S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5260
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to age-appropriate  sexu-
   ality education in public 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. EACH PUBLIC AND
 CHARTER SCHOOL SHALL INCLUDE, AS AN INTEGRAL PART OF HEALTH EDUCATION IN
 KINDERGARTEN THROUGH TWELFTH GRADE, A SEXUALITY EDUCATION  PROGRAM  THAT
 IS AGE AND DEVELOPMENTALLY APPROPRIATE, MEDICALLY ACCURATE, AND RESPECT-
 FUL  OF  ALL PUPILS REGARDLESS OF RACE, COLOR, RELIGION, RELIGIOUS PRAC-
 TICE, 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: (A) LEARNING STANDARDS FOR SEXUALITY EDUCA-
 TION IN GRADES KINDERGARTEN THROUGH  TWELVE;  (B)  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;  (C)  GUIDELINES  AND
 PROFESSIONAL  TRAINING  AND  DEVELOPMENT  NECESSARY  TO  IMPLEMENT   THE
 INSTRUCTION  IN  THE  SCHOOLS;  (D) PUBLIC AVAILABILITY OF ALL MATERIALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08997-01-9

 A. 5260                             2
 
 RELATED TO SEXUALITY EDUCATION PROGRAMS ON THE DEPARTMENT'S WEBSITE; AND
 (E) A SYSTEM TO TRACK AND EVALUATE SUCH  SEXUALITY  EDUCATION  PROGRAMS.
 SUCH  SEXUALITY  EDUCATION  PROGRAMS  SHALL BE REVIEWED PERIODICALLY, AT
 INTERVALS  DEEMED APPROPRIATE BY THE COMMISSIONER, AND UPDATED AS NECES-
 SARY.
    3. THE COMMISSIONER SHALL 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 COMMUNI-
 TIES 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 SEXUALITY EDUCATION PROGRAMS 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 SEXUALITY EDUCATION PROGRAM, RELEVANT LEARNING STANDARDS, MODEL
 CURRICULA AND CURRICULUM RESOURCES, GUIDELINES AND PROFESSIONAL DEVELOP-
 MENT 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 SCHOOL DISTRICTS ABOUT THE SEXUALITY EDUCA-
 TION  PROGRAM  AND  PUBLISH  ON ITS WEBSITE MODEL CURRICULA AND INSTRUC-
 TIONAL RESOURCES  REQUIRED  BY  THIS  SECTION.  SCHOOL  DISTRICTS  SHALL
 PROVIDE  SEXUALITY  EDUCATION PROGRAMS IN HEALTH EDUCATION NO LATER THAN
 THE NEXT SCHOOL YEAR AFTER COMPONENTS OF THE SEXUALITY EDUCATION PROGRAM
 HAVE BEEN APPROVED AND PUBLISHED. THE COMMISSIONER AND THE  COMMISSIONER
 OF  HEALTH  SHALL REVIEW THE SEXUALITY EDUCATION PROGRAM PERIODICALLY AS
 EITHER COMMISSIONER DETERMINES NECESSARY TO UPDATE THE DATA, INFORMATION
 AND GUIDANCE ABOUT THE PROGRAM IN THE SCHOOLS.
   5. CONSISTENT WITH THE SEXUALITY EDUCATION PROGRAM ESTABLISHED BY  THE
 COMMISSIONER  UNDER  THIS SECTION, THE SCHOOL AUTHORITIES OF EACH SCHOOL
 DISTRICT SHALL DETERMINE THE CURRICULUM AND  CONTENT  OF  THE  SEXUALITY
 EDUCATION  PROGRAM  WITHIN  THE SCHOOL DISTRICT AND SHALL BE RESPONSIBLE
 FOR THE EVALUATION OF THE PROGRAM WITHIN THE SCHOOL DISTRICT.
   6. THE SCHOOL AUTHORITIES OF EACH SCHOOL DISTRICT SHALL EACH ESTABLISH
 AN ADVISORY COUNCIL WHICH  SHALL  MAKE  RECOMMENDATIONS  TO  THE  SCHOOL
 AUTHORITIES  CONCERNING  THE  CURRICULUM, CONTENT, AND EVALUATION OF THE
 SEXUALITY EDUCATION PROGRAM UNDER THIS SECTION.   THE  ADVISORY  COUNCIL
 SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, MEMBERS OF THE SCHOOL AUTHOR-
 ITIES,  TEACHERS  AND OTHER STAFF, PARENTS, STUDENTS AND OTHER REPRESEN-
 TATIVES OF THE COMMUNITY.
   7. THE SCHOOL AUTHORITIES OF EACH SCHOOL DISTRICT  SHALL  ESTABLISH  A
 PROCESS  BY WHICH A STUDENT OR PARENT OR GUARDIAN OF A STUDENT MAY ELECT
 NOT TO PARTICIPATE IN THE SEXUALITY EDUCATION PROGRAM; 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 THE PROGRAM, AND WHICH SHALL BE MAINTAINED
 IN THE STUDENT'S RECORD.
   § 2. This act shall take effect one year after it shall have become  a
 law.  Effective  immediately,  the  commissioner of education shall make
 regulations and take other actions  reasonably  necessary  to  implement
 this act on that date.