assembly Bill A4988

2013-2014 Legislative Session

Relates to parental involvement in the distribution of emergency contraception in the public schools

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Feb 14, 2013 referred to education

A4988 (ACTIVE) - Details

See Senate Version of this Bill:
S4228
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §907, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6741
2017-2018: A6680
2019-2020: A6802

A4988 (ACTIVE) - Summary

Relates to parental involvement in the distribution of emergency contraception in the public schools.

A4988 (ACTIVE) - Bill Text download pdf

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

                                  4988

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Education

AN  ACT  to amend the education law, in relation to parental involvement
  in the distribution of emergency contraception in the public schools

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that parents of minor children  should  be  involved  in  their
child's  healthcare,  especially when such healthcare involves sensitive
matters that may impact their child's physical and  emotional  wellbeing
for  the  remainder  of  their  life. Healthcare services of this nature
include the distribution of emergency contraception.
  The courts of this state have long recognized the freedom  of  parents
to  direct  and  control the education and upbringing of their children.
PIERCE V. SOCIETY OF SISTERS, 268 U.S. 510 (1925). New York courts  have
determined  this  right to be "fundamental," and have stated that public
schools are "prohibited from dispensing condoms to unemancipated,  minor
students  without  the  prior  consent of their parents or guardians, or
without an opt-out provision..." ALFONSO V.  FERNANDEZ, 195 A.D. 2D  46,
60.
  The  courts have determined that prior consent (an "opt-in" provision)
is appropriate under the constitution of this state, and the legislature
agrees, finding such a  requirement  best  preserves  the  interests  of
parental involvement, provides for fully informed consent, and continues
to  allow  for  access  to  healthcare  services  by  children in public
schools.
  Further, the legislature finds that any consent  made  by  parents  on
behalf of their minor child or any consent a child over the age of eigh-
teen  provides  must  be  fully  and adequately informed. Therefore, the
legislature affirms that all information about the  risks,  side-effects

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08781-01-3