TO THE INSTRUCTION OF ALCOHOL,
DRUGS AND TOBACCO; AND
  (VI) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10837-02-5
              

A. 7900                             2

  C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
BOARD  OF  REGENTS  TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT THE IMPLEMENTATION OF
SUCH  CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSIONER,
PURSUANT TO THIS SUBDIVISION, THE BOARD OF REGENTS SHALL VOTE TO  EITHER
ACCEPT  OR  REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY
DAYS AFTER RECEIVING SUCH RECOMMENDATION.
  D. IF THE BOARD OF REGENTS  ADOPTS  SUCH  CURRICULUM,  THE  CURRICULUM
REQUIREMENT  SHALL  TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER
SUCH CURRICULUM HAS BEEN ADOPTED.
  E. IF THE BOARD OF REGENTS REJECTS SUCH CURRICULUM,  THE  COMMISSIONER
SHALL  PROVIDE  A  REPORT  AS  TO  THE DETERMINATION OF THE BOARD TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY  AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCA-
TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
  54.  THE  COMMISSIONER  SHALL  ON  A  BIENNIAL  BASIS  PROVIDE  SCHOOL
DISTRICTS  WITH  EDUCATIONAL  INFORMATION RELATING TO CURRENT DRUG ABUSE
ISSUES IN ORDER TO ENSURE INSTRUCTION PROVIDED PURSUANT  TO  SUBDIVISION
THREE  OF  SECTION  EIGHT  HUNDRED  FOUR OF THIS CHAPTER IS RELEVANT AND
CURRENT.
  S 2. This act shall take effect immediately.