Requires public and nonpublic secondary schools to annually conduct written or verbal substance use screening on all students using a particular screening program.

S3994

SENATE, No. 3994

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

SYNOPSIS

���� Requires public and nonpublic secondary schools to
annually conduct written or verbal substance use screening on all students
using a particular screening program.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning screening for substance abuse in
schools and supplementing chapter 40A of Title 18A of the New Jersey Statutes.

Whereas,

Drug and alcohol use among New Jersey�s youth leads to poorer health,
diminished productivity, and higher health care costs; and

Whereas,

The vast majority of adults who have a substance use disorder began their use
before the age of 18; and

Whereas,

Drugs and alcohol are contributors to the three leading causes of teen deaths;
and

Whereas,

Opiate addiction and deaths from overdose continue to rise in New Jersey and
nationally; and

Whereas,

According to the Youth Risk Behavior Surveillance System of the Centers for
Disease Control and Prevention, 31 percent of New Jersey high school students
have been offered, sold, or given an illegal drug by someone on school
property; and

Whereas,

Research supports that early screening and intervention can help young people
avoid the destructive consequences of drug and alcohol misuse and addiction;
and

Whereas,

Screening, brief intervention, and referral to treatment (SBIRT) is a set of
effective prevention and treatment tools that helps identify alcohol or drug
problems and guides follow-up intervention and treatment if a problem exists;
and

Whereas,

New Jersey has implemented SBIRT with adults in emergency departments and
federally qualified health centers and found the program was effective in
reducing risky substance abuse; and

Whereas,

Bringing SBIRT into the school setting holds great potential for curbing
substance use among young people and preventing addiction before it begins;
now, therefore,

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.���� The board of
education of a school district that includes any of the grades nine through 12,
the board of trustees of a charter school that includes any of the grades nine
through 12, and the governing board or chief school administrator of a
nonpublic school that includes any of the grades nine through 12 shall provide
for an annual written or verbal substance use screening to be conducted on each
student in grade nine through grade 12.� The screening shall assess the
student�s risk for substance abuse using the screening, brief intervention, and
referral to treatment program.� The screening at a school district or charter
school shall be conducted by a certified student assistance coordinator, a
school nurse, a school counselor, a school social worker, or a school
psychologist.� The screening at a nonpublic school shall be conducted by a
licensed health care professional.� If the student screens positive for
potential substance misuse, the person administering the screening shall
provide brief counseling using motivational interviewing and assist the student
with referral to treatment options, if needed.�

���� b.��� The board of education,
the board of trustees, or the governing board or chief school administrator shall
provide written notice to the parent or guardian of a student prior to the
student being screened pursuant to subsection a. of this section.� A student�s
parent or guardian may opt the student out of the screening by notifying the
school district, charter school, or nonpublic school.� In the case of a student
enrolled in a school district or charter school, the notification shall be on a
form developed by the Department of Education.

���� c.���� Any statement,
response, or disclosure made by a student during a screening conducted pursuant
to subsection a. of this section shall be considered confidential information
and shall not be disclosed by a person receiving the statement, response, or
disclosure to any other person without the prior written consent of the student
and the student�s parent or guardian, except in cases of immediate medical
emergency or if disclosure is otherwise required by State law.� In the case of
a student enrolled in a school district or charter school, the written consent
shall be documented on a form developed by the Department of Education.� The
statement, response, or disclosure shall not be subject to discovery or
subpoena in any civil, criminal, legislative, or administrative proceeding.� No
record of any statement, response, or disclosure shall be made in any form,
written, electronic, or otherwise, that includes information identifying the
student.

���� d.��� The Department of
Education shall notify each school district, charter school, and nonpublic
school in writing of the requirement to screen students pursuant to subsection
a. of this section.� School districts, charter schools, and nonpublic schools
with alternative substance abuse intervention, prevention and treatment
referral programs may opt out of the program required pursuant to subsection a.
of this section on a form provided by the department.� The form shall: be
signed by the superintendent of schools, the lead person of the charter school,
or the chief school administrator of the nonpublic school, or a representative
of that person; provide a detailed description of the alternative program being
implemented; and provide reasons why the program required pursuant to
subsection a. of this section is not appropriate for the school district,
charter school, or nonpublic school.

���� e.���� The Division of Mental
Health and Addiction Services in the Department of Human Services and the
Department of Children and Families, using existing public and private training
resources, shall make available to school districts, charter schools, and nonpublic
schools, training for personnel conducting the screening pursuant to subsection
a. of this section.

���� 2.��� The State Board of
Education, in consultation with the Commissioner of Human Services, shall
promulgate regulations pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of
this act, including the standards pursuant to which a screening, brief
intervention, and referral to treatment program is conducted.

���� 3.��� This act shall take
effect in the first full school year following the date of enactment.

STATEMENT

���� This bill will require school
districts, charter schools, and nonpublic schools to provide for an annual
written or verbal substance use screening on each high school student.� The
screening will assess the student�s risk for substance abuse using the screening,
brief intervention, and referral to treatment (SBIRT) program.� If the student
screens positive for potential substance misuse, the person administering the
screening will be required to provide brief counseling using motivational
interviewing and assist the student with referral to treatment options, if
needed.� The Division of Mental Health and Addiction Services in the Department
of Human Services and the Department of Children and Families, using existing
public and private training resources, will make available to school districts,
charter schools, and nonpublic schools, training for personnel using the SBIRT
program.�

���� Under the provisions of the
bill, the parent or guardian of a student being screened must be given prior
written notice of the screening and an opportunity to have the student opt out
of the screening.� The bill also includes a provision regarding the privacy of
information collected during the screening.� Statements made by a student
during a screening are considered confidential information and cannot be
disclosed by a person receiving the statement to any other person without the
prior written consent of the student and the student�s parent or guardian,
except in cases of immediate medical emergency or if disclosure is otherwise
required by State law.

���� A school district, charter
school, or nonpublic school is permitted to opt out of the SBIRT program
required pursuant to the bill, if it is implementing an alternative screening
program and provides to the Department of Education a detailed description of
the alternative program and the reasons why the SBIRT program is not
appropriate for its use.

���� The State Board of Education,
in conjunction with the Commissioner of Human Services, will promulgate
regulations to effectuate the provisions of this bill, including standards
pursuant to which the SBIRT program will be conducted.