The New York State Senate

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

                                  3798

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 14, 2019
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  age-appropriate  sex education grant program, to be referred to as the
  healthy teens act

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

  Section  1.  Legislative  intent.   The legislature finds and declares
that New York state's teen pregnancy rate, 56.2 per  1000  female  15-19
year  olds  as  compared to the Healthy People 2010 goal of 43 cases per
1000 female 15-19 year olds falls far too short  of  the  public  health
expectation  set  by the Surgeon General. New York state had 40,000 teen
pregnancies in 2006.  In addition, according to the centers for  disease
control,  1  in  4  teenage  girls has a sexually transmitted infection.
This is true in New York state as well. Current research documents  that
individuals  who  receive  early,  comprehensive,  age-appropriate,  and
scientifically accurate education in the health and  other  benefits  of
sexual abstinence, family planning, and birth control are more likely to
delay  sexual  activity  and engage later in such activity with a higher
degree  of  responsibility  and  safety.  Comprehensive  sex   education
programs  which  complement parental involvement and instruction respect
the diversity and values of our state and provide our youth at risk with
the foundation to make responsibly informed choices.  The  earlier  such
programs  are commenced on an age-appropriate curriculum basis, the more
responsible will be the sexual activity decisions.
  Statistics within New York state communities show an increase in rates
of sexually transmitted diseases among adolescents over the past several
years.  Adolescents are the fastest growing population of  new  HIV/AIDS
cases.  These  increases place greater demand on the state's health care
delivery system and require that we take immediate action and embark  on
a  dedicated mission to provide targeted at-risk adolescents with a more

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

                                                           LBD08602-01-9

S. 3798                             2

concentrated sex education program with a  significant  parental  compo-
nent, designed to inform and instruct them on abstinence, protection and
pregnancy prevention.  Approximately 25 percent of new cases of sexually
transmitted  diseases  each year occur among teenagers and two-thirds of
such new cases occur among persons 15 to 24 years old.  By  age  24,  at
least  one  in three sexually active persons are estimated to have had a
sexually transmitted disease. By way of example, the highest age-specif-
ic gonorrhea rates among women and the third highest rates among men are
in the 15 to 19 year old group.
  It is the intent of  the  legislature  that  the  age-appropriate  sex
education  grant program established in this act provide at-risk adoles-
cents with the information, assistance, skills  and  support  to  enable
them  to  make  responsible  decisions, including abstaining from sexual
intercourse and for those who do become  sexually  active,  the  use  of
condoms or contraceptives effectively.
  It is also the intent of the legislature to reduce the current teenage
pregnancy rate to 36.2 among 15 to 17 year olds and 105.9 among 18 to 19
year  olds  by  the  year 2020 to meet the federal government initiative
known as Healthy People 2020.
  § 2. This act shall be known and may be cited as  the  "healthy  teens
act".
  §  3. The public health law is amended by adding a new article 14-A to
read as follows:
                              ARTICLE 14-A
               AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
SECTION 1450. DEFINITIONS.
        1451. ESTABLISHMENT  OF  AGE-APPROPRIATE  SEX  EDUCATION   GRANT
                PROGRAM; GENERAL COMPONENTS.
        1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS.
        1453. APPLICATION  FOR  GRANTS;  AGE-APPROPRIATE  SEX  EDUCATION
                GRANT PROGRAM PLAN.
        1454. MAINTENANCE OF EFFORT.
        1455. ANNUAL REPORTS BY GRANT RECIPIENTS.
        1456. NOTIFICATION TO POTENTIAL APPLICANTS.
        1457. REGULATIONS.
  § 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "ELIGIBLE  APPLICANT"  MEANS  (A)  A PUBLIC SCHOOL DISTRICT, (B) A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  (C)  A  SCHOOL-BASED  HEALTH
CENTER,  (D)  A  COMMUNITY  BASED ORGANIZATION WHICH MAY BE A FOR-PROFIT
CORPORATION OR ENTITY OR NOT-FOR-PROFIT CORPORATION OR ORGANIZATION,  OR
(E)  A  CONSORTIUM  OR PARTNERSHIP FORMED BY A PUBLIC SCHOOL DISTRICT, A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR A  SCHOOL-BASED  HEALTH
CENTER AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES FOR
THE  AWARD OF AN AGE-APPROPRIATE SEX EDUCATION GRANT BY THE COMMISSIONER
UNDER THIS ARTICLE.
  2. "GRANT PROGRAM PLAN" MEANS THE PLAN SUBMITTED TO  THE  COMMISSIONER
BY  AN  ELIGIBLE  APPLICANT  UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF
THIS ARTICLE.
  3. "STATE INCOME STANDARD" MEANS THE MOST RECENT FEDERAL INCOME  OFFI-
CIAL  POVERTY LINE AS DEFINED ANNUALLY AND REVISED BY THE FEDERAL OFFICE
OF MANAGEMENT AND BUDGET ADJUSTED FOR FAMILY SIZE.
  4. "AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM" MEANS A COMPREHENSIVE
AGE-APPROPRIATE SEX EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT
UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.

S. 3798                             3

  5. "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER  ARTICLE
TWENTY-EIGHT  OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED UNDER
ARTICLE TWENTY-EIGHT  OF  THIS  CHAPTER,  WHICH  PROVIDES  PRIMARY  CARE
SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING.
  §  1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM;
GENERAL COMPONENTS. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT
AN AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE  PROGRAM  SHALL  BE
FORMULATED  BY THE COMMISSIONER AFTER CONSULTATION WITH THE COMMISSIONER
OF EDUCATION. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE  GRANTS  TO
ELIGIBLE  APPLICANTS  TO  SUPPORT  AGE-APPROPRIATE  SEX  EDUCATION GRANT
PROGRAMS FOR YOUNG PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION
IN THE COMPONENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
  2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL
GRANT UNDER SUBDIVISION THREE OF THIS SECTION, SUCH AN  APPLICANT  SHALL
SUBMIT WITH ITS APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE
OFFERED IN ITS AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE COMMIS-
SIONER  SHALL DETERMINE CERTAIN TOPICS OF INSTRUCTION TO BE OPTIONAL FOR
AGE-APPROPRIATE REASONS AS SHALL BE SPECIFIED  BY  THE  COMMISSIONER  IN
APPLICATION  INSTRUCTIONS  MADE  AVAILABLE  BY  THE  DEPARTMENT  FOR THE
PURPOSES OF IMPLEMENTING THIS ARTICLE.  IT IS NOT NECESSARY  TO  PROVIDE
EQUAL  EMPHASIS  ON EACH COMPONENT OF INSTRUCTION, HOWEVER A PROJECT MAY
NOT BE INCONSISTENT WITH ANY OF  THE  COMPONENTS.    THE  COMPONENTS  OF
INSTRUCTION SHALL INCLUDE WHETHER SUCH INSTRUCTION:
  (A) IS AGE-APPROPRIATE AND MEDICALLY-ACCURATE;
  (B)  DOES  NOT TEACH OR PROMOTE RELIGION, PROVIDED THAT THIS PARAGRAPH
SHALL NOT PRECLUDE DISCUSSION  OF  MORAL,  ETHICAL  OR  RELIGIOUS  VIEWS
RELATED TO SEX OR SEXUAL RELATIONSHIPS;
  (C) TEACHES THAT ABSTINENCE IS THE ONLY SURE WAY TO AVOID PREGNANCY OR
SEXUALLY TRANSMITTED DISEASES;
  (D)  STRESSES THE VALUE OF ABSTINENCE WHILE NOT IGNORING THOSE ADOLES-
CENTS WHO HAVE HAD OR WHO ARE HAVING SEXUAL INTERCOURSE;
  (E) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO PREVENT PREGNANCY;
  (F) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO REDUCE THE RISK  OF
CONTRACTING SEXUALLY TRANSMITTED DISEASES, HIV/AIDS AND OTHER DISEASES;
  (G)  PROVIDES INFORMATION ABOUT THE VACCINE FOR HUMAN PAPILLOMA VIRUS,
WHICH MAY PREVENT CERVICAL CANCER, GENITAL WARTS, INFERTILITY, AND OTHER
REPRODUCTIVE HEALTH PROBLEMS, WHEN ADMINISTERED PRIOR TO BECOMING  SEXU-
ALLY ACTIVE;
  (H)  ENCOURAGES  FAMILY  COMMUNICATION  ABOUT SEXUALITY AMONG PARENTS,
OTHER ADULT HOUSEHOLD MEMBERS AND CHILDREN;
  (I) TEACHES SKILLS TO  MAKE  RESPONSIBLE  DECISIONS  ABOUT  SEXUALITY,
INCLUDING  HOW  TO  AVOID UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES,
AND HOW NOT TO MAKE UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES;
  (J) TEACHES HOW ALCOHOL AND DRUG USE CAN AFFECT  RESPONSIBLE  DECISION
MAKING;
  (K)  HELPS  YOUNG PEOPLE TO GAIN KNOWLEDGE ABOUT THE PHYSICAL, BIOLOG-
ICAL AND HORMONAL CHANGES OF ADOLESCENCE AND SUBSEQUENT STAGES OF  HUMAN
MATURATION;
  (L)  DEVELOPS THE KNOWLEDGE AND SKILLS NECESSARY TO ENSURE AND PROTECT
YOUNG PEOPLE WITH RESPECT TO THEIR SEXUAL AND REPRODUCTIVE HEALTH;
  (M) ASSISTS YOUNG PEOPLE  IN  GAINING  KNOWLEDGE  ABOUT  THE  SPECIFIC
INVOLVEMENT  OF,  AND RESPONSIBILITY OF BOTH MALES AND FEMALES IN SEXUAL
DECISION MAKING;

S. 3798                             4

  (N) DEVELOPS HEALTHY ATTITUDES AND VALUES CONCERNING GROWTH AND DEVEL-
OPMENT, BODY IMAGE, GENDER ROLES, SEXUAL ORIENTATION AND OTHER SUBJECTS;
  (O)  ENCOURAGES YOUNG PEOPLE TO PRACTICE HEALTHY LIFE SKILLS INCLUDING
GOAL SETTING, DECISION MAKING, NEGOTIATION, AND COMMUNICATION AND STRESS
MANAGEMENT;
  (P) PROMOTES SELF-ESTEEM AND POSITIVE INTERPERSONAL SKILLS FOCUSING ON
RELATIONSHIP SKILLS, INCLUDING PLATONIC, ROMANTIC, INTIMATE  AND  FAMILY
RELATIONSHIPS AND INTERACTION AND HOW TO AVOID RELATIONSHIP ABUSE; AND
  (Q)  IS  BASED  ON THEORETICAL PROJECTS THAT HAVE BEEN DEMONSTRATED TO
INFLUENCE HEALTH BEHAVIOR.
  IT IS NOT NECESSARY FOR THE GRANTEE  TO  ADDRESS  EVERY  COMPONENT  OF
INSTRUCTION,  HOWEVER,  PARAGRAPHS  (A)  AND (B) OF THIS SUBDIVISION ARE
REQUIRED OF ALL APPLICANT PROGRAMS. NO PROGRAM MAY  INCLUDE  INFORMATION
OR MESSAGES THAT CONTRADICT ANY OF THE COMPONENTS.
  3.  ANY  ELIGIBLE  APPLICANT  MAY  APPLY FOR, AND UPON APPROVAL OF THE
APPLICATION BY THE COMMISSIONER, SHALL BE AWARDED AN ANNUAL  SEX  EDUCA-
TION  GRANT PROVIDED IT DEMONSTRATES IN THE GRANT PROGRAM PLAN SUBMITTED
TO THE COMMISSIONER THAT:
  (A) IT IS CAPABLE OF PROVIDING YOUNG PERSONS  WITH  AN  EFFECTIVE  SEX
EDUCATION  PROGRAM  THAT  SHALL  BE  MEANINGFUL,  SUBSTANTIALLY  INVOLVE
PARENTS AND OTHER ADULTS AS  FEASIBLE  AND  APPROPRIATE,  AND  SHALL  BE
CONDUCTED IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS UNDER THIS
ARTICLE;
  (B) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT IT HAS A
PROVEN  RECORD  AND  EXPERIENCE  IN CONDUCTING MEANINGFUL AND SUCCESSFUL
AGE-APPROPRIATE SEX EDUCATION PROGRAMS FOR AT LEAST FIVE YEARS PRIOR  TO
THE  CALENDAR  YEAR IN WHICH APPLICATION FOR THE GRANT IS MADE, AND THAT
IT IS CAPABLE OF PROVIDING AN AGE-APPROPRIATE SEX EDUCATION PROGRAM TO A
BROAD BASED SEGMENT OF THE YOUTH POPULATION WITH  SPECIFIC  EMPHASIS  ON
TARGETED AT-RISK YOUTHS IN SUCH ORGANIZATION'S SERVICE AREA. THE COMMIS-
SIONER MAY SEEK AND HE OR SHE SHALL RECEIVE ANY PERTINENT INFORMATION OR
REQUEST AND RECEIVE RECOMMENDATIONS AS TO SUCH COMMUNITY BASED ORGANIZA-
TION'S  INTERACTIONS  OR  PRIOR  DEALINGS  WITH ANY OTHER STATE OR LOCAL
GOVERNMENTAL ENTITY, INCLUDING, BUT NOT LIMITED TO,  ANY  PUBLIC  SCHOOL
DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES IN MAKING THE
DETERMINATION REQUIRED BY THIS PARAGRAPH.
  4. ALL MONIES PROVIDED IN GRANTS UNDER THIS ARTICLE SHALL BE IN  ADDI-
TION  TO,  AND  NOT IN LIEU OF, ANY MONEYS HISTORICALLY APPROPRIATED FOR
THE SAME OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET  OR  REDUCE
MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS.
  §  1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 1. WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER SHALL BE  AUTHORIZED  TO
GRANT  AWARDS  FOR THE SUPPORT OF APPROVED AGE-APPROPRIATE SEX EDUCATION
GRANT PROGRAMS.
  2. GRANTS TO SUPPORT AN APPROVED AGE-APPROPRIATE SEX  EDUCATION  GRANT
PROGRAM  SHALL  BE  AWARDED  ON  A  COMPETITIVE BASIS IN ACCORDANCE WITH
CRITERIA ESTABLISHED BY THE COMMISSIONER.
  3. THE DEPARTMENT SHALL,  FROM  WITHIN  AMOUNTS  APPROPRIATED  TO  THE
DEPARTMENT,  UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND PRELIMI-
NARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE AGE-APPROPRIATE  SEX
EDUCATION  GRANT PROGRAM AUTHORIZED BY THIS ARTICLE FOR THE STATE FISCAL
YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
  4. NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY  APPRO-
PRIATION IN ANY SINGLE FISCAL YEAR FOR THE AGE-APPROPRIATE SEX EDUCATION
GRANT  PROGRAM  SHALL  BE  ANNUALLY RETAINED BY THE COMMISSIONER FOR THE
ADMINISTRATIVE PURPOSES OF THE DEPARTMENT.

S. 3798                             5

  5. OF THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE  SEX  EDUCA-
TION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS MADE BY SUCH
APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE YEARS FOLLOWING
THE  EFFECTIVE  DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT
TO  A  NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION WITH EXPERIENCE
IN ANALYZING THE EFFICACY AND BENEFITS OF SEX EDUCATION  GRANT  PROGRAMS
FOR  PURPOSES  OF ENABLING SUCH ORGANIZATION TO EVALUATE THE TOTALITY OF
THE GRANT PROGRAM AND GRANTS AWARDED IN  THE  TWO  YEARS  FOLLOWING  THE
EFFECTIVE  DATE  OF THIS ARTICLE.  SIMILARLY, NOT MORE THAN FOUR PERCENT
OF ANY FUNDS FOR THE STATE FISCAL YEAR COMMENCING FOUR  YEARS  FOLLOWING
THE  EFFECTIVE  DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT
TO THE SAME ORGANIZATION WHICH WAS AWARDED THE INITIAL  CONTRACT  TO  SO
ANALYZE  THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM FOR THE PURPOSE
OF PROVIDING NECESSARY FUNDS TO THEM TO ANALYZE THE AGE-APPROPRIATE  SEX
EDUCATION GRANT PROGRAM FROM ITS INCEPTION THROUGH AND INCLUDING ALL THE
GRANT  YEAR  PERIODS  AUTHORIZED UNDER THIS ARTICLE.  THE CONTRACT TO BE
AWARDED TO SUCH ORGANIZATION SHALL BE  LET  ONLY  AFTER  A  REQUEST  FOR
PROPOSAL HAS BEEN ISSUED BY THE DEPARTMENT IN THE MANNER PROVIDED FOR BY
LAW,  AND  THE  AWARD  OF  SUCH CONTRACT SHALL BE SUBJECT TO COMPETITIVE
BIDDING REQUIREMENTS AS ALSO REQUIRED BY  LAW.    THE  DEPARTMENT  SHALL
INCLUDE  WITHIN THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF EVALUATION
TO BE EMPLOYED BY THE ORGANIZATION TO BE AWARDED THE  BID.  THE  REQUEST
FOR PROPOSAL SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDI-
TIONAL  EVALUATIVE  CRITERIA  THAT  MAY  BE UTILIZED BY THE ORGANIZATION
AWARDED THE BID IF  APPROVED  BY  THE  DEPARTMENT.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  THIS  SUBDIVISION, THE REQUEST FOR PROPOSAL
SHALL INCLUDE A PROVISION AUTHORIZING THE COMMISSIONER TO TERMINATE  THE
AWARDED CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF
THE  SECOND  EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE GRANT PERIOD
AUTHORIZED UNDER THIS ARTICLE IF THE COMMISSIONER IS NOT SATISFIED  WITH
THE  QUALITY  OF  EFFORT DEMONSTRATED BY SUCH BIDDER IN THE FIRST EVALU-
ATION OF THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR  REQUEST  FOR
PROPOSAL  PROCEDURE  SHALL  BE  UTILIZED  FOR  THE PURPOSE OF MAKING THE
SECOND EVALUATION.
  6. BEGINNING WITH THE SCHOOL YEAR IN  JULY  TWO  YEARS  FOLLOWING  THE
EFFECTIVE  DATE  OF  THIS ARTICLE AND EVERY SCHOOL YEAR THEREAFTER, FROM
ANY ANNUAL APPROPRIATIONS AND/OR  REAPPROPRIATIONS  MADE  THEREFOR,  THE
COMMISSIONER SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRIATED
(MINUS  ANY  AMOUNTS  NECESSARY  TO  PAY ADJUSTMENT EXPENSES PURSUANT TO
SUBDIVISIONS THREE, FOUR AND FIVE OF THIS SECTION) FOR  THE  PURPOSE  OF
AWARDING  GRANTS  FOR  SEX EDUCATION GRANT PROGRAM PLANS APPROVED BY THE
COMMISSIONER PURSUANT TO SECTION FOURTEEN HUNDRED  FIFTY-THREE  OF  THIS
ARTICLE  TO  BE  CONDUCTED  BY  PUBLIC SCHOOL DISTRICTS AND/OR BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES  INCLUDING  THOSE  PROGRAMS  WHICH  ARE
GOING  TO  BE  CONDUCTED  IN  ACCORDANCE WITH A PROGRAM PLAN PURSUANT TO
CONSORTIUMS OR PARTNERSHIPS FORMED BY A PUBLIC  SCHOOL  DISTRICT  AND/OR
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND A SCHOOL-BASED HEALTH
CENTER OR ONE OR MORE COMMUNITY BASED ORGANIZATIONS. PRIORITY,  SUBSTAN-
TIAL  CONSIDERATION  AND WEIGHT SHALL BE ACCORDED BY THE COMMISSIONER IN
THE AWARDING OF GRANTS TO SUCH CONSORTIUMS OR  PARTNERSHIPS.  SIMILARLY,
THE  COMMISSIONER SHALL SET ASIDE TWENTY PER CENTUM OF ANY APPROPRIATION
FOR THE PURPOSE OF AWARDING GRANTS  FOR  AGE-APPROPRIATE  SEX  EDUCATION
GRANT PROGRAM PLANS APPROVED BY THE COMMISSIONER FOR ELIGIBLE APPLICANTS
WHO  ARE  COMMUNITY  BASED  ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS
WHICH ARE NOT CONDUCTING SUCH PROGRAM AS PART OF A CONSORTIUM  OR  PART-
NERSHIP.

S. 3798                             6

  7.  IN  MAKING  GRANTS UNDER THIS ARTICLE, THE COMMISSIONER SHALL ALSO
GIVE SPECIAL CONSIDERATION AND WEIGHT TO: (A)  THE  NUMBER  OF  REPORTED
ADOLESCENT  PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVI-
OUS TEN YEARS AND THE NUMBER  OF  ADOLESCENT  PARENTS,  INCLUDING  WHERE
FEASIBLE,  THE  NUMBER  OF  SINGLE PARENTS, WHO CURRENTLY RESIDE IN SUCH
AREA, (B) THE NUMBER OF REPORTED  OCCURRENCES  OF  SEXUALLY  TRANSMITTED
DISEASES  AND  HIV/AIDS  AMONG  RESIDENTS OF THE AREA TO BE SERVED, WITH
PARTICULAR EMPHASIS ON HIV/AIDS, (C) THE NUMBER OF PERSONS  RESIDING  IN
THE  AREA  TO  BE  SERVED  WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE
HUNDRED FIFTY PERCENT OF THE ESTABLISHED STATE INCOME  STANDARD  OR  WHO
PARTICIPATE  IN  THE  FREE AND REDUCED PRICE LUNCH PROGRAM AS DEFINED IN
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION  LAW,
AND  ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT
THE AREA TO BE SERVED IS ECONOMICALLY OR  OTHERWISE  DISADVANTAGED,  (D)
THE HIGH SCHOOL DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION
DEPARTMENT, AND (E) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH
INDICATES  THAT  THE  AREA TO BE SERVED IS IN NEED OF AN AGE-APPROPRIATE
SEX EDUCATION PROGRAM.
  § 1453. APPLICATION FOR GRANTS; AGE-APPROPRIATE  SEX  EDUCATION  GRANT
PROGRAM  PLAN. 1. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION PROCE-
DURE BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS
ARTICLE, AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE  CRITE-
RIA  CONSISTENT WITH THIS ARTICLE BY WHICH THE COMMISSIONER SHALL DETER-
MINE THE ELIGIBILITY OF AN APPLICANT.
  2. THE ELIGIBLE APPLICANT SHALL SUBMIT WITH  ITS  AGE-APPROPRIATE  SEX
EDUCATION  GRANT APPLICATION ITS GRANT PROGRAM PLAN TO THE COMMISSIONER,
WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED AGE-APPROPRI-
ATE SEX EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO:
  (A) THE MANNER IN WHICH PARENTS AND OTHER ADULTS WILL BE  INCLUDED  IN
THE PROGRAM;
  (B) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI-
CANT'S  PROGRAM, INCLUDING THE INSTRUCTIONAL MATERIALS, BOOKS, VIDEOS OR
OTHER INSTRUCTIONAL TOOLS TO BE USED AND  THE  TRAINING  WHICH  WILL  BE
PROVIDED  TO  TEACHERS,  PERSONNEL  AND  VOLUNTEERS WHO WILL CONDUCT THE
PROGRAM. SUCH CURRICULUM SHALL INCLUDE, BUT NEED NOT BE  LIMITED  TO,  A
COMPREHENSIVE  BLOCK OF INSTRUCTION THAT STRESSES ABSTINENCE AS THE MOST
EFFECTIVE AND APPROPRIATE PROTECTION AGAINST HIV/AIDS AND PREGNANCY  AND
WHICH CONTAINS WRITTEN AND ORAL INSTRUCTION ON THE PREVENTION OF SEXUAL-
LY TRANSMITTED DISEASES. THE OTHER CORE ELEMENTS SHALL SATISFY A SIGNIF-
ICANT  NUMBER  OF, OR PREFERABLY ALL OF, THE COMPONENTS OF AN AGE-APPRO-
PRIATE SEX EDUCATION GRANT PROGRAM AS ESTABLISHED  IN  SECTION  FOURTEEN
HUNDRED FIFTY-ONE OF THIS ARTICLE;
  (C) ANY SPECIAL, OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA-
TION METHODS TO BE UTILIZED;
  (D)  THE  NUMBER  AND  TYPES  OF  TEACHING  OR  OTHER  PERSONNEL TO BE
EMPLOYED, OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL  OR
ACADEMIC CREDENTIALS;
  (E)  THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE OFFERED
AND A DESCRIPTION OF THE CATEGORIES AND AGE GROUPINGS OF AT-RISK ADOLES-
CENTS INCLUDED IN SUCH PROGRAM, ALONG WITH AN ESTIMATE OF THE NUMBER  OF
ADOLESCENTS  WHO  THE  APPLICANT  ESTIMATES  WILL  PARTICIPATE  IN  SUCH
PROGRAM;
  (F) A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS  OF
COURSE LENGTH AND IN TERMS OF BOTH SHORT TERM AND LONG-RANGE GOALS;
  (G)  THE  NEED  FOR SUCH PROGRAM IN THE PROPOSED AREA TO BE SERVED. IN
DETERMINING SUCH NEED THE COMMISSIONER SHALL SPECIFICALLY  CONSIDER  THE

S. 3798                             7

FOLLOWING FACTORS AND GIVE SPECIAL ATTENTION TO PROGRAMS SERVICING AREAS
WHICH HAVE A HIGHER THAN AVERAGE INCIDENCE IN ONE OR MORE OF THE FOLLOW-
ING  ENUMERATED  LIFE EXPERIENCES: (I) THE NUMBER OF REPORTED ADOLESCENT
PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVIOUS TEN YEARS
AND  THE  NUMBER  OF  ADOLESCENT  PARENTS, INCLUDING WHERE FEASIBLE, THE
NUMBER OF SINGLE PARENTS, WHO CURRENTLY RESIDE IN SUCH  AREA,  (II)  THE
NUMBER  OF  REPORTED  OCCURRENCES  OF  SEXUALLY TRANSMITTED DISEASES AND
HIV/AIDS AMONG RESIDENTS OF THE  AREA  TO  BE  SERVED,  WITH  PARTICULAR
EMPHASIS  ON  HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN THE AREA
TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE HUNDRED FIFTY
PERCENT OF THE ESTABLISHED STATE INCOME STANDARD OR WHO  PARTICIPATE  IN
THE FREE OR REDUCED PRICE LUNCH PROGRAM AS DEFINED IN SUBDIVISION ONE OF
SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE  EDUCATION LAW, AND ANY OTHER
GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT THE AREA TO BE
SERVED IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) THE HIGH  SCHOOL
DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION DEPARTMENT, AND
(V)  ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT
THE AREA TO BE SERVED IS IN NEED OF  AN  AGE-APPROPRIATE  SEX  EDUCATION
PROGRAM;
  (H) THE SUCCESS REALIZED BY AN ELIGIBLE APPLICANT IN REDUCING UNWANTED
PREGNANCIES  AND  CASES  OF  SEXUALLY  TRANSMITTED  DISEASES, AS WELL AS
REDUCING RISK BEHAVIOR, IN PROGRAMS PREVIOUSLY, OR CURRENTLY, CONDUCTED;
AND
  (I) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUEST.
  3. IN CONSIDERING APPLICATIONS SUBMITTED BY ELIGIBLE  APPLICANTS,  THE
COMMISSIONER  SHALL GIVE SPECIAL ATTENTION, AND GRANT PRIORITY TO APPLI-
CATIONS SUBMITTED BY AN ELIGIBLE APPLICANT  WHICH  IS  A  PUBLIC  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WORKING IN CONSOR-
TIUM  OR  PARTNERSHIP  WITH ONE OR MORE COMMUNITY BASED ORGANIZATIONS OR
SCHOOL-BASED HEALTH CENTERS, ESPECIALLY WHERE THE COMMUNITY BASED ORGAN-
IZATION, ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS HAS A DEMONSTRATED
RECORD OF SUCCESS IN THE CONDUCT OF SEX EDUCATION PROGRAMS OF A  SIMILAR
NATURE TO THE SEX EDUCATION PROGRAM PROVIDED FOR IN THIS ARTICLE.
  §  1454. MAINTENANCE OF EFFORT. ANY MONIES MADE AVAILABLE TO AN ELIGI-
BLE APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN  A  PRIOR  YEAR,
BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI-
BLE  APPLICANT  SHALL  REDUCE ANY SUBSEQUENT YEARS' EXPENDITURES FOR THE
SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE
IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS ARTICLE.
  § 1455. ANNUAL REPORTS BY GRANT RECIPIENTS. 1. EVERY  ELIGIBLE  APPLI-
CANT  THAT  HAS  BEEN  AWARDED  A GRANT UNDER THIS ARTICLE SHALL FILE AN
ANNUAL REPORT WITH THE COMMISSIONER, IN SUCH FORM AND WITH SUCH DATA  AS
THE  COMMISSIONER  PRESCRIBES  DETAILING THE EXPENDITURE OF GRANT FUNDS,
TOGETHER WITH AN ANALYSIS OF THE  AGE-APPROPRIATE  SEX  EDUCATION  GRANT
PROGRAM  IT  CONDUCTED,  WITH  A  SUMMARY  OF ITS SUCCESS OR FAILURES IN
ALTERING ATTITUDES REGARDING THE MERITS OF SEXUAL ABSTINENCE AS WELL  AS
IN  PREVENTING  UNWANTED  PREGNANCIES, SEXUALLY TRANSMITTED DISEASES AND
HIV/AIDS.
  2. THE COMMISSIONER SHALL ON OR BEFORE FEBRUARY FIRST  IN  EACH  YEAR,
SUBMIT  A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  CONTAINING  HIS  OR  HER
FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR
AND  THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE RESPEC-
TIVELY, THE COMMISSIONER  SHALL  ALSO  INCLUDE  THE  EVALUATION  OF  THE

S. 3798                             8

PROGRAM  AS  PRESENTED BY THE ACCREDITED ORGANIZATION IN ACCORDANCE WITH
SECTION FOURTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
  §  1456.  NOTIFICATION TO POTENTIAL APPLICANTS. THE COMMISSIONER SHALL
TIMELY SEND TO EVERY PUBLIC SCHOOL DISTRICT  AND  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  AND TO EVERY REQUESTING COMMUNITY BASED ORGANIZA-
TION OR SCHOOL-BASED HEALTH CENTER A COPY OF THIS  ARTICLE  AND  GENERAL
INFORMATION  RELATING TO THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
AND THE APPLICATION PROCESS THEREFOR.
  § 1457. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS  AS
SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
CLE.
  §  4. Severability.   If any provision of this act, or any application
of any provision of this act, is held to  be  invalid,  that  shall  not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act.
  §  5.  This  act  shall take effect immediately and shall apply to the
school year which commences on or after July  first  in  the  year  next
succeeding the date on which it shall have become a law. The commission-
er  of health shall promulgate such regulations as shall be necessary to
implement the provisions of this act not later than 90 days  after  such
effective date.