SBIRT in Schools Toolkit – Final Rev 8-30-2021
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Appendix A: MGL Chapter 71, Section 96
An Act Relative to Substance Use, Treatment, Education and Prevention was signed into law on March 14,
2016, as Chapter 52 of the Acts of 2016. MGL Chapter 71, section 96, as amended by St. 2016, c. 52, s. 15,
requires each school district to develop and file with DESE a policy regarding substance use prevention and
the education of its students about the dangers of substance abuse. We are pleased to report that as of
December 2017, 99% of districts have submitted their policies to ESE.
Chapter 52, AN ACT RELATIVE TO SUBSTANCE USE, TREATMENT, EDUCATION AND PREVENTION
Section 96. Each public school shall have a policy regarding substance use prevention and the education of
its students about the dangers of substance abuse. The school shall notify the parents or guardians of all
students attending the school of the policy and shall post the policy on the school's website. The policy,
and any standards and rules enforcing the policy, shall be prescribed by the school committee in
conjunction with the superintendent or the board of trustees of a charter school.
The department of elementary and secondary education, in consultation with the department of public
health, shall provide guidance and recommendations to assist schools with developing and implementing
effective substance use prevention and abuse education policies and shall make such guidance and
recommendations publicly available on the department’s website. Guidance and recommendations may
include educating parents or guardians on recognizing warning signs of substance abuse and providing
available resources. Guidance and recommendations shall be reviewed and regularly updated to reflect
applicable research and best practices.
Each school district and charter school shall file its substance use prevention and abuse education policies
with the department of elementary and secondary education in a manner and form prescribed by the
department.
Section 97. (a) Subject to appropriation, each city, town, regional school district, charter school or
vocational school district shall utilize a verbal screening tool to screen pupils for substance use
disorders. Screenings shall occur on an annual basis and occur at 2 different grade levels as recommended
by the department of elementary and secondary education, in consultation with the department of public
health. Parents or guardians of a pupil to be screened pursuant to this section shall be notified prior to the
start of the school year. Verbal screening tools shall be approved by the department of elementary and
secondary education, in conjunction with the department of public health. De-identified screening results
shall be reported to the department of public health, in a manner to be determined by the department of
public health, not later than 90 days after completion of the screening.
(b) A pupil or the pupil’s parent or guardian may opt out of the screening by written notification at any
time prior to or during the screening. A city, town, regional school district, charter school or vocational
school district utilizing a verbal screening tool shall comply with the department of elementary and
secondary education’s regulations relative to consent.