Assembly Bill A6680

2017-2018 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A6680 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §908, amd §§6509 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4988
2015-2016: A6741
2019-2020: A6802

2017-A6680 (ACTIVE) - Summary

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

2017-A6680 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6680
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2017
                                ___________
 
 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.
                                                            LBD08564-01-7
              

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