The New York State Senate

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

                                  4844

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 27, 2019
                               ___________

Introduced by Sens. METZGER, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed 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. COMPREHENSIVE SEXUALITY EDUCATION. 1. EACH PUBLIC AND CHARTER
SCHOOL SHALL INCLUDE, AS AN INTEGRAL PART OF EDUCATION IN GRADES KINDER-
GARTEN THROUGH TWELVE, COMPREHENSIVE SEXUALITY EDUCATION.
  2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DEVELOP AND ESTABLISH A COMPREHENSIVE SEXUALITY EDUCATION PROGRAM.
SUCH PROGRAM OF INSTRUCTION SHALL INCLUDE: (I)  LEARNING  STANDARDS  FOR
COMPREHENSIVE  SEXUALITY EDUCATION IN GRADES KINDERGARTEN THROUGH TWELVE
THAT, AT A MINIMUM, REFLECT THE NATIONAL SEXUALITY EDUCATION  STANDARDS;
(II)  MODEL  CURRICULA  FOR  COMPREHENSIVE SEXUALITY EDUCATION IN GRADES
KINDERGARTEN THROUGH TWELVE INCLUDING EXEMPLAR  LESSON  PLANS,  INSTRUC-
TIONAL  TOOLS  AND  MATERIALS, AND BEST PRACTICE INSTRUCTIONAL RESOURCES
THAT ARE SUITABLE TO STUDENT AGE, BASED  ON  COGNITIVE,  EMOTIONAL,  AND
BEHAVIORAL  CAPACITY;  (III)  GUIDELINES  AND  PROFESSIONAL TRAINING AND
DEVELOPMENT RESOURCES TO SUPPORT IMPLEMENTATION OF  THE  INSTRUCTION  IN
THE  SCHOOLS;  (IV) PUBLIC AVAILABILITY OF ALL PROGRAM MATERIALS RELATED
TO COMPREHENSIVE SEXUALITY EDUCATION ON THE  DEPARTMENT'S  WEBSITE;  AND
(V)  A  SYSTEM TO TRACK AND EVALUATE SUCH COMPREHENSIVE SEXUALITY EDUCA-
TION INCLUDING, BUT NOT LIMITED TO, A REPORTING REQUIREMENT THAT  TRACKS
AND  MAKES  DISTRICT  COMPLIANCE  PUBLICLY  AVAILABLE.  SUCH  PROGRAM OF
COMPREHENSIVE SEXUALITY INSTRUCTION SHALL BE  REVIEWED  PERIODICALLY  BY
THE  COMMISSIONER  IN  CONSULTATION  WITH THE COMMISSIONER OF HEALTH, AT
INTERVALS SPECIFIED BY THE COMMISSIONER, AND UPDATED AS NECESSARY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10518-01-9

S. 4844                             2

  3. THE COMMISSIONER SHALL  PRESCRIBE  IN  REGULATIONS  SUCH  CONTENTS,
TOPICS AND COURSES TO BE INCLUDED IN A CURRICULUM OF COMPREHENSIVE SEXU-
ALITY  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  CURRICULA  NEED  NOT  BE  UNIFORM
THROUGHOUT  THE  STATE;  AND  PROVIDED  FURTHER,  HOWEVER,  THAT  SCHOOL
DISTRICTS SHALL UTILIZE EITHER A CURRICULUM FOR COMPREHENSIVE  SEXUALITY
EDUCATION  INSTRUCTION PRESCRIBED BY THE COMMISSIONER OR A CURRICULUM IN
ACCORDANCE WITH THE STANDARDS AND CRITERIA ESTABLISHED  BY  THE  COMMIS-
SIONER.
  4. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS
ABOUT  A PROGRAM ON COMPREHENSIVE SEXUALITY EDUCATION, RELEVANT LEARNING
STANDARDS, MODEL CURRICULA  AND  CURRICULUM  RESOURCES,  GUIDELINES  AND
PROFESSIONAL DEVELOPMENT RESOURCES BY DECEMBER FIRST NEXT SUCCEEDING THE
EFFECTIVE DATE OF THIS SECTION.  UPON APPROVAL AND ADOPTION BY THE BOARD
OF  REGENTS, THE DEPARTMENT SHALL ISSUE GUIDANCE TO THE SCHOOL DISTRICTS
ABOUT THE PROGRAM ON COMPREHENSIVE SEXUALITY INSTRUCTION AND PUBLISH  ON
ITS WEBSITE MODEL CURRICULA AND INSTRUCTIONAL RESOURCES REQUIRED BY THIS
SECTION.   SCHOOL DISTRICTS SHALL PROVIDE COMPREHENSIVE SEXUALITY EDUCA-
TION INSTRUCTION NO LATER THAN THE  BEGINNING  OF  THE  NEXT  SUCCEEDING
SCHOOL YEAR STARTING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
NO  LATER  THAN  THE THIRD YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION
AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL  POST  CONSPICUOUSLY  ON
THE  DEPARTMENT'S WEBSITE IN A MANNER SEARCHABLE BY INDIVIDUAL SCHOOL, A
REPORT FOR THE PRECEDING ACADEMIC YEAR FOR EACH SCHOOL DISTRICT AND  FOR
EACH  SCHOOL  WITHIN  EACH  DISTRICT.  THE REPORT SHALL INCLUDE FOR EACH
GRADE LEVEL IN EACH SCHOOL, BUT NOT BE LIMITED TO, DATA SPECIFYING:  (I)
THE  NUMBER  OF  HOURS PER SEMESTER OF COMPREHENSIVE SEXUALITY EDUCATION
RECEIVED BY STUDENTS IN THAT  GRADE;  AND  (II)  THE  TOTAL  NUMBER  AND
PERCENTAGE  OF  STUDENTS  IN  EACH GRADE WHO HAVE RECEIVED THE AMOUNT OF
COMPREHENSIVE SEXUALITY  EDUCATION  REQUIRED  BY  THIS  SECTION  IN  THE
PRECEDING ACADEMIC YEAR.
  5.  THE  BOARDS  OF  EDUCATION  OR  TRUSTEES  OF THE 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  COMPREHENSIVE
SEXUALITY  EDUCATION  REQUIRED  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  AS
RECOMMENDED  BY THE TEACHERS' LABOR ORGANIZATION, PARENTS, STUDENTS, AND
OTHER REPRESENTATIVES OF THE COMMUNITY.  CONSISTENT WITH THE  COMPREHEN-
SIVE  SEXUALITY EDUCATION PROGRAM ESTABLISHED BY THE COMMISSIONER PURSU-
ANT TO THIS SECTION, THE BOARD OF EDUCATION  OR  TRUSTEES  OF  A  SCHOOL
DISTRICT SHALL DETERMINE THE CURRICULUM AND CONTENT OF THE PROGRAM WITH-
IN  THE  SCHOOL  DISTRICT AND SHALL BE RESPONSIBLE FOR THE EVALUATION OF
THE PROGRAM WITHIN THE DISTRICT.
  6. THE BOARD OF EDUCATION  AND  TRUSTEES  OF  THE  CITIES  AND  SCHOOL
DISTRICTS  OF  THE  STATE SHALL ESTABLISH A PROCESS BY WHICH A PARENT OR
GUARDIAN OF A STUDENT MAY ELECT FOR THE STUDENT NOT  TO  PARTICIPATE  IN
COMPREHENSIVE  SEXUALITY EDUCATION; PROVIDED, HOWEVER, THAT SUCH PROCESS
SHALL REQUIRE WRITTEN NOTICE SIGNED BY THE STUDENT'S PARENT OR  GUARDIAN
FOR  EACH  SCHOOL  YEAR  AND  WHICH SHALL BE MAINTAINED IN THE STUDENT'S
RECORD.

S. 4844                             3

  7. AS USED IN THIS ARTICLE, "COMPREHENSIVE SEXUALITY EDUCATION"  MEANS
A  MEDICALLY ACCURATE, AGE-APPROPRIATE SEQUENTIAL LEARNING PROGRAM WHICH
ADDRESSES PHYSICAL, MENTAL, EMOTIONAL AND  SOCIAL  DIMENSIONS  OF  HUMAN
SEXUALITY, IS TRAUMA-RESPONSIVE AND CULTURALLY APPROPRIATE, INCORPORATES
SKILLS-BASED  INSTRUCTION,  AND  IS  RESPECTFUL  AND  INCLUSIVE  OF  ALL
STUDENTS  REGARDLESS  OF  RACE,  COLOR,  RELIGION,  RELIGIOUS  PRACTICE,
NATIONAL ORIGIN, ETHNIC GROUP, SEX, GENDER, DISABILITY, LANGUAGE, SEXUAL
ORIENTATION,  OR  GENDER  IDENTITY.    COMPREHENSIVE SEXUALITY EDUCATION
SHALL INCLUDE, BUT IS NOT LIMITED TO,  AGE-APPROPRIATE  INSTRUCTION  ON:
(I)  HUMAN  ANATOMY, REPRODUCTION, AND SEXUAL DEVELOPMENT; (II) CONSENT,
BODILY AUTONOMY,  AND  HEALTHY  RELATIONSHIPS,  INCLUDING  RELATIONSHIPS
INVOLVING DIVERSE SEXUAL ORIENTATIONS AND GENDER IDENTITIES; (III) METH-
ODS  FOR  PREVENTING PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS; (IV)
THE RELATIONSHIP BETWEEN SUBSTANCE USE AND SEXUAL BEHAVIOR  AND  HEALTH;
AND  (V)  THE  USE  OF TECHNOLOGY AND SOCIAL MEDIA IN INTIMATE RELATION-
SHIPS.
  § 2. This act shall take effect immediately.