senate Bill S1572A

Establishes an age-appropriate sex education grant program, to be referred to as the healthy teens act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO EDUCATION
  • 18 / Nov / 2011
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 18 / Nov / 2011
    • PRINT NUMBER 1572A
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Establishes an age-appropriate sex education grant program through the department of health to be a comprehensive age-appropriate program conducted by an eligible applicant; authorizes the commissioner to determine certain topics of instruction and makes provisions for the application of grants.

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Bill Details

See Assembly Version of this Bill:
A808
Versions:
S1572
S1572A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Public Health Law
Laws Affected:
Add Art 14-A ยงยง1450 - 1457, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A808
2009-2010: A1806A, S4633, A1806A
2007-2008: A2856, A2856

Sponsor Memo

BILL NUMBER:S1572A

TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
age-appropriate sex education grant program, to be referred to as the
healthy teens act

PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish an age-appropriate sex education grant program
within the Department of Health. The Department, from amounts annually
appropriated, will make grants to school districts, boards of cooper-
ative educational services, school-based health centers, and community-
based organizations with a proven history of success in reaching the
adolescents of this state, to assist them in conducting a thorough and
comprehensive education program aimed at preventing unwanted pregnancies
and occurrences of sexually transmitted diseases among youth.

SUMMARY OF SPECIFIC PROVISIONS:
* Section 1 states the legislative intent of the bill.
* Section 2 states that this act shall be known and may cited as the
Healthy Teens Act.
* Section 3 adds Article 14-A to the Public Health Law to enact the
Age-Appropriate Sex Education Grant Program. Sectioned out in Article
14-A are the following components: definitions; establishment and gener-
al components of the program; program awards; application for grants,
and program plan; maintenance of effort; annual reports by grant recipi-
ents; notification to potential applicants; and regulations.
* Section 4 is a severability clause.
* Section 5 states the effective date of this act.

JUSTIFICATION:
Over the past decade, teen pregnancy rates have declined nationwide,
including in New York State. Unfortunately, New York State still
reported nearly 40,000 teen pregnancies in 2004. In addition, rates of
sexually transmitted diseases among teens remain dangerously high. For
example, according to the Centers for Disease Control, national rates of
chlamydia and gonorrhea are highest among 15 to 24 year-olds. This is
true in New York State as well. Moreover, specific communities in New
York State claim some of the highest teen pregnancy and sexually trans-
mitted disease rates in the country. It is evident that we face a public
health crisis in New York State. We must support the creation of effec-
tive programs that provide information and skills to young people so
they can become healthy adults.

The purpose of this bill is two-fold: to reduce both unintended pregnan-
cies and occurrences of sexually transmitted diseases among New York's
youth. It is statistically proven that intensive educational programs,
with parent involvement where feasible and appropriate, will enable
young people to make responsible decisions regarding sexual activity,
and encourage them to protect themselves and their partners.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to the school
year which commences on or after July first in the year next succeeding
the date on which it shall have become a law, provided that the Commis-
sioner of Health shall promulgate such regulations as shall be necessary
to implement the provisions of this act not later than 90 days after
such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1572--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, DUANE, BRESLIN, KRUEGER, MONTGOMERY,
  PARKER, PERKINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Education  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the public health law, in relation to  establishing  the
  age-appropriate  sex education grant program, to be referred to as the
  healthy teens act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.   The legislature finds and declares
that New York state's teen pregnancy rate, 59.2 per  1000  female  15-19
year  olds  as  compared to the Healthy People 2010 goal of 43 cases per
1000 female 15-19 year olds falls far too short  of  the  public  health
expectation  set  by the Surgeon General. New York state had 40,000 teen
pregnancies in 2006.  In addition, according to the centers for  disease
control,  1  in  4  teenage  girls has a sexually transmitted infection.
This is true in New York state as well.  Current research documents that
individuals  who  receive  early,  comprehensive,  age-appropriate,  and
scientifically  accurate  education  in the health and other benefits of
sexual abstinence, family planning, and birth control are more likely to
delay sexual activity and engage later in such activity  with  a  higher
degree   of  responsibility  and  safety.  Comprehensive  sex  education
programs which complement parental involvement and  instruction  respect
the diversity and values of our state and provide our youth at risk with
the  foundation  to  make responsibly informed choices. The earlier such
programs are commenced on an age-appropriate curriculum basis, the  more
responsible will be the sexual activity decisions.
  Statistics within New York state communities show an increase in rates
of sexually transmitted diseases among adolescents over the past several
years.    Adolescents are the fastest growing population of new HIV/AIDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05294-02-1

S. 1572--A                          2

cases. These increases place greater demand on the state's  health  care
delivery  system and require that we take immediate action and embark on
a dedicated mission to provide targeted at-risk adolescents with a  more
concentrated  sex  education  program with a significant parental compo-
nent, designed to inform and instruct them on abstinence, protection and
pregnancy prevention.  Approximately 25 percent of new cases of sexually
transmitted diseases each year occur among teenagers and  two-thirds  of
such  new  cases  occur  among persons 15 to 24 years old. By age 24, at
least one in three sexually active persons are estimated to have  had  a
sexually transmitted disease. By way of example, the highest age-specif-
ic gonorrhea rates among women and the third highest rates among men are
in the 15 to 19 year old group.
  It  is  the  intent  of  the  legislature that the age-appropriate sex
education grant program established in this act provide at-risk  adoles-
cents  with  the  information,  assistance, skills and support to enable
them to make responsible decisions,  including  abstaining  from  sexual
intercourse  and  for  those  who  do become sexually active, the use of
condoms or contraceptives effectively.
  S 2. This act shall be known and may be cited as  the  "healthy  teens
act".
  S  3. The public health law is amended by adding a new article 14-A to
read as follows:
                               ARTICLE 14-A
               AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
SECTION 1450. DEFINITIONS.
        1451. ESTABLISHMENT  OF  AGE-APPROPRIATE  SEX  EDUCATION   GRANT
                PROGRAM; GENERAL COMPONENTS.
        1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS.
        1453. APPLICATION  FOR  GRANTS;  AGE-APPROPRIATE  SEX  EDUCATION
                GRANT PROGRAM PLAN.
        1454. MAINTENANCE OF EFFORT.
        1455. ANNUAL REPORTS BY GRANT RECIPIENTS.
        1456. NOTIFICATION TO POTENTIAL APPLICANTS.
        1457. REGULATIONS.
  S 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "ELIGIBLE  APPLICANT"  MEANS  (A)  A PUBLIC SCHOOL DISTRICT, (B) A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  (C)  A  SCHOOL-BASED  HEALTH
CENTER,  (D)  A  COMMUNITY  BASED ORGANIZATION WHICH MAY BE A FOR-PROFIT
CORPORATION OR ENTITY OR NOT-FOR-PROFIT CORPORATION OR ORGANIZATION,  OR
(E)  A  CONSORTIUM  OR PARTNERSHIP FORMED BY A PUBLIC SCHOOL DISTRICT, A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR A  SCHOOL-BASED  HEALTH
CENTER AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES FOR
THE  AWARD OF AN AGE-APPROPRIATE SEX EDUCATION GRANT BY THE COMMISSIONER
UNDER THIS ARTICLE.
  2. "GRANT PROGRAM PLAN" MEANS THE PLAN SUBMITTED TO  THE  COMMISSIONER
BY  AN  ELIGIBLE  APPLICANT  UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF
THIS ARTICLE.
  3. "STATE INCOME STANDARD" MEANS THE MOST RECENT FEDERAL INCOME  OFFI-
CIAL  POVERTY LINE AS DEFINED ANNUALLY AND REVISED BY THE FEDERAL OFFICE
OF MANAGEMENT AND BUDGET ADJUSTED FOR FAMILY SIZE.
  4. "AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM" MEANS A COMPREHENSIVE
AGE-APPROPRIATE SEX EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT
UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
  5. "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER  ARTICLE
TWENTY-EIGHT  OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED UNDER

S. 1572--A                          3

ARTICLE TWENTY-EIGHT  OF  THIS  CHAPTER,  WHICH  PROVIDES  PRIMARY  CARE
SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING.
  S  1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM;
GENERAL COMPONENTS. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT
AN AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE  PROGRAM  SHALL  BE
FORMULATED  BY THE COMMISSIONER AFTER CONSULTATION WITH THE COMMISSIONER
OF EDUCATION. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE  GRANTS  TO
ELIGIBLE  APPLICANTS  TO  SUPPORT  AGE-APPROPRIATE  SEX  EDUCATION GRANT
PROGRAMS FOR YOUNG PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION
IN THE COMPONENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
  2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL
GRANT UNDER SUBDIVISION THREE OF THIS SECTION, SUCH AN  APPLICANT  SHALL
SUBMIT WITH ITS APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE
OFFERED IN ITS AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE COMMIS-
SIONER  SHALL DETERMINE CERTAIN TOPICS OF INSTRUCTION TO BE OPTIONAL FOR
AGE-APPROPRIATE REASONS AS SHALL BE SPECIFIED  BY  THE  COMMISSIONER  IN
APPLICATION  INSTRUCTIONS  MADE  AVAILABLE  BY  THE  DEPARTMENT  FOR THE
PURPOSES OF IMPLEMENTING THIS ARTICLE.  IT IS NOT NECESSARY  TO  PROVIDE
EQUAL  EMPHASIS  ON EACH COMPONENT OF INSTRUCTION, HOWEVER A PROJECT MAY
NOT BE INCONSISTENT WITH ANY OF  THE  COMPONENTS.    THE  COMPONENTS  OF
INSTRUCTION SHALL INCLUDE WHETHER SUCH INSTRUCTION:
  (A) IS AGE-APPROPRIATE AND MEDICALLY-ACCURATE;
  (B)  DOES  NOT TEACH OR PROMOTE RELIGION, PROVIDED THAT THIS PARAGRAPH
SHALL NOT PRECLUDE DISCUSSION  OF  MORAL,  ETHICAL  OR  RELIGIOUS  VIEWS
RELATED TO SEX OR SEXUAL RELATIONSHIPS;
  (C) TEACHES THAT ABSTINENCE IS THE ONLY SURE WAY TO AVOID PREGNANCY OR
SEXUALLY TRANSMITTED DISEASES;
  (D)  STRESSES THE VALUE OF ABSTINENCE WHILE NOT IGNORING THOSE ADOLES-
CENTS WHO HAVE HAD OR WHO ARE HAVING SEXUAL INTERCOURSE;
  (E) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO PREVENT PREGNANCY;
  (F) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO REDUCE THE RISK  OF
CONTRACTING SEXUALLY TRANSMITTED DISEASES, HIV/AIDS AND OTHER DISEASES;
  (G)  PROVIDES INFORMATION ABOUT THE VACCINE FOR HUMAN PAPILLOMA VIRUS,
WHICH MAY PREVENT CERVICAL CANCER, GENITAL WARTS, INFERTILITY, AND OTHER
REPRODUCTIVE HEALTH PROBLEMS, WHEN ADMINISTERED PRIOR TO BECOMING  SEXU-
ALLY ACTIVE;
  (H)  ENCOURAGES  FAMILY  COMMUNICATION  ABOUT SEXUALITY AMONG PARENTS,
OTHER ADULT HOUSEHOLD MEMBERS AND CHILDREN;
  (I) TEACHES SKILLS TO  MAKE  RESPONSIBLE  DECISIONS  ABOUT  SEXUALITY,
INCLUDING  HOW  TO  AVOID UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES,
AND HOW NOT TO MAKE UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES;
  (J) TEACHES HOW ALCOHOL AND DRUG USE CAN AFFECT  RESPONSIBLE  DECISION
MAKING;
  (K)  HELPS  YOUNG PEOPLE TO GAIN KNOWLEDGE ABOUT THE PHYSICAL, BIOLOG-
ICAL AND HORMONAL CHANGES OF ADOLESCENCE AND SUBSEQUENT STAGES OF  HUMAN
MATURATION;
  (L)  DEVELOPS THE KNOWLEDGE AND SKILLS NECESSARY TO ENSURE AND PROTECT
YOUNG PEOPLE WITH RESPECT TO THEIR SEXUAL AND REPRODUCTIVE HEALTH;
  (M) ASSISTS YOUNG PEOPLE  IN  GAINING  KNOWLEDGE  ABOUT  THE  SPECIFIC
INVOLVEMENT  OF,  AND RESPONSIBILITY OF BOTH MALES AND FEMALES IN SEXUAL
DECISION MAKING;
  (N) DEVELOPS HEALTHY ATTITUDES AND VALUES CONCERNING GROWTH AND DEVEL-
OPMENT, BODY IMAGE, GENDER ROLES, SEXUAL ORIENTATION AND OTHER SUBJECTS;

S. 1572--A                          4

  (O) ENCOURAGES YOUNG PEOPLE TO PRACTICE HEALTHY LIFE SKILLS  INCLUDING
GOAL SETTING, DECISION MAKING, NEGOTIATION, AND COMMUNICATION AND STRESS
MANAGEMENT;
  (P) PROMOTES SELF-ESTEEM AND POSITIVE INTERPERSONAL SKILLS FOCUSING ON
RELATIONSHIP  SKILLS,  INCLUDING PLATONIC, ROMANTIC, INTIMATE AND FAMILY
RELATIONSHIPS AND INTERACTION AND HOW TO AVOID RELATIONSHIP ABUSE; AND
  (Q) IS BASED ON THEORETICAL PROJECTS THAT HAVE  BEEN  DEMONSTRATED  TO
INFLUENCE HEALTH BEHAVIOR.
  IT  IS  NOT  NECESSARY  FOR  THE GRANTEE TO ADDRESS EVERY COMPONENT OF
INSTRUCTION, HOWEVER, PARAGRAPHS (A) AND (B)  OF  THIS  SUBDIVISION  ARE
REQUIRED  OF  ALL APPLICANT PROGRAMS. NO PROGRAM MAY INCLUDE INFORMATION
OR MESSAGES THAT CONTRADICT ANY OF THE COMPONENTS.
  3. ANY ELIGIBLE APPLICANT MAY APPLY FOR,  AND  UPON  APPROVAL  OF  THE
APPLICATION  BY  THE COMMISSIONER, SHALL BE AWARDED AN ANNUAL SEX EDUCA-
TION GRANT PROVIDED IT DEMONSTRATES IN THE GRANT PROGRAM PLAN  SUBMITTED
TO THE COMMISSIONER THAT:
  (A)  IT  IS  CAPABLE  OF PROVIDING YOUNG PERSONS WITH AN EFFECTIVE SEX
EDUCATION  PROGRAM  THAT  SHALL  BE  MEANINGFUL,  SUBSTANTIALLY  INVOLVE
PARENTS  AND  OTHER  ADULTS  AS  FEASIBLE  AND APPROPRIATE, AND SHALL BE
CONDUCTED IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS UNDER THIS
ARTICLE;
  (B) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT IT HAS A
PROVEN RECORD AND EXPERIENCE IN  CONDUCTING  MEANINGFUL  AND  SUCCESSFUL
AGE-APPROPRIATE  SEX EDUCATION PROGRAMS FOR AT LEAST FIVE YEARS PRIOR TO
THE CALENDAR YEAR IN WHICH APPLICATION FOR THE GRANT IS MADE,  AND  THAT
IT IS CAPABLE OF PROVIDING AN AGE-APPROPRIATE SEX EDUCATION PROGRAM TO A
BROAD  BASED  SEGMENT  OF THE YOUTH POPULATION WITH SPECIFIC EMPHASIS ON
TARGETED AT-RISK YOUTHS IN SUCH ORGANIZATION'S SERVICE AREA. THE COMMIS-
SIONER MAY SEEK AND HE OR SHE SHALL RECEIVE ANY PERTINENT INFORMATION OR
REQUEST AND RECEIVE RECOMMENDATIONS AS TO SUCH COMMUNITY BASED ORGANIZA-
TION'S INTERACTIONS OR PRIOR DEALINGS WITH  ANY  OTHER  STATE  OR  LOCAL
GOVERNMENTAL  ENTITY,  INCLUDING,  BUT NOT LIMITED TO, ANY PUBLIC SCHOOL
DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  IN  MAKING  THE
DETERMINATION REQUIRED BY THIS PARAGRAPH.
  4.  ALL MONIES PROVIDED IN GRANTS UNDER THIS ARTICLE SHALL BE IN ADDI-
TION TO, AND NOT IN LIEU OF, ANY MONEYS  HISTORICALLY  APPROPRIATED  FOR
THE  SAME  OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET OR REDUCE
MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS.
  S 1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 1.  WITHIN
AMOUNTS  APPROPRIATED  THEREFOR, THE COMMISSIONER SHALL BE AUTHORIZED TO
GRANT AWARDS FOR THE SUPPORT OF APPROVED AGE-APPROPRIATE  SEX  EDUCATION
GRANT PROGRAMS.
  2.  GRANTS  TO SUPPORT AN APPROVED AGE-APPROPRIATE SEX EDUCATION GRANT
PROGRAM SHALL BE AWARDED ON  A  COMPETITIVE  BASIS  IN  ACCORDANCE  WITH
CRITERIA ESTABLISHED BY THE COMMISSIONER.
  3.  THE  DEPARTMENT  SHALL,  FROM  WITHIN  AMOUNTS APPROPRIATED TO THE
DEPARTMENT, UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND  PRELIMI-
NARILY  PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE AGE-APPROPRIATE SEX
EDUCATION GRANT PROGRAM AUTHORIZED BY THIS ARTICLE FOR THE STATE  FISCAL
YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
  4.  NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY APPRO-
PRIATION IN ANY SINGLE FISCAL YEAR FOR THE AGE-APPROPRIATE SEX EDUCATION
GRANT PROGRAM SHALL BE ANNUALLY RETAINED BY  THE  COMMISSIONER  FOR  THE
ADMINISTRATIVE PURPOSES OF THE DEPARTMENT.
  5.  OF  THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE SEX EDUCA-
TION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS MADE BY SUCH

S. 1572--A                          5

APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE YEARS FOLLOWING
THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE  FOR  PAYMENT
TO  A  NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION WITH EXPERIENCE
IN  ANALYZING  THE EFFICACY AND BENEFITS OF SEX EDUCATION GRANT PROGRAMS
FOR PURPOSES OF ENABLING SUCH ORGANIZATION TO EVALUATE THE  TOTALITY  OF
THE  GRANT  PROGRAM  AND  GRANTS  AWARDED IN THE TWO YEARS FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE.  SIMILARLY, NOT MORE THAN  FOUR  PERCENT
OF  ANY  FUNDS FOR THE STATE FISCAL YEAR COMMENCING FOUR YEARS FOLLOWING
THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE  FOR  PAYMENT
TO  THE  SAME  ORGANIZATION WHICH WAS AWARDED THE INITIAL CONTRACT TO SO
ANALYZE THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM FOR THE  PURPOSE
OF  PROVIDING NECESSARY FUNDS TO THEM TO ANALYZE THE AGE-APPROPRIATE SEX
EDUCATION GRANT PROGRAM FROM ITS INCEPTION THROUGH AND INCLUDING ALL THE
GRANT YEAR PERIODS AUTHORIZED UNDER THIS ARTICLE.   THE CONTRACT  TO  BE
AWARDED  TO  SUCH  ORGANIZATION  SHALL  BE  LET ONLY AFTER A REQUEST FOR
PROPOSAL HAS BEEN ISSUED BY THE DEPARTMENT IN THE MANNER PROVIDED FOR BY
LAW, AND THE AWARD OF SUCH CONTRACT  SHALL  BE  SUBJECT  TO  COMPETITIVE
BIDDING  REQUIREMENTS  AS  ALSO  REQUIRED BY LAW.   THE DEPARTMENT SHALL
INCLUDE WITHIN THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF  EVALUATION
TO  BE  EMPLOYED  BY THE ORGANIZATION TO BE AWARDED THE BID. THE REQUEST
FOR PROPOSAL SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDI-
TIONAL EVALUATIVE CRITERIA THAT MAY  BE  UTILIZED  BY  THE  ORGANIZATION
AWARDED  THE  BID  IF  APPROVED  BY  THE DEPARTMENT. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THIS SUBDIVISION,  THE  REQUEST  FOR  PROPOSAL
SHALL  INCLUDE A PROVISION AUTHORIZING THE COMMISSIONER TO TERMINATE THE
AWARDED CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF
THE SECOND EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE  GRANT  PERIOD
AUTHORIZED  UNDER THIS ARTICLE IF THE COMMISSIONER IS NOT SATISFIED WITH
THE QUALITY OF EFFORT DEMONSTRATED BY SUCH BIDDER IN  THE  FIRST  EVALU-
ATION  OF  THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR REQUEST FOR
PROPOSAL PROCEDURE SHALL BE UTILIZED  FOR  THE  PURPOSE  OF  MAKING  THE
SECOND EVALUATION.
  6.  BEGINNING  WITH  THE  SCHOOL  YEAR IN JULY TWO YEARS FOLLOWING THE
EFFECTIVE DATE OF THIS ARTICLE AND EVERY SCHOOL  YEAR  THEREAFTER,  FROM
ANY  ANNUAL  APPROPRIATIONS  AND/OR  REAPPROPRIATIONS MADE THEREFOR, THE
COMMISSIONER SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRIATED
(MINUS ANY AMOUNTS NECESSARY TO  PAY  ADJUSTMENT  EXPENSES  PURSUANT  TO
SUBDIVISIONS  THREE,  FOUR  AND FIVE OF THIS SECTION) FOR THE PURPOSE OF
AWARDING GRANTS FOR SEX EDUCATION GRANT PROGRAM PLANS  APPROVED  BY  THE
COMMISSIONER  PURSUANT  TO  SECTION FOURTEEN HUNDRED FIFTY-THREE OF THIS
ARTICLE TO BE CONDUCTED BY PUBLIC  SCHOOL  DISTRICTS  AND/OR  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES  INCLUDING  THOSE  PROGRAMS WHICH ARE
GOING TO BE CONDUCTED IN ACCORDANCE WITH  A  PROGRAM  PLAN  PURSUANT  TO
CONSORTIUMS  OR  PARTNERSHIPS  FORMED BY A PUBLIC SCHOOL DISTRICT AND/OR
BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  A  SCHOOL-BASED  HEALTH
CENTER  OR ONE OR MORE COMMUNITY BASED ORGANIZATIONS. PRIORITY, SUBSTAN-
TIAL CONSIDERATION AND WEIGHT SHALL BE ACCORDED BY THE  COMMISSIONER  IN
THE  AWARDING  OF GRANTS TO SUCH CONSORTIUMS OR PARTNERSHIPS. SIMILARLY,
THE COMMISSIONER SHALL SET ASIDE TWENTY PER CENTUM OF ANY  APPROPRIATION
FOR  THE  PURPOSE  OF  AWARDING GRANTS FOR AGE-APPROPRIATE SEX EDUCATION
GRANT PROGRAM PLANS APPROVED BY THE COMMISSIONER FOR ELIGIBLE APPLICANTS
WHO ARE COMMUNITY BASED ORGANIZATIONS  OR  SCHOOL-BASED  HEALTH  CENTERS
WHICH  ARE  NOT CONDUCTING SUCH PROGRAM AS PART OF A CONSORTIUM OR PART-
NERSHIP.
  7. IN MAKING GRANTS UNDER THIS ARTICLE, THE  COMMISSIONER  SHALL  ALSO
GIVE  SPECIAL  CONSIDERATION  AND  WEIGHT TO: (A) THE NUMBER OF REPORTED

S. 1572--A                          6

ADOLESCENT PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE  PREVI-
OUS  TEN  YEARS  AND  THE  NUMBER OF ADOLESCENT PARENTS, INCLUDING WHERE
FEASIBLE, THE NUMBER OF SINGLE PARENTS, WHO  CURRENTLY  RESIDE  IN  SUCH
AREA,  (B)  THE  NUMBER  OF REPORTED OCCURRENCES OF SEXUALLY TRANSMITTED
DISEASES AND HIV/AIDS AMONG RESIDENTS OF THE AREA  TO  BE  SERVED,  WITH
PARTICULAR  EMPHASIS  ON HIV/AIDS, (C) THE NUMBER OF PERSONS RESIDING IN
THE AREA TO BE SERVED WHOSE ANNUAL PERSONAL  INCOME  IS  LESS  THAN  ONE
HUNDRED  FIFTY  PERCENT  OF THE ESTABLISHED STATE INCOME STANDARD OR WHO
PARTICIPATE IN THE FREE AND REDUCED PRICE LUNCH PROGRAM  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW,
AND ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES  THAT
THE  AREA  TO  BE SERVED IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (D)
THE HIGH SCHOOL DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION
DEPARTMENT, AND (E) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH
INDICATES THAT THE AREA TO BE SERVED IS IN NEED  OF  AN  AGE-APPROPRIATE
SEX EDUCATION PROGRAM.
  S  1453.  APPLICATION  FOR GRANTS; AGE-APPROPRIATE SEX EDUCATION GRANT
PROGRAM PLAN. 1. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION  PROCE-
DURE BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS
ARTICLE,  AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE CRITE-
RIA CONSISTENT WITH THIS ARTICLE BY WHICH THE COMMISSIONER SHALL  DETER-
MINE THE ELIGIBILITY OF AN APPLICANT.
  2.  THE  ELIGIBLE  APPLICANT SHALL SUBMIT WITH ITS AGE-APPROPRIATE SEX
EDUCATION GRANT APPLICATION ITS GRANT PROGRAM PLAN TO THE  COMMISSIONER,
WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED AGE-APPROPRI-
ATE SEX EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO:
  (A)  THE  MANNER IN WHICH PARENTS AND OTHER ADULTS WILL BE INCLUDED IN
THE PROGRAM;
  (B) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI-
CANT'S PROGRAM, INCLUDING THE INSTRUCTIONAL MATERIALS, BOOKS, VIDEOS  OR
OTHER  INSTRUCTIONAL  TOOLS  TO  BE  USED AND THE TRAINING WHICH WILL BE
PROVIDED TO TEACHERS, PERSONNEL AND  VOLUNTEERS  WHO  WILL  CONDUCT  THE
PROGRAM.  SUCH  CURRICULUM  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A
COMPREHENSIVE BLOCK OF INSTRUCTION THAT STRESSES ABSTINENCE AS THE  MOST
EFFECTIVE  AND APPROPRIATE PROTECTION AGAINST HIV/AIDS AND PREGNANCY AND
WHICH CONTAINS WRITTEN AND ORAL INSTRUCTION ON THE PREVENTION OF SEXUAL-
LY TRANSMITTED DISEASES. THE OTHER CORE ELEMENTS SHALL SATISFY A SIGNIF-
ICANT NUMBER OF, OR PREFERABLY ALL OF, THE COMPONENTS OF  AN  AGE-APPRO-
PRIATE  SEX  EDUCATION  GRANT PROGRAM AS ESTABLISHED IN SECTION FOURTEEN
HUNDRED FIFTY-ONE OF THIS ARTICLE;
  (C) ANY SPECIAL, OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA-
TION METHODS TO BE UTILIZED;
  (D) THE NUMBER  AND  TYPES  OF  TEACHING  OR  OTHER  PERSONNEL  TO  BE
EMPLOYED,  OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL OR
ACADEMIC CREDENTIALS;
  (E) THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE  OFFERED
AND A DESCRIPTION OF THE CATEGORIES AND AGE GROUPINGS OF AT-RISK ADOLES-
CENTS  INCLUDED IN SUCH PROGRAM, ALONG WITH AN ESTIMATE OF THE NUMBER OF
ADOLESCENTS  WHO  THE  APPLICANT  ESTIMATES  WILL  PARTICIPATE  IN  SUCH
PROGRAM;
  (F)  A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS OF
COURSE LENGTH AND IN TERMS OF BOTH SHORT TERM AND LONG-RANGE GOALS;
  (G) THE NEED FOR SUCH PROGRAM IN THE PROPOSED AREA TO  BE  SERVED.  IN
DETERMINING  SUCH  NEED THE COMMISSIONER SHALL SPECIFICALLY CONSIDER THE
FOLLOWING FACTORS AND GIVE SPECIAL ATTENTION TO PROGRAMS SERVICING AREAS
WHICH HAVE A HIGHER THAN AVERAGE INCIDENCE IN ONE OR MORE OF THE FOLLOW-

S. 1572--A                          7

ING ENUMERATED LIFE EXPERIENCES: (I) THE NUMBER OF  REPORTED  ADOLESCENT
PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVIOUS TEN YEARS
AND  THE  NUMBER  OF  ADOLESCENT  PARENTS, INCLUDING WHERE FEASIBLE, THE
NUMBER  OF  SINGLE  PARENTS, WHO CURRENTLY RESIDE IN SUCH AREA, (II) THE
NUMBER OF REPORTED OCCURRENCES  OF  SEXUALLY  TRANSMITTED  DISEASES  AND
HIV/AIDS  AMONG  RESIDENTS  OF  THE  AREA  TO BE SERVED, WITH PARTICULAR
EMPHASIS ON HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN  THE  AREA
TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE HUNDRED FIFTY
PERCENT  OF  THE ESTABLISHED STATE INCOME STANDARD OR WHO PARTICIPATE IN
THE FREE OR REDUCED PRICE LUNCH PROGRAM AS DEFINED IN SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF  THE  EDUCATION  LAW,  AND  ANY  OTHER
GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT THE AREA TO BE
SERVED  IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) THE HIGH SCHOOL
DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION DEPARTMENT, AND
(V) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES  THAT
THE  AREA  TO  BE  SERVED IS IN NEED OF AN AGE-APPROPRIATE SEX EDUCATION
PROGRAM;
  (H) THE SUCCESS REALIZED BY AN ELIGIBLE APPLICANT IN REDUCING UNWANTED
PREGNANCIES AND CASES OF  SEXUALLY  TRANSMITTED  DISEASES,  AS  WELL  AS
REDUCING RISK BEHAVIOR, IN PROGRAMS PREVIOUSLY, OR CURRENTLY, CONDUCTED;
AND
  (I) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUEST.
  3.  IN  CONSIDERING APPLICATIONS SUBMITTED BY ELIGIBLE APPLICANTS, THE
COMMISSIONER SHALL GIVE SPECIAL ATTENTION, AND GRANT PRIORITY TO  APPLI-
CATIONS  SUBMITTED  BY  AN  ELIGIBLE  APPLICANT WHICH IS A PUBLIC SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WORKING IN CONSOR-
TIUM OR PARTNERSHIP WITH ONE OR MORE COMMUNITY  BASED  ORGANIZATIONS  OR
SCHOOL-BASED HEALTH CENTERS, ESPECIALLY WHERE THE COMMUNITY BASED ORGAN-
IZATION, ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS HAS A DEMONSTRATED
RECORD  OF SUCCESS IN THE CONDUCT OF SEX EDUCATION PROGRAMS OF A SIMILAR
NATURE TO THE SEX EDUCATION PROGRAM PROVIDED FOR IN THIS ARTICLE.
  S 1454. MAINTENANCE OF EFFORT. ANY MONIES MADE AVAILABLE TO AN  ELIGI-
BLE APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS
PREVIOUSLY  EXPENDED  FOR  THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR,
BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI-
BLE APPLICANT SHALL REDUCE ANY SUBSEQUENT YEARS'  EXPENDITURES  FOR  THE
SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE
IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS ARTICLE.
  S  1455.  ANNUAL REPORTS BY GRANT RECIPIENTS. 1. EVERY ELIGIBLE APPLI-
CANT THAT HAS BEEN AWARDED A GRANT UNDER  THIS  ARTICLE  SHALL  FILE  AN
ANNUAL  REPORT WITH THE COMMISSIONER, IN SUCH FORM AND WITH SUCH DATA AS
THE COMMISSIONER PRESCRIBES DETAILING THE EXPENDITURE  OF  GRANT  FUNDS,
TOGETHER  WITH  AN  ANALYSIS  OF THE AGE-APPROPRIATE SEX EDUCATION GRANT
PROGRAM IT CONDUCTED, WITH A SUMMARY  OF  ITS  SUCCESS  OR  FAILURES  IN
ALTERING  ATTITUDES REGARDING THE MERITS OF SEXUAL ABSTINENCE AS WELL AS
IN PREVENTING UNWANTED PREGNANCIES, SEXUALLY  TRANSMITTED  DISEASES  AND
HIV/AIDS.
  2.  THE  COMMISSIONER  SHALL ON OR BEFORE FEBRUARY FIRST IN EACH YEAR,
SUBMIT A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY  PRESIDENT
OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY CONTAINING HIS OR HER
FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR
AND THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE  RESPEC-
TIVELY,  THE  COMMISSIONER  SHALL  ALSO  INCLUDE  THE  EVALUATION OF THE
PROGRAM AS PRESENTED BY THE ACCREDITED ORGANIZATION IN  ACCORDANCE  WITH
SECTION FOURTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE.

S. 1572--A                          8

  S  1456.  NOTIFICATION TO POTENTIAL APPLICANTS. THE COMMISSIONER SHALL
TIMELY SEND TO EVERY PUBLIC SCHOOL DISTRICT  AND  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  AND TO EVERY REQUESTING COMMUNITY BASED ORGANIZA-
TION OR SCHOOL-BASED HEALTH CENTER A COPY OF THIS  ARTICLE  AND  GENERAL
INFORMATION  RELATING TO THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
AND THE APPLICATION PROCESS THEREFOR.
  S 1457. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  AS
SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
CLE.
  S  4. Severability.   If any provision of this act, or any application
of any provision of this act, is held to  be  invalid,  that  shall  not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act.
  S 5. This act shall take effect immediately.

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