Assembly Bill A3953A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3953
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. DINOWITZ, HIKIND, SIMOTAS, COOK, COLTON, TITONE,
   ENGLEBRIGHT, MOYA, GUNTHER,  PAULIN,  HOOPER,  TITUS,  MAYER,  WALKER,
   RODRIGUEZ,  GOTTFRIED,  SKOUFIS, SEPULVEDA, MALLIOTAKIS -- Multi-Spon-
   sored by -- M.  of A. ABBATE, ARROYO, BARCLAY, CURRAN,  FAHY,  GIGLIO,
   GRAF,  LAVINE,  LOPEZ, McDONOUGH, ORTIZ, RA, RAIA, SALADINO, THIELE --
   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".
   §  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.
              

                                                            LBD03175-01-7

 A. 3953                             2
 
   § 3. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 56 to read as follows:
   56.  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.
   § 4. This act shall take effect immediately.