Requires the education department, in consultation with the department of health, to develop and adopt a comprehensive fentanyl education, awareness, and recognition program for all public, charter, and private schools in the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8540
SPONSOR: Smullen TITLE OF BILL:
An act to amend the education law, in relation to enacting the "Fentanyl
Fathers and Mothers act"
PURPOSE OR GENERAL IDEA OF BILL:
Requires the Department of Education, in consultation with the Depart-
ment of Health; to develop and adopt a comprehensive Fentanyl Education,
Awareness, and Recognition Program for all public, charter, and private
schools in the state.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Cites the act as the "Fentanyl Fathers and Mothers act".
Section 2. Contains the legislative findings and intent.
Section 3. Amends section 804 of the Education Law to require all
schools to include, as an integral part of health education, instruction
so as to discourage the misuse and abuse of fentanyl and other synthetic
opioids.
Section 4. Amends the Education Law by adding a new section 804-e to
require the Department of Education, in consultation with the Department
of Health, to develop and adopt a comprehensive fentanyl education,
awareness, and recognition program for all public, charter, and private
schools in the state. This section also provides for program require-
ments, mandatory implementation and integration as part of the health
education curriculum in grades six through twelve, program valuation and
improvement, mandated distribution of naloxone, bereaved parent involve-
ment, and data collection, reporting and measuring impact.
Section 5. Requires the legislature to appropriate funding to support
the implementation of this act, including the creation of educational
materials, training programs, naloxone distribution, and program evalu-
ation.
Section 6. Includes the effective date.
JUSTIFICATION:
It has sadly been well established in New York State that parents are
losing their children at alarming rates due to abuses of fentanyl and
similar synthetic opioids and counterfeit pills. This bill seeks to
provide a comprehensive educational requirement for our young adults to
learn about the potentially fatal consequences of such substances, thus
saving the lives of countless New Yorkers.
Unfortunately, it has become all too common that drug overdose deaths
are the result of illicitly manufactured fentanyl. Just in 2022,
"synthetic opioids other than methadone (SOOTM), predominantly illicitly
manufactured fentanyl, were present in 92.3 percent of all overdose
deaths involving any opioid." Many times, deadly cocktails involving
opioids are made, whether on the streets or exchanged via social media
(according to PBS.org) and result in deadly outcomes. Because of these
illicit mixes being made, or counterfeit pills exchanged, "synthetic
opioids like fentanyl and tramadol-often mixed with other drugs-account
for much of the increase in drug overdose fatalities in New York, grow-
ing from 11 percent of all drug overdose deaths in 2010 to 78 percent in
2021."
Often, young adults don't realize what the substances are that that they
are ingesting. Dealers often advertise the drug falsely, only for an
awful outcome to occur. Our young people may not realize that a fake
pill mixed with fentanyl can be deadly, by the amount "small as the tip
of a pencil". This happened to Lucienne "Coco" Konar, a 17-year-old girl
from outside of New York City, in 2022. She thought she had purchased
Percocet from a dealer on Instagram only to be found dead a day later.
Her mother, Julianna Arnold, has since called for stronger laws to
prevent deaths like the one that happened to her daughter (PBS.org).
New York State has an obligation to do all that it can to prevent these
deaths and to save parents, families, and communities from further hear-
tache and gut-wrenching loss.
The Drug Enforcement Administration (DEA) analysis has found counterfeit
pills ranging from .02 to 5.1 milligrams (more than twice the lethal
dose) of fentanyl per tablet. 42% of pills tested for fentanyl contained
at least 2 mg of fentanyl, considered a potentially lethal dose. Accord-
ing to the CDC, synthetic opioids (like fentanyl) are the primary driver
of overdose deaths in the United States. Comparison between the 12
months-ending January 31, 2020, and the 12 months-ending January 31,
2021, during this period: overdose deaths involving opioids rose 38.1
percent; and overdose deaths involving synthetic opioids (primarily
illicitly manufactured fentanyl) rose 55.6 percent and appear to be the
primary driver of the increase in total drug overdose deaths.
According to the CDC, average monthly overdose deaths among young people
aged 10-19 have increased by 109% from 2019 to 2021. This shocking jump
in numbers demands a statewide response. We cannot let stories like
Coco's become the norm. We must educate our children and protect them
from the onslaught of fatal substances being pushed into our communities
illegally. To protect our young people and preserve our families and
communities, we must act and pass the "Fentanyl Fathers and Mothers
Act".
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law and shall apply to school years
commencing on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
8540
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to enacting the "Fentanyl
Fathers and Mothers act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Fentanyl Fathers and Mothers act".
3 § 2. Legislative findings and intent. The legislature finds and
4 declares that:
5 (a) Fentanyl abuse and drug poisoning have become a significant public
6 health crisis, with deadly consequences, particularly among youth;
7 (b) Public awareness, education, and the ability to recognize the
8 signs of fentanyl poisoning are essential to saving lives;
9 (c) Bereaved parents, who have lost children to fentanyl, can provide
10 the most compelling and impactful testimony to educate students on the
11 dangers of fentanyl; and
12 (d) Therefore, it is the intent of the legislature to mandate compre-
13 hensive fentanyl education and awareness in New York schools by leverag-
14 ing personal stories from bereaved parents, providing students with
15 essential life-saving knowledge, and ensuring that naloxone is available
16 to protect against overdose deaths. Through these measures, this act
17 aims to save lives and prevent further tragedy due to fentanyl.
18 § 3. Subdivisions 2 and 4 of section 804 of the education law, as
19 amended by chapter 390 of the laws of 2016, are amended to read as
20 follows:
21 2. All schools shall include, as an integral part of health education,
22 instruction so as to discourage the misuse and abuse of alcohol, tobacco
23 and other drugs, including fentanyl and other synthetic opioids, and
24 promote attitudes and behavior that enhance health, well being, and
25 human dignity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11972-02-5
A. 8540 2
1 4. Instruction regarding alcohol, tobacco, and other drugs, including
2 fentanyl and other synthetic opioids, in addition to continued health
3 guidance in the junior high school grades and the senior high schools,
4 shall be an integral part of a required health education course at each
5 of these levels in the secondary schools curriculum. Students shall be
6 required to demonstrate knowledge in the subject area through the use of
7 a test, graded project or report, or any other means prescribed by the
8 school authorities regarding alcohol, drugs, and tobacco, including
9 fentanyl and other synthetic opioids. Any such course shall be taught by
10 teachers holding a certificate to teach health. Related courses in the
11 secondary school curriculum shall be taught in a manner supportive of
12 health education regarding alcohol, tobacco, and other drugs, including
13 fentanyl and other synthetic opioids. In addition, instruction regarding
14 the dangers of driving while under the influence of alcohol or drugs
15 shall be an integral part of a required health education course in the
16 senior high schools. Such instruction shall be provided in all senior
17 high schools whether or not these schools also provide driver education
18 courses.
19 § 4. The education law is amended by adding a new section 804-e to
20 read as follows:
21 § 804-e. Fentanyl education, awareness and recognition. 1. The depart-
22 ment, in consultation with the department of health, shall develop and
23 adopt a comprehensive fentanyl education, awareness, and recognition
24 program for all public, charter, and private schools in the state.
25 2. The program shall include, at a minimum, instruction on the follow-
26 ing topics:
27 (a) the nature of fentanyl and its analogs, risks, and lethal dose;
28 (b) the dangers of unprescribed pills, especially those laced with
29 fentanyl;
30 (c) recognition of fentanyl overdose symptoms, including how to admin-
31 ister naloxone and use fentanyl test strips;
32 (d) stories from bereaved parents who have lost children to fentanyl
33 poisoning; and
34 (e) strategies to resist peer pressure to use drugs and the harmful
35 effects of fentanyl.
36 3. Each public school district and private school shall ensure that
37 students in grades six through twelve receive this education annually as
38 part of the health education curriculum. The curriculum should be taught
39 by certified health education teachers.
40 4. The education on fentanyl shall be an integral part of the health
41 education curriculum required for students in grades six through twelve.
42 Each school shall provide an annual, school-wide assembly or class-based
43 instruction on fentanyl awareness and drug poisoning, including the
44 following elements:
45 (a) a film with real-life testimonies from individuals impacted by
46 fentanyl;
47 (b) naloxone training and overdose recognition;
48 (c) presentation of facts on fentanyl's risks, including the Drug
49 Enforcement Administration's "One Pill Can Kill" sheet;
50 (d) bereaved parent presentations sharing authentic experiences; and
51 (e) surveys to measure student understanding and intent to avoid drug
52 use post-instruction.
53 5. The department shall provide sample instructional materials and
54 resources to assist schools in implementing the program. Schools shall
55 collect and report feedback from students and faculty to assess the
A. 8540 3
1 program's effectiveness in raising awareness and preventing fentanyl
2 abuse.
3 6. (a) All public and private high schools shall ensure the availabil-
4 ity of naloxone on school grounds. The department of health shall
5 provide training for school staff on the proper use of naloxone and
6 other opioid antagonists. Schools may also receive free naloxone
7 donations from organizations like FentanylFathers.org.
8 (b) Each school must provide instructional materials that teach
9 students, faculty, and staff how to recognize signs of an overdose and
10 properly administer naloxone.
11 7. (a) Schools shall be encouraged to invite bereaved parents who have
12 lost children to fentanyl to speak during fentanyl education assemblies.
13 These speakers will provide real-life stories of loss and hope, empha-
14 sizing the critical importance of prevention and awareness.
15 (b) Schools shall be encouraged to establish students advocating
16 fentanyl education (S.A.F.E.) clubs, with assistance from FentanylFa-
17 thers.org, that will empower students to spread awareness about fentanyl
18 risks within their communities.
19 8. Schools shall collect data on student engagement and understanding
20 through pre- and post-surveys, as well as on the use of naloxone. This
21 data will be submitted to the department annually to assess the effec-
22 tiveness of the program and guide future improvements.
23 § 5. The legislature shall appropriate funding to support the imple-
24 mentation of this act, including the creation of educational materials,
25 training programs, naloxone distribution, and program evaluation.
26 § 6. This act shall take effect on the first of July next succeeding
27 the date on which it shall have become a law and shall apply to school
28 years commencing on or after such effective date.
