Current through Pa Acts 2024-53, 2024-56 through 2024-79
Section 15-1547 - 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.(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.(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. 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 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 offer programs relating to alcohol, chemical and tobacco 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 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 and the Secretary of Drug and Alcohol Programs, shall develop curriculum guidelines 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, 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, 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 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) 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, 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)[Deleted by 2017 Amendment.](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, 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 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 Alcohol Programs 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 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. Amended by P.L. TBD 2017 No. 55, § 9, eff. 11/6/2017.1949, March 10, P.L. 30, No. 14, art. XV, § 1547, added 1986 , July 10, P.L. 1270, No. 117, § 7, imd. effective. Amended 1990, Dec. 19, P.L. 1362, No. 211, § 4, imd. effective.