Assembly Bill A9647

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

                                  9647

                          I N  A S S E M B L Y

                             March 22, 2012
                               ___________

Introduced  by  M. of A. NOLAN, JAFFEE, LIFTON -- read once and referred
  to the Committee on Education

AN ACT to amend the education law, in relation to authorizing schools to
  offer instruction or education programs in sexual health

  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 804-e
to read as follows:
  S 804-E. SEXUAL HEALTH EDUCATION. 1. ALL SCHOOLS UNDER  THE  JURISDIC-
TION  OF  THE STATE EDUCATION DEPARTMENT MAY OFFER INSTRUCTION OR EDUCA-
TION PROGRAMS IN SEXUAL HEALTH. A SCHOOL DISTRICT OR SCHOOL THAT  ELECTS
TO  PROVIDE  INSTRUCTION OR EDUCATION PROGRAMS IN SEXUAL HEALTH, WHETHER
TAUGHT BY SCHOOL DISTRICT PERSONNEL OR OUTSIDE CONSULTANTS, SHALL ASSURE
THAT ITS SEXUAL HEALTH INSTRUCTION OR EDUCATION PROGRAMS ARE  AGE-APPRO-
PRIATE AND MEDICALLY ACCURATE.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS: (A) "AGE APPROPRIATE" MEANS  CONTAINING  TOPICS,
MESSAGES  AND TEACHING METHODS SUITABLE TO PARTICULAR AGES OR AGE GROUPS
OF CHILDREN AND ADOLESCENTS, BASED ON  DEVELOPING  COGNITIVE,  EMOTIONAL
AND  BEHAVIORAL  CAPACITY  TYPICAL  FOR  THE  AGE  OR AGE GROUP; AND (B)
"MEDICALLY ACCURATE" MEANS SUPPORTED BY PEER-REVIEWED SCIENCE  OR  MEDI-
CINE  RESEARCH  CONDUCTED IN COMPLIANCE WITH ACCEPTED SCIENTIFIC METHODS
AND RECOGNIZED AS ACCURATE BY THE CENTERS FOR DISEASE CONTROL.
  3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
SHALL  IDENTIFY  AND  MAKE AVAILABLE TO THE SCHOOL DISTRICTS AND SCHOOLS
CURRICULA THAT ARE MEDICALLY ACCURATE AND AGE-APPROPRIATE FOR  EACH  AGE
GROUP  OF  STUDENTS. SUCH CURRICULA SHALL BE PUBLISHED ON THE WEBSITE OF
THE DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND
SHALL  BE UPDATED AS DETERMINED NECESSARY BY THE COMMISSIONER.
  4. A SCHOOL DISTRICT OR SCHOOL THAT  ELECTS  TO  OFFER  SEXUAL  HEALTH
EDUCATION  SHALL  MAKE  ITS  CURRICULUM  OR  CURRICULA  AVAILABLE  TO  A
STUDENT'S PARENT OR GUARDIAN UPON REQUEST. A PARENT  OR  GUARDIAN  OF  A
STUDENT  MAY  FILE  A  WRITTEN  REQUEST WITH THE PRINCIPAL OF THE SCHOOL
WHICH THE STUDENT ATTENDS TO EXCUSE THE STUDENT  FROM  PARTICIPATION  IN

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

                                                           LBD14308-01-2

A. 9647                             2

ANY  PART OR ALL OF SEXUAL HEALTH EDUCATION. THERE SHALL BE NO DISCIPLI-
NARY ACTION, ACADEMIC PENALTY OR  OTHER  SANCTION  AGAINST  ANY  STUDENT
EXCUSED FROM PARTICIPATION IN SEXUAL HEALTH EDUCATION.
  S  2.  This  act shall take effect on July 1, 2013; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.