S T A T E O F N E W Y O R K
________________________________________________________________________
6412
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to mandating education in
consent in schools with a sex education curriculum
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 817 to
read as follows:
§ 817. CONSENT EDUCATION. 1. THE COMMISSIONER SHALL CREATE AND ESTAB-
LISH A COMPREHENSIVE, AGE-APPROPRIATE SEXUAL CONSENT EDUCATION CURRIC-
ULUM WHICH SHALL BE TAUGHT IN GRADES SIX THROUGH TWELVE IN ALL PUBLIC
AND CHARTER SCHOOLS THAT CURRENTLY TEACH A SEX EDUCATION CURRICULUM.
SUCH CONSENT EDUCATION CURRICULUM SHALL INCLUDE THAT A PERSON:
(A) CONSENTS TO SEXUAL ACTIVITY BY PROVIDING A FREELY GIVEN AGREEMENT
TO SUCH ACTIVITY;
(B) WHO CONSENTS TO ONE PARTICULAR SEXUAL ACTIVITY DOES NOT PROVIDE
CONSENT TO OTHER TYPES OF SEXUAL ACTIVITIES;
(C) DOES NOT PROVIDE CONSENT BY FAILING TO EXPRESS VERBAL OR PHYSICAL
RESISTANCE TO SEXUAL ADVANCES;
(D) DOES NOT CONSENT TO SEXUAL ACTIVITY BY DRESSING IN ANY MANNER;
(E) WHO HAS CONSENTED TO PAST SEXUAL ACTIVITY HAS NOT PROVIDED CONSENT
TO FUTURE SEXUAL ACTIVITY;
(F) CAN WITHDRAW CONSENT AT ANY TIME; AND
(G) CANNOT CONSENT TO SEXUAL ACTIVITY IF THAT PERSON IS UNABLE TO
UNDERSTAND THE NATURE OF THE ACTIVITY OR GIVE KNOWING CONSENT DUE TO
CERTAIN CIRCUMSTANCES THAT INCLUDE, BUT ARE NOT LIMITED TO: (I) THE
PERSON IS INCAPACITATED DUE TO THE USE OR INFLUENCE OF ALCOHOL OR DRUGS,
(II) THE PERSON IS ASLEEP OR UNCONSCIOUS, (III) THE PERSON IS A MINOR,
OR (IV) THE PERSON IS INCAPACITATED DUE TO A MENTAL DISABILITY.
2. THE EDUCATION CURRICULUM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION SHALL BE MADE AVAILABLE TO ALL PUBLIC AND CHARTER SCHOOLS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10257-01-1
A. 6412 2
THAT CURRENTLY TEACH A SEX EDUCATION CURRICULUM WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION, AND EACH SCHOOL SHALL DEVELOP A PLAN TO
INCORPORATE SUCH CURRICULUM WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THIS SECTION.
§ 2. This act shall take effect immediately.