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.
