Assembly Bill A90B

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

                                   90

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, MARKEY, HIKIND, SIMOTAS, COOK, COLTON,
  TITONE, ENGLEBRIGHT, MOYA, ROBERTS, GUNTHER,  PAULIN,  HOOPER,  TITUS,
  CLARK -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BARCLAY, FAHY,
  GRAF,  MALLIOTAKIS,  McDONOUGH,  ORTIZ, RA, RAIA, SALADINO, TEDISCO --
  read once and referred to the Committee on Education

AN ACT to amend  the  education  law,  in  relation  to  enacting  "Erin
  Merryn's law"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Erin Merryn's law".
  S  2.  Legislative  findings  and  intent.  The  legislature finds and
declares that child sexual abuse, estimated to affect up to one in  four
girls  and up to one in six boys, poses a grave threat to the health and
safety of young people, and its damaging effects can last a lifetime.
  The legislature also finds and declares that  child  sexual  exploita-
tion, including the use of children in pornography and prostitution, and
child  abduction pose a similar threat to the health and safety of young
people, and put child victims at grave risk of death  or  severe  bodily
harm.
  The  legislature  also  finds and declares that the incidence of child
sexual abuse, child sexual  exploitation  and  child  abduction  can  be
reduced  by raising awareness among young children of common dangers and
warning signs, empowering children to  better  protect  themselves  from
sexual  predators,  and  teaching  children  how to obtain any necessary
assistance or services.
  It is hereby declared to be the public policy and in the public inter-
est of this state to establish a comprehensive  program  to  provide  an
age-appropriate  course of instruction in the prevention of child abduc-
tion, child sexual exploitation and child sexual abuse.

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

                                                           LBD01551-01-5

A. 90                               2

  S 3. Section 803-a of the education law, as added by  chapter  658  of
the laws of 1994, is amended to read as follows:
  S 803-a. Courses  of  study  in  prevention  of child abduction, CHILD
SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.   1. All  pupils  in  grades
[K-8]  KINDERGARTEN  THROUGH  EIGHT  in  all public schools in the state
shall receive instruction designed to prevent the  abduction,  EXPLOITA-
TION  OR SEXUAL ABUSE of children. Such instruction shall be provided by
or under the direct supervision of regular classroom teachers, provided,
however, that such instruction may be  provided  by  any  other  agency,
public or private.
  2.  The  commissioner, shall provide technical assistance to assist in
the development of curricula for such courses of study  which  shall  be
age  appropriate  and  developed according to the needs and abilities of
pupils at successive grade levels in order to provide awareness  skills,
information,  self-confidence  and  support  to aid in the prevention of
child abduction, CHILD SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.
  3. For purposes of developing such courses  of  study,  the  board  of
education or trustees of every school district may establish local advi-
sory  councils  or  utilize  the school-based shared decision making and
planning committee established pursuant to regulations  of  the  commis-
sioner to make recommendations concerning the content and implementation
of  such  courses. School districts may alternatively utilize courses of
instruction developed by consortia of school district, boards of cooper-
ative educational services, other school districts or any other  agency,
public  or  private. Such advisory councils shall consist of, but not be
limited to, parents, school  trustees  and  board  members,  appropriate
school  personnel,  business  and  community  representatives,  and  law
enforcement personnel having  experience  in  the  prevention  of  child
abduction, CHILD SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.
  4.  The  board of education or trustees of every school district shall
provide appropriate training and curriculum materials  for  the  regular
teachers who provide such instruction.
  S  4.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

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

                                  90--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, MARKEY, HIKIND, SIMOTAS, COOK, COLTON,
  TITONE, ENGLEBRIGHT, MOYA, ROBERTS, GUNTHER,  PAULIN,  HOOPER,  TITUS,
  CLARK, MAYER, WALKER, RODRIGUEZ, GOTTFRIED -- Multi-Sponsored by -- M.
  of  A.   ABBATE, ARROYO, BARCLAY, CURRAN, FAHY, GRAF, KAMINSKY, LOPEZ,
  MALLIOTAKIS, McDONOUGH, ORTIZ, RA, RAIA,  SALADINO,  TEDISCO  --  read
  once   and  referred  to  the  Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend  the  education  law,  in  relation  to  enacting  "Erin
  Merryn's law"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Erin Merryn's law".
  S  2.  Legislative  findings  and  intent.  The  legislature finds and
declares that child sexual abuse, estimated to affect up to one in  four
girls  and up to one in six boys, poses a grave threat to the health and
safety of young people, and its damaging effects can last a lifetime.
  The legislature also finds and declares that  child  sexual  exploita-
tion, including the use of children in pornography and prostitution, and
child  abduction pose a similar threat to the health and safety of young
people, and put child victims at grave risk of death  or  severe  bodily
harm.
  The  legislature  also  finds and declares that the incidence of child
sexual abuse, child sexual  exploitation  and  child  abduction  can  be
reduced  by raising awareness among young children of common dangers and
warning signs, empowering children to  better  protect  themselves  from
sexual  predators,  and  teaching  children  how to obtain any necessary
assistance or services.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01551-04-5
              

A. 90--A                            2

  It is hereby declared to be the public policy and in the public inter-
est of this state to establish a comprehensive  program  to  provide  an
age-appropriate  course of instruction in the prevention of child abduc-
tion, child sexual exploitation and child sexual abuse.
  S  3.  Section  305  of  the  education law is amended by adding a new
subdivision 53 to read as follows:
  53. A. THE COMMISSIONER SHALL  MAKE  RECOMMENDATIONS  TO  THE  REGENTS
RELATING  TO  INSTRUCTION TO PREVENT CHILD SEXUAL EXPLOITATION AND CHILD
ABUSE IN GRADES KINDERGARTEN THROUGH EIGHT.
  B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE REGENTS, THE COMMISSION-
ER SHALL:
  (I) SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL  ADMINISTRATORS,
TEACHER  EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED
CURRICULUM;
  (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
  (III) CONSIDER THE AMOUNT OF INSTRUCTIONAL TIME SUCH  CURRICULUM  WILL
REQUIRE  AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED COURSES
OF STUDY;
  (IV) CONSIDER THE FISCAL IMPACT, IF  ANY,  ON  THE  STATE  AND  SCHOOL
DISTRICTS; AND
  (V) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
  C.  NO  LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
REGENTS TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND REGULATIONS
IMPLEMENTING SUCH  CURRICULUM  OR  REJECT  THE  IMPLEMENTATION  OF  SUCH
CURRICULUM.  UPON  RECEIVING  A  RECOMMENDATION  FROM  THE COMMISSIONER,
PURSUANT TO THIS SUBDIVISION, THE REGENTS SHALL VOTE TO EITHER ACCEPT OR
REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY DAYS  AFTER
RECEIVING SUCH RECOMMENDATION.
  D.  IF  THE  REGENTS ADOPT SUCH CURRICULUM, THE CURRICULUM REQUIREMENT
SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER SUCH  CURRIC-
ULUM HAS BEEN ADOPTED.
  E.  IF  THE  REGENTS  REJECT  SUCH  CURRICULUM, THE COMMISSIONER SHALL
PROVIDE A REPORT AS TO THE DETERMINATION OF THE REGENTS TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY  AND
THE  CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION PROVIDING
THE REASONS FOR SUCH REJECTION NOT LATER  THAN  THIRTY  DAYS  AFTER  THE
REGENTS REJECT SUCH CURRICULUM.
  S 4. This act shall take effect immediately.