Provides for random testing for anabolic steroids in athletes in public and private schools; appropriation

Summary of provisions

Section 1. The education law is amended by adding a new article 20 to Section 949 stating the Legislative intent. Section 950 defines "confirmatory test, confirmatory retest, drug, drug testing, drug test, initial screening test, positive test result, random selection basis, reasonable suspicion, school authorities, and student athlete. Section 951 relates to required drug testing. Section 952 relates to schools authority policy contents. Section 953 relates to reliability and fairness safeguards. Section 954 describes disciplinary actions. Section 955 relates to privacy, confidentiality and privilege safeguards. Section 956 describes the required educational programs. Section 957 describes how the information will be reported.

Section 2. Section 3641 of the education law is amended by adding a new subdivision 2-a.

Section 3. The sum of one million dollars, or so much thereof as may be necessary, is hereby appropriated to the education department out of any moneys in the state treasury in the general fund to the credit of the local assistance account, not otherwise appropriated, and made immediately available for the purpose of carrying out the provisions of subdivision 2-a of section 3641 of the education law.

Section 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that any rules and regulations necessary for the timely implementation of this act on its effective date are authorized and directed to be promulgated on or before such date; provided, further that section two and three of this act shall take effect on the first of July next succeeding the date on which it shall have become a law.

Justification

This legislation, which is similar to a bill passed in the Texas Legislature, will require athletes to agree not to use illegal steroids and submit to random testing if selected. The latest survey from the Centers for Disease Control states that at least 700,000

high school students use steroids. Steroid use is a growing problem, posing serious health threats to high school athletes. Educating youth about the harmful physical and emotional consequences of steroids is a step in the right direction, but a further process must ensue. There needs to be a strong deterrence from student athletes using these harmful drugs. For the safety and well being of all students, especially student athletes, random anabolic steroid testing procedures is an effective way to encourage athletes to respect their bodies and maintain healthy, drug free lives. Thirty percent of the public and private high schools in New York State will be required to drug test their students, and at least three percent of the students in each chosen school must undergo the testing. An athlete under the influence of anabolic steroids has the ability to cause serious injury to both themselves as well as others. Local school districts and private schools have the responsibility of doing what is necessary to protect student athletes and to provide a level playing field of competition.

Legislative history

2010: S.619 - Referred to Education/A.S871 - Referred to Education. 2009: S.619 - Referred to Education/A.S871 - Referred to Education. 2008: S.6769 - Passed Senate A.9839 - Referred to Education.

Fiscal implications

Provides for an appropriation of $1 million to implement provisions of bill.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that any rules and regulations necessary for the timely implementation of this act on its effective date are authorized and directed to be promulgated on or before such date; provided, further that section two and three of this act shall take effect on the first of July next succeeding the date on which it shall have become a law.