The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2584
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, 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.
                                                            LBD06644-01-1

 S. 2584                             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. 2584                             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.