NY Educ L § 804 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 17 - Instruction in Certain Subjects 804 - Health Education Regarding Mental Health, Alcohol, Drugs, Tobacco Abuse and the Prevention and Detection of Certain Cancers.

§ 804.  Health  education  regarding  mental  health,  alcohol, drugs,   tobacco abuse and the prevention and detection of certain cancers.    1.   All  schools shall ensure that their health education programs recognize   the multiple dimensions of health by including  mental  health  and  the   relation  of  physical  and  mental  health  so  as  to  enhance student   understanding, attitudes and behaviors that promote  health,  well-being   and human dignity.2. All schools shall include, as an integral part of health education,   instruction so as to discourage the misuse and abuse of alcohol, tobacco   and  other drugs and promote attitudes and behavior that enhance health,   well being, and human dignity.3. Instruction regarding alcohol, tobacco, and other  drugs  shall  be   included  in  the  health  education  provided for all elementary school   pupils and shall be taught by  the  regular  classroom  teachers  or  by   teachers  certified to teach health education. Such instruction shall be   designed  according  to  the  needs  and  abilities  of  the  pupils  at   successive  grade levels with the purpose of developing desirable health   behavior, attitudes, and knowledge as well as self-reliance and  problem   solving capacity.4.  Instruction  regarding  alcohol,  tobacco,  and  other  drugs,  in   addition to continued health guidance in the junior high  school  grades   and  the  senior  high  schools, shall be an integral part of a required   health education course at each of these levels in the secondary schools   curriculum. Students shall be required to demonstrate knowledge  in  the   subject area through the use of a test, graded project or report, or any   other  means  prescribed  by  the  school authorities regarding alcohol,   drugs, and tobacco. Any such course shall be taught by teachers  holding   a  certificate  to teach health. Related courses in the secondary school   curriculum shall be taught in a manner supportive  of  health  education   regarding  alcohol,  tobacco,  and other drugs. In addition, instruction   regarding the dangers of driving while under the influence of alcohol or   drugs shall be an integral part of a required health education course in   the senior high schools. Such  instruction  shall  be  provided  in  all   senior  high  schools  whether  or not these schools also provide driver   education courses.5. Instruction  regarding  methods  of  prevention  and  detection  of   certain  cancers,  including  but  not  limited  to  breast cancer, skin   cancer, testicular cancer and other  cancers  where  certain  preventive   measures  have  become  generally accepted and certain detection methods   have  been  adopted  and  recommended  generally  to  the  public.  Such   instruction  shall  be  an  integral part of a required health education   course at the senior high school level, in addition to continued  health   guidance  in  senior  high  schools.  Any such course shall be taught by   teachers holding a certificate to teach health.6. a. The  commissioner  may  prescribe  in  regulations  such  health   education  courses which include instruction regarding alcohol, tobacco,   and other drugs as the commissioner may deem necessary and desirable for   the welfare of pupils and the community. The contents may be  varied  to   meet  the needs of particular school districts, or portions thereof, and   need not be uniform throughout the state, provided, however, that school   districts shall utilize  either  the  curriculum  for  health  education   instruction regarding alcohol, tobacco and other drugs prescribed by the   commissioner or a course approved by the commissioner in accordance with   criteria established by the commissioner. The commissioner is authorized   to  make  recommendations  to  the  board  of regents beginning December   first, two thousand fourteen and every three years  thereafter  relating   to   the   modernization   of  such  instruction  required  pursuant  to   subdivision one of this section, to include the  most  up  to  date  age    appropriate  information  available  regarding  the  misuse and abuse of   alcohol, tobacco and other drugs, including but not  limited  to  heroin   and  opioids.  Such  instruction  shall  include, but not be limited to,   information regarding drugs and other substances that are more prevalent   among  school  aged youth. Such recommendations shall be the result of a   collaboration between the  department,  the  office  of  alcoholism  and   substance  abuse  services and the department of health. 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.b.  The  commissioner  shall  make available an interpersonal violence   prevention education package for  grades  kindergarten  through  twelve,   which  package  may  consist  of  student  pamphlets,  parent pamphlets,   videotapes and other informative materials to be distributed  to  school   districts,  and  shall encourage the use of such material as part of the   health or other related curricula or programs.c. The regents shall review  the  health  curriculum  requirements  in   existence  on  the  effective  date of this paragraph for the purpose of   streamlining such curriculum and  identifying  any  outdated  components   that  may be eliminated or consolidated in order to ensure that students   have sufficient time and instruction to develop skills to address issues   of violence prevention and mental health. To the extent appropriate, the   regents shall modify the existing curriculum to provide greater focus on   the development of skills, by no later  than  middle  school,  that  are   needed to recognize, cope with and address potentially violent incidents   including  an understanding of student roles in emergency situations and   other related skills designed  to  reduce  the  threat  of  violence  in   schools.7.  School  authorities shall provide the needed facilities, time, and   place for the instruction set forth herein and  shall  provide  learning   aids  and  curriculum  resource  materials which contribute to effective   teaching methods and learning in  health  education  regarding  alcohol,   tobacco, and other drugs.8.  All  pre-service  training  programs  in  the state for elementary   teachers shall include adequate preparation regarding the instruction in   alcohol, tobacco, and other drugs set forth herein, and no teacher shall   be licensed except upon satisfactory demonstration of  the  competencies   included in the institutional proposals approved by the department.9.  Nothing  contained  in this section shall be deemed to diminish or   impair the duties of the commissioner with  respect  to  the  continuing   program  for  critical  health  problems  established  by  chapter seven   hundred eighty-seven of the laws  of  nineteen  hundred  sixty-seven  as   amended. The commissioner shall coordinate actions taken under authority   of  this  section  with the provisions of said chapter as they relate to   health education in schools, inservice training and  training  programs,   and curriculum or syllabus development regarding the deleterious effects   resulting from the use, misuse, and abuse of alcohol, tobacco, and other   drugs.