PDH Labels Xylazine as a Controlled Substance (June 8, 20230

On June 3, 2023, the Pennsylvania Department of Health (PDH) announced it has taken formal action to limit access to xylazine, temporarily scheduling it as a controlled substance to protect communities across the Commonwealth.  Commonly known as “tranq,” xylazine is a powerful sedative approved for veterinary use but one that is increasingly found in Pennsylvania’s illicit drug supply. The Department’s scheduling preserves the legitimate use of the drug by veterinarians and farmers on livestock and other animals. 

Acting Secretary of Health Dr. Debra Bogen submitted notice to temporarily add xylazine to the list of schedule III drugs under Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act. The notice will be published in the Pennsylvania Bulletin on Saturday, June 3, 2023, when the action takes effect. 

Making xylazine a controlled substance will assist law enforcement agencies in bringing people to justice who illegally add xylazine to the illicit drug supply and harm others.    

People often are exposed to xylazine, knowingly or unknowingly, in combination with other drugs, particularly illicit fentanyl. Xylazine is a growing issue across Pennsylvania. In 2017, xylazine contributed to 90 overdose deaths, but in 2021, it contributed to 575 overdose deaths across 30 counties – an increase of over 600 percent in just 5 years. It’s also becoming increasingly prevalent in Philadelphia – in 2021, the City of Philadelphia reported that 90 percent of street opioid samples tested contained xylazine. 

Last year, the FDA warned that xylazine is not safe for use in humans. Xylazine use may result in skin ulcers and abscesses that drain pus, have decaying tissue and bacterial infections, and which can lead to amputation.  

Even though xylazine is not an opioid, an opioid-reversal medication like naloxone should still be administered in instances where signs of an overdose are present, because xylazine is most often mixed with an opioid, like fentanyl. If xylazine was involved, the person may still appear sedated after their breathing has returned. More information on naloxone, including the Naloxone Standing Order, can be accessed here.  

Anyone seeking substance use treatment or recovery resources for themselves, or a loved one, can call the toll-free PA Get Help Now helpline at 1-800-662-HELP (1-800-662-4357), or go online to the Addiction Treatment Locator, Assessment, and Standards Platform (ATLAS) at treatmentatlas.org. 

ATLAS can help Pennsylvanians find and compare substance use treatment services and facilities to find the one that will work best for the person in need. 

USDE Delays Final Title IX Rules to October 2023 (May 30, 2023)

On Friday, May 26, 2023, the U.S. Department of Education (USDE) pushed back its planned May release of both the final Title IX athletics and the broader Title IX rules until October 2023. The five-month delay change comes on the heels of the USDE having received more than 390, 000 comments during the one-month comment period, which ended on May 15th.

In fact, more than 240,000 public comments were received on the broader proposed Title IX rule, which would for the first time protect LGBTQ+ students under the federal anti-sex discrimination law. That number of comments are nearly twice as many as the USDE received during its last rulemaking on Title IX.

In addition, the USDE’s athletics regulation proposal received over 150,000 comments during the one-month comment period. Although that proposal would prohibit blanket bans of transgender students in athletics, it would allow schools to exclude transgender students from playing on sports teams aligning with their gender identities under some circumstances.

The new release date changes timelines for districts that were anticipating a potential fall implementation date for either or both of the new rules.

Both sets of rules are expected to be heavily litigated, regardless of their final form.

To read the official USDE blog, click here.

Other source, K-12 Dive.

Amid Rising anti-Semitism, USDE DCL Reminds Schools of Obligations Under Title VI (May 30, 2023)

In the wake of rising antisemitism in schools, the U.S. Department of Education (USDE) reminded districts in a Dear Colleague letter (DCL) issued May 25, 2023 that they must address harassment and discrimination based on race, color or national origin. The USDE’s Office for Civil Rights (OCR) may investigate complaints of anti-Semitic harassment or discrimination under Title VI if districts fail to do so, according to the letter. 

“Schools must take immediate and appropriate action to respond to harassment that creates a hostile environment,” said Catherine Lhamon, assistant secretary at the Office for Civil Rights, in the letter. “Title VI protects all students, including students who are or are perceived to be Jewish, from discrimination based on race, color, or national origin.”

Lhamon defined a hostile environment in the letter as “harassing conduct that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by a school.”

Click here to access the DCL.

Gov. Shapiro Continues to Address MH Issues, Seeks Support for Funds (May 28, 2023)

Governor Shapiro continued to convene important conversations about mental health, hosting a roundtable with Parkland High School students in Lehigh County and a conversation on Black Mental Health with Department of Education Acting Secretary Khalid Mumin, First Lady Lori Shapiro, and experts and advocates from across the Commonwealth who are using their voices online to end the stigma.  

The Governor is also shoring up support for his budget proposal that includes $500 million over the next five years so schools can fund mental health counselors and services on site and $20 million in 2023-24, which would grow to $60 million annually by 2027-28, to restore mental health funding for Pennsylvania counties.

USDE Releases Guidance on Constitutionally Protected Prayer in K-12 Public Schools (May 26, 2023)

On May 15, 2023, the U.S. Department of Education (USDE) made public updated guidance to provide information on the current state of the law concerning constitutionally protected prayer and religious expression in public schools. The principles outlined in the guidance are similar to the USDE’s 2003 and 2020 guidance on constitutionally protected prayer in public schools and with guidance that President Clinton issued in 1995. The USDE’s Office of the General Counsel and the Office of Legal Counsel in the U.S. Department of Justice have verified that this updated guidance reflects the current state of the law concerning constitutionally protected prayer in public elementary and secondary schools. This updated guidance has been made available on the USDE’s website at https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html.