S T A T E O F N E W Y O R K
________________________________________________________________________
10517
I N A S S E M B L Y
May 4, 2018
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to comprehensive sexuali-
ty education in schools
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:
§ 804-E. HEALTH EDUCATION REGARDING SEXUALITY. 1. ALL SCHOOLS SHALL
INCLUDE, AS AN INTEGRAL PART OF HEALTH EDUCATION, COMPREHENSIVE SEXUALI-
TY EDUCATION THAT IS AGE AND DEVELOPMENTALLY APPROPRIATE, MEDICALLY
ACCURATE, AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, COLOR, RELI-
GION, RELIGIOUS PRACTICE, NATIONAL ORIGIN, ETHNIC GROUP, SEX, GENDER,
DISABILITY, LANGUAGE, SEXUAL ORIENTATION, OR GENDER IDENTITY.
2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DEVELOP AND ESTABLISH A PROGRAM OF COMPREHENSIVE, MEDICALLY ACCU-
RATE SEXUALITY INSTRUCTION THAT ADDRESSES AGE AND DEVELOPMENTALLY APPRO-
PRIATE PHYSICAL, MENTAL, EMOTIONAL AND SOCIAL DIMENSIONS OF HUMAN SEXU-
ALITY AND, AT A MINIMUM, REFLECTS THE NATIONAL STANDARDS FOR SEXUALITY
EDUCATION AND RESPECTS ALL PUPILS REGARDLESS OF RACE, COLOR, RELIGION,
RELIGIOUS PRACTICE, NATIONAL ORIGIN, ETHNIC GROUP, SEX, GENDER, DISABIL-
ITY, LANGUAGE, SEXUAL ORIENTATION, OR GENDER IDENTITY. SUCH PROGRAM OF
INSTRUCTION SHALL INCLUDE: (I) LEARNING STANDARDS FOR SEXUALITY EDUCA-
TION IN GRADES KINDERGARTEN THROUGH TWELVE; (II) MODEL CURRICULA FOR
SEXUALITY EDUCATION IN GRADES KINDERGARTEN THROUGH TWELVE INCLUDING
EXEMPLAR LESSON PLANS, INSTRUCTIONAL TOOLS AND MATERIALS, AND BEST PRAC-
TICE INSTRUCTIONAL RESOURCES THAT ARE SUITABLE TO STUDENT AGE, BASED ON
COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY; (III) GUIDELINES AND
PROFESSIONAL TRAINING AND DEVELOPMENT NECESSARY TO IMPLEMENT THE
INSTRUCTION IN THE SCHOOLS; (IV) PUBLIC AVAILABILITY OF ALL MATERIALS
RELATED TO SEXUALITY EDUCATION ON THE DEPARTMENT'S WEBSITE; AND (V) A
SYSTEM TO TRACK AND EVALUATE SUCH SEXUALITY EDUCATION. SUCH PROGRAM OF
SEXUALITY INSTRUCTION SHALL BE REVIEWED PERIODICALLY, AT INTERVALS
DEEMED APPROPRIATE BY THE COMMISSIONER, AND UPDATED AS NECESSARY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14853-03-8
A. 10517 2
3. THE COMMISSIONER MAY PRESCRIBE IN REGULATIONS SUCH CONTENTS, TOPICS
AND COURSES TO BE INCLUDED IN A CURRICULUM OF COMPREHENSIVE, MEDICALLY
ACCURATE SEXUALITY INSTRUCTION; PROVIDED, HOWEVER, THAT SUCH REGULATIONS
RECOGNIZE THE DIVERSITY OF STUDENTS, FAMILIES AND COMMUNITIES IN SCHOOL
DISTRICTS AND SCHOOLS THROUGHOUT THE STATE AND RESPECT ALL STUDENTS
REGARDLESS OF RACE, COLOR, RELIGION, RELIGIOUS PRACTICE, NATIONAL
ORIGIN, ETHNIC GROUP, SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION,
DISABILITY OR LANGUAGE; PROVIDED, HOWEVER, THAT THE CONTENTS, TOPICS AND
COURSES NEED NOT BE UNIFORM THROUGHOUT THE STATE; AND PROVIDED FURTHER,
HOWEVER, THAT SCHOOL DISTRICTS SHALL UTILIZE EITHER A CURRICULUM FOR
HEALTH EDUCATION INSTRUCTION REGARDING SEXUALITY PRESCRIBED BY THE
COMMISSIONER OR A COURSE APPROVED BY THE COMMISSIONER IN ACCORDANCE WITH
CRITERIA ESTABLISHED BY THE COMMISSIONER.
4. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS
ABOUT A PROGRAM ON SEXUALITY EDUCATION, RELEVANT LEARNING STANDARDS,
MODEL CURRICULA AND CURRICULUM RESOURCES, GUIDELINES AND PROFESSIONAL
DEVELOPMENT BY DECEMBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION. UPON APPROVAL AND ADOPTION BY THE BOARD OF REGENTS, THE DEPART-
MENT SHALL ISSUE GUIDANCE TO THE SCHOOL DISTRICTS ABOUT THE PROGRAM ON
SEXUALITY INSTRUCTION AND PUBLISH ON ITS WEBSITE MODEL CURRICULA AND
INSTRUCTIONAL RESOURCES REQUIRED BY THIS SECTION. SCHOOL DISTRICTS SHALL
PROVIDE INSTRUCTION ABOUT SEXUALITY IN HEALTH EDUCATION NO LATER THAN
THE NEXT SCHOOL YEAR AFTER COMPONENTS OF THE SEXUALITY PROGRAM HAVE BEEN
APPROVED AND PUBLISHED. THE COMMISSIONER SHALL REVIEW THE SEXUALITY
INSTRUCTION PROGRAM PERIODICALLY AS THE COMMISSIONER DETERMINES NECES-
SARY TO UPDATE THE DATA, INFORMATION AND GUIDANCE ABOUT SEXUALITY
INSTRUCTION IN THE SCHOOLS.
5. ALL PRE-SERVICE TRAINING PROGRAMS IN THE STATE FOR TEACHERS SHALL
INCLUDE ADEQUATE PREPARATION REGARDING THE INSTRUCTION IN SEXUALITY SET
FORTH HEREIN, AND NO TEACHER SHALL BE LICENSED EXCEPT UPON SATISFACTORY
DEMONSTRATION OF THE COMPETENCIES INCLUDED IN THE INSTITUTIONAL
PROPOSALS APPROVED BY THE DEPARTMENT.
6. THE BOARDS OF EDUCATION AND TRUSTEES OF THE SEVERAL CITIES AND
SCHOOL DISTRICTS OF THE STATE SHALL EACH ESTABLISH AN ADVISORY COUNCIL
WHICH SHALL MAKE RECOMMENDATIONS TO THE BOARD OF EDUCATION OR TRUSTEES
CONCERNING THE CURRICULUM, CONTENT, AND EVALUATION OF THE SEXUALITY
EDUCATION REQUIREMENT PURSUANT TO THIS SECTION. THE ADVISORY COUNCIL
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, MEMBERS OF THE SCHOOL BOARD
OR TRUSTEES, SCHOOL AUTHORITIES, TEACHERS AND OTHER STAFF, PARENTS,
STUDENTS AND OTHER REPRESENTATIVES OF THE COMMUNITY. THE BOARD OF EDUCA-
TION OR TRUSTEES OF A SCHOOL DISTRICT SHALL DETERMINE THE CURRICULUM,
CONTENT AND EVALUATION AND APPROVE THE IMPLEMENTATION OF THE CURRICULUM
WITHIN SUCH SCHOOL DISTRICT AND SHALL BE RESPONSIBLE FOR THE EVALUATION
OF THE COMPREHENSIVE SEXUALITY INSTRUCTION WITHIN THE SCHOOL DISTRICT.
7. THE BOARD OF EDUCATION AND TRUSTEES OF THE SEVERAL CITIES AND
SCHOOL DISTRICTS OF THE STATE SHALL ESTABLISH A PROCESS BY WHICH A
STUDENT OR PARENT OR GUARDIAN OF A STUDENT MAY ELECT NOT TO PARTICIPATE
IN SEXUALITY EDUCATION; PROVIDED, HOWEVER THAT SUCH PROCESS SHALL
REQUIRE WRITTEN NOTICE SIGNED BY THE STUDENT OR THE STUDENT'S PARENT OR
GUARDIAN FOR EACH SCHOOL YEAR IN WHICH THE STUDENT IS REQUIRED TO TAKE
SEXUALITY EDUCATION AND WHICH SHALL BE MAINTAINED IN THE STUDENT'S
RECORD.
§ 2. This act shall take effect immediately.