(j) Health education means instruction in the understandings, attitudes and behavior in [regard] relation to the several dimensions of health, including but not limited to [. This instruction relates to] the misuse of alcohol, tobacco and other drugs, the prevention and detection of certain cancers, safety, mental health, nutrition, dental health, sensory awareness [perception], disease prevention and control, environmental and public health, consumer health, first aid, and other health-related areas.

2. Subdivision (a) of section 135.3 of the Regulations of the Commissioner of Education is amended, effective July 1, 2018, to read as follows:

(a) Provision for health education. It shall be the duty of the trustees and boards of education to provide a satisfactory program in health education in accordance with the needs of pupils in all grades. Such program shall include the several dimensions of health, including mental health and the relation of physical and mental health, and shall be designed to enhance student understanding, attitudes and behaviors that promote health, well-being and human dignity. This program shall include, but shall not be limited to instruction concerning the misuse of alcohol, tobacco and other drugs, and the prevention and detection of certain cancers.

3. Paragraph (1) of subdivision (b) of section 135.3 of the Regulations of the Commissioner of Education is amended, effective July 1, 2018, to read as follows:

(b) Health education in the elementary schools.

(1) The elementary school curriculum shall include a sequential health education program for all pupils, grades K-6. In the kindergarten and primary grades, the teacher shall provide for pupil participation in planned activities for developing attitudes knowledge that contribute to their own sense of self-worth, respect for their bodies and ability to make constructive decisions regarding their social and emotional health, [as well as] physical[,] health and mental health. Personal health guidance shall also be provided according to the individual needs of pupils. This guidance shall include the development of specific habits necessary to maintain good individual and community health. In addition to continued health guidance, provision shall be made in the school program of grades 4-6 for planned units of teaching which shall include health instruction through which pupils may become increasingly self-reliant in solving their own health problems and those of the group. Health education in the elementary school grades shall be taught by the regular classroom teachers.

1. STATUTORY AUTHORITY:

Ed.L. § 101 charges SED with the general management and supervision of public schools and the educational work of the State.

Ed.L. § 207 empowers the Board of Regents(Regents) and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department by law.

Ed.L. § 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education.

Ed.L. § 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.

Ed.L. § 804(1)-(7) sets forth the requirements of the health education program regarding mental health, alcohol, drugs, tobacco abuse and the prevention and detection of certain cancers.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is necessary to implement and otherwise conform Commissioner's Regulations to Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

3. NEEDS AND BENEFITS:

Education Law § 804 was amended by Chapter 390 of the Laws of 2016 and Chapter 1 of the Laws of 2017 to clarify that required health education in schools must include instruction in mental health. The statutory amendments further provide that such instruction shall be designed to enhance student understanding, attitudes and behaviors that promote health, well-being and human dignity. The proposed amendments to Commissioner’s regulations § 135.1 and § 135.3 contain conforming amendments to comply with the statute and update the regulations to require instruction on the prevention and detection of certain cancers to comply with Education Law § 804.

In addition, the Department has also established the New York State Mental Health Education Advisory Council to share their expertise and resources to build capacity in the arena of mental health education and wellness for our youth and to provide resources to schools. The Mental Health Education Advisory Council involves over 70 expert cross-disciplinary and cross-sector partners.

The Mental Health Education Advisory Council, in partnership with the Mental Health Association in New York State, Inc. (MHANYS) and the New York State Office of Mental Health is charged with developing a list of recommendations; an instructional guidance document; and evidence-based resources to successfully enhance health education in schools, specifically in the areas of mental health. Some of the dedicated partners involved with the Mental Health Education Advisory Council include, but are not limited to, the NYS Department of Health, the NYS Office of Alcoholism and Substance Abuse Services, the NYS School Boards Association; the NYS Council of School Superintendents; representatives from Boards of Cooperative Educational Services, the NYS School Counselor Association, the New York Association of School Psychologists, the NYS School Social Workers Association, the NYS Association of School Nurses, the Families Together in NYS, Youth Power!, and the New York State Association for Health, Physical Education, Recreation and Dance, among others.

The Mental Health Education Advisory Council anticipates issuing a memo in the late spring which will include recommendations for additional improvements to the health education program regulations, as well as guidance and resources to the field in support of incorporating mental health into the health education curriculum.

4. COSTS:

(a) Costs to State government: none.

(b) Costs to local government: In general, the proposed rule does not impose any costs beyond those required Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

(c) Costs to private regulated parties: none.

(d) Costs to the regulating agency for implementation and administration of this rule: none.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any new costs on the State, local governments, private regulated parties or the State Education Department, but merely implements and otherwise conforms Commissioner's Regulations Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or federal regulations.

8. ALTERNATIVES:

The proposed amendment is necessary to implement the provisions of Chapter 390 of the Laws of 2016, and Chapter 1 of the Laws of 2017. No significant alternatives were considered.

9. FEDERAL STANDARDS:

There are no related federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date, July 1, 2018 as required by statute.

(a) Small businesses:

The proposed amendment will not impose any additional compliance requirements and is necessary to implement the provisions of Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017. The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local government:

The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments beyond those inherent in Chapter 390 of the Laws of 2016, and Chapter 1 of the Laws of 2017.

1. EFFECT OF RULE:

The proposed amendment applies to each of the 695 public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement the provisions of Chapter 390 of the Laws of 2016, and Chapter 1 of the Laws of 2017.

3. NEEDS AND BENEFITS:

Education Law § 804 was amended by Chapter 390 of the Laws of 2016 and Chapter 1 of the Laws of 2017 to clarify that required health education in schools must include instruction in mental health. The statutory amendments further provide that such instruction shall be designed to enhance student understanding, attitudes and behaviors that promote health, well-being and human dignity. The proposed amendments to Commissioner’s regulations § 135.1 and § 135.3 contain conforming amendments to comply with the statute and update the regulations to require instruction on the prevention and detection of certain cancers to comply with Education Law § 804.

In addition, the Department has also established the New York State Mental Health Education Advisory Council to share their expertise and resources to build capacity in the arena of mental health education and wellness for our youth and to provide resources to schools. The Mental Health Education Advisory Council involves over 70 expert cross-disciplinary and cross-sector partners.

The Mental Health Education Advisory Council, in partnership with the Mental Health Association in New York State, Inc. (MHANYS) and the New York State Office of Mental Health is charged with developing a list of recommendations; an instructional guidance document; and evidence-based resources to successfully enhance health education in schools, specifically in the areas of mental health. Some of the dedicated partners involved with the Mental Health Education Advisory Council include, but are not limited to, the NYS Department of Health, the NYS Office of Alcoholism and Substance Abuse Services, the NYS School Boards Association; the NYS Council of School Superintendents; representatives from Boards of Cooperative Educational Services, the NYS School Counselor Association, the New York Association of School Psychologists, the NYS School Social Workers Association, the NYS Association of School Nurses, the Families Together in NYS, Youth Power!, and the New York State Association for Health, Physical Education, Recreation and Dance, among others.

The Mental Health Education Advisory Council anticipates issuing a memo in the late spring which will include recommendations for additional improvements to the health education program regulations, as well as guidance and resources to the field in support of incorporating mental health into the health education curriculum.

4. PROFESSIONAL SERVICES:

The proposed amendment imposes no additional professional service requirements on school districts.

5. COMPLIANCE COSTS:

In general, the proposed rule does not impose any costs beyond those required Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

6. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

7. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to implement the provisions of Chapter 390 of the Laws of 2016, and Chapter 1 of the Laws of 2017.

8. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, and from the chief school officers of the five big city school districts.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to all school districts in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

Education Law § 804 was amended by Chapter 390 of the Laws of 2016 and Chapter 1 of the Laws of 2017 to clarify that required health education in schools must include instruction in mental health. The statutory amendments further provide that such instruction shall be designed to enhance student understanding, attitudes and behaviors that promote health, well-being and human dignity. The proposed amendments to Commissioner’s regulations § 135.1 and § 135.3 contain conforming amendments to comply with the statute and update the regulations to require instruction on the prevention and detection of certain cancers to comply with Education Law § 804.

In addition, the Department has also established the New York State Mental Health Education Advisory Council to share their expertise and resources to build capacity in the arena of mental health education and wellness for our youth and to provide resources to schools. The Mental Health Education Advisory Council involves over 70 expert cross-disciplinary and cross-sector partners.

The Mental Health Education Advisory Council, in partnership with the Mental Health Association in New York State, Inc. (MHANYS) and the New York State Office of Mental Health is charged with developing a list of recommendations; an instructional guidance document; and evidence-based resources to successfully enhance health education in schools, specifically in the areas of mental health. Some of the dedicated partners involved with the Mental Health Education Advisory Council include, but are not limited to, the NYS Department of Health, the NYS Office of Alcoholism and Substance Abuse Services, the NYS School Boards Association; the NYS Council of School Superintendents; representatives from Boards of Cooperative Educational Services, the NYS School Counselor Association, the New York Association of School Psychologists, the NYS School Social Workers Association, the NYS Association of School Nurses, the Families Together in NYS, Youth Power!, and the New York State Association for Health, Physical Education, Recreation and Dance, among others.

The Mental Health Education Advisory Council anticipates issuing a memo in the late spring which will include recommendations for additional improvements to the health education program regulations, as well as guidance and resources to the field in support of incorporating mental health into the health education curriculum.

3. COMPLIANCE COSTS:

The proposed amendment does not impose any new costs on the State, local governments, private regulated parties or the State Education Department, but merely implements and otherwise conforms Commissioner's Regulations Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendment does not impose any additional compliance requirements or costs and is necessary to implement the provisions of Chapter 390 of the Laws of 2016, and Chapter 1 of the laws of 2017.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.

The proposed amendment relates to the provision of mental health education as required by Chapter 390 of the Laws of 2016, and Chapter 1 of the Laws of 2017. The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.