The New York State Senate

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

                                  1960

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of A. GUNTHER, AUBRY, WEISENBERG, ARROYO, PHEFFER --
  Multi-Sponsored by -- M. of A. CUSICK, ENGLEBRIGHT, GOTTFRIED,  LATIM-
  ER, LIFTON, LUPARDO, ORTIZ, RAMOS, REILLY -- read once and referred to
  the Committee on Education

AN  ACT to amend the education law, in relation to instruction regarding
  the prevention and reporting of sexual abuse and assault

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

  Section  1. The education law is amended by adding a new section 803-b
to read as follows:
  S 803-B. HEALTH EDUCATION REGARDING PREVENTION  OF  SEXUAL  ABUSE  AND
ASSAULT.  1.  ALL  PUBLIC  SCHOOLS SHALL INCLUDE, AS AN INTEGRAL PART OF
HEALTH EDUCATION, INSTRUCTION  CONCERNING  THE  RECOGNITION,  AVOIDANCE,
REFUSAL  AND  REPORTING OF INCIDENCES OF SEXUAL ABUSE AND ASSAULT.  SUCH
INSTRUCTION  SHALL  REFLECT  CURRENT  PRACTICES  AND  STANDARDS  IN  THE
PREVENTION OF SEXUAL ABUSE AND ASSAULT OF CHILDREN.
  2.  AGE APPROPRIATE INSTRUCTION CONCERNING THE RECOGNITION, AVOIDANCE,
REFUSAL AND REPORTING OF INCIDENCES OF SEXUAL ABUSE AND ASSAULT INCLUDED
IN THE HEALTH EDUCATION PROVIDED TO STUDENTS AT  THE  ELEMENTARY  SCHOOL
GRADES  MAY  BE  TAUGHT BY A REGULAR CLASSROOM TEACHER OR BY A CERTIFIED
TEACHER HOLDING A CERTIFICATE TO TEACH HEALTH  EDUCATION.    INSTRUCTION
CONCERNING  THE  RECOGNITION,  AVOIDANCE, REFUSAL AND REPORTING OF INCI-
DENCES OF SEXUAL ABUSE AND ASSAULT  INCLUDED  IN  THE  HEALTH  EDUCATION
PROVIDED  TO  STUDENTS AT THE SECONDARY SCHOOL GRADES SHALL BE TAUGHT BY
TEACHERS CERTIFIED TO TEACH HEALTH EDUCATION.
  3. TEACHERS SHALL  BE  PROVIDED  WITH  THE  APPROPRIATE  TRAINING  AND
CURRICULA  MATERIALS  CONCERNING  THE  AVOIDANCE  AND REPORTING OF CHILD
SEXUAL ABUSE AND ASSAULT.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding  the  date  on  which  it  shall have become a law, provided,
however, that effective immediately the  commissioner  of  education  is
authorized  to adopt any rules or regulations necessary to implement the
provisions of this act on such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02572-01-1