CHAPTER 254

FORMERLY HOUSE BILL NO. 411

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2,

SENATE AMENDMENT NO. 1

AND HOUSE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 14, DELAWARE CODE, BY CREATING A NEW CHAPTER 42 RELATING TO EDUCATION; PROVIDING FOR THE DRUG ABUSE EDUCATION ACT OF 1971 ESTABLISHING A PROGRAM OF DRUG, NARCOTIC, ALCOHOL, AND TOBACCO EDUCATION; PROVIDING FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO ADMINISTER THE PROGRAM; AND REQUIRING A COURSE IN DRUG ABUSE EDUCATION FOR TEACHER CERTIFICATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 14, Delaware Code, by adding a new Chapter 42 to read as follows:

"CHAPTER 42. DRUG ABUSE EDUCATION

§ 4201. Short title

This Act shall be known and may be cited as the 'Drug Abuse Education Act of 1971'.

§ 4202. Definition

As used in this Chapter, the term 'drug' shall include barbiturates, central nervous system stimulants, hallucinogenics, and all other drugs to which the narcotic and drug abuse laws of the State of Delaware and the United States apply. It shall also include alcoholic and intoxicating liquor and beverages, and tobacco.

§ 4203. Purposes; intent

The purpose of this Act is to insure the further development (as begun by Chapter 551, Vol. 57, Laws of Delaware and the

Department of Public Instruction) of a comprehensive drug abuse education program for all children and youth in kindergarten and grades one (1) through twelve (12). It is the legislative intent that this program shall teach the adverse and dangerous effects on the human mind and body of drugs and that such instruction shall be intensive and that it shall be given immediate emphasis, beginning with the 1971-72 school year. It is further the intent of the Legislature that the voluntary services of persons from the professions of clergy, education, medicine, law enforcement, social services, and such other professionally and occupationally qualified individuals approved by the Director of the Office of Drug Abuse Control of the State of Delaware as can make a contribution to this program be utilized in its implementation so that the highest possible degree of expertise may be brought to bear.

§ 4204. Administration of the comprehensive drug abuse education program

The Superintendent of Public Instruction in cooperation with the Council of Presidents (consisting of the Presidents of the University of Delaware, Delaware State College, and Delaware Technical and Community College) shall administer the comprehensive Drug Abuse Education Act of 1971 pursuant to regulations adopted by the State Board of Education. In administering this Act, the Superintendent and the Council of Presidents shall take into consideration the advice of the Director of the Office of Drug Abuse Control of the Department of Health and Social Services and the Advisory Committee, and the Superintendent is authorized to reimburse consultants not employed by the State for travel and other expenses, as provided by law, when performing advisory services requested by the Superintendent.

Priorities for the implementation of this program shall include the following:

(a) The development of inservice education programs for teachers, administrators, and other personnel. Special emphasis shall be placed on methods and materials necessary for the effective teaching of drug abuse education. Inservice teacher education materials which are based on individual performance and designed for use with a minimum of supervision shall be developed and made available to all school districts. The 'Triple T'

or 'Multiplier' concept may be utilized in the implementation of inservice education programs in drug abuse education.

(b) Expand degree programs in institutions of higher education in this State for the preparation of drug education specialists. Special attention shall be given to performance-based criteria and to the development and articulation of appropriate drug abuse education courses at junior, as well as, senior colleges.

(c) Design programs for the selection and training of school para-professional personnel and personnel of non-school health or health-related agencies.

(d) Implementing the provisions of this Act in conjunction with Chapter 551, Vol. 57, Laws of Delaware, to insure that actual pupil instruction in drug abuse education will begin during the 1971-72 school year as part of the curriculum of every elementary, junior, and senior high school in this State.

§ 4205. Inclusion of all teachers in inservice training

No teacher or school administrator employed by a nonpublic school shall be excluded from participating in inservice teacher education institutes or curriculum development programs conducted pursuant to this Act.

§ 4206. Pupil exemptions

Any child whose parent presents to the school principal a signed statement that the teaching of disease, its symptoms, development and treatment and the use of instructional aids and materials of such subjects conflict with the religious teachings of his church, shall be exempt from such instruction, and no child so exempt shall be penalized by reason of such exemption.

Section 2. Amend Chapter 12, Title 14, Delaware Code, by adding thereto a new section 1206 which shall read as follows:

§ 1206. Drug abuse education certification requirements'

All institutions of higher education in the State of Delaware which include teacher training programs in their curriculum shall offer a credit course of at least two hours in Drug Abuse

Education as a part of the certification requirements for all teachers in the State of Delaware.

The State Board shall require all teachers and may require any school employees it so designates, unless such employees can present satisfactory evidence of completion of Drug Abuse Education training, to participate in inservice education programs or to take a two-hour credit course in Drug Abuse Education. Subsequent to the effective date of this Act new employees shall have one year from the initial date of employment to comply with the terms of this Act.

This section shall be fully implemented by February I, 1974.

Approved July 9, 1971.