S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7835
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by M. of A. FLOOD -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to enacting the New  York
   state curriculum transparency and parental notification act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "the  New  York
 state curriculum transparency and parental notification act".
   §  2.  Title 2 of the education law is amended by adding a new article
 57 to read as follows:
                                 ARTICLE 57
            NEW YORK STATE CURRICULUM TRANSPARENCY AND PARENTAL
                             NOTIFICATION ACT
 
   SECTION 2860. CURRICULUM TRANSPARENCY AND PARENTAL NOTIFICATION.
   § 2860. CURRICULUM TRANSPARENCY AND  PARENTAL  NOTIFICATION.  1.  EACH
 DISTRICT  SCHOOL  BOARD  OF EDUCATION SHALL PUBLISH ON ITS WEBSITE, IN A
 SEARCHABLE FORMAT AS  PRESCRIBED  BY  THE  DEPARTMENT,  A  LIST  OF  ALL
 INSTRUCTIONAL  MATERIALS,  INCLUDING  THOSE  USED TO PROVIDE INSTRUCTION
 PURSUANT TO ARTICLES TWO, SEVENTEEN AND SIXTY-FIVE OF THIS  CHAPTER  AND
 TITLE  8  OF  THE  NEW  YORK CODES, RULES AND REGULATIONS. EACH DISTRICT
 SCHOOL BOARD OF EDUCATION MUST:
   (A) PROVIDE PUBLIC  ACCESS  TO  ALL  EDUCATIONAL  LEARNING  MATERIALS,
 EXCLUDING  TEACHER  EDITIONS  AND  LESSON PLANS, IN ACCORDANCE WITH THIS
 SECTION. THIS PROCESS MUST INCLUDE  REASONABLE  SAFEGUARDS  AGAINST  THE
 UNAUTHORIZED  USE, REPRODUCTION, AND DISTRIBUTION OF INSTRUCTIONAL MATE-
 RIALS CONSIDERED FOR ADOPTION;
   (B) PROVIDE A SEPARATE ITEMIZED LIST FROM THE  GENERAL  SCHOOL  BUDGET
 WHEN  SELECTING,  APPROVING,  ADOPTING,  OR  PURCHASING  ALL EDUCATIONAL
 LEARNING MATERIALS, ALLOW FOR PUBLIC VIEWING OF SUCH ITEMIZED LIST,  AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11806-01-3
 A. 7835                             2
              

 
 PROVIDE  A REASONABLE OPPORTUNITY FOR PUBLIC COMMENT OF THE MATERIALS ON
 SUCH ITEMIZED LIST AT A REASONABLE TIME PRIOR TO THE SCHOOL BUDGET VOTE;
   (C) PROVIDE NOTICE TO PARENTS OF THEIR RIGHTS TO:
   (I) ATTEND SCHOOL BOARD MEETINGS;
   (II) ACCESS ALL EDUCATIONAL LEARNING MATERIALS; AND
   (III) A REASONABLE OPPORTUNITY FOR PUBLIC COMMENT OF ANY SCHOOL EDUCA-
 TIONAL  LEARNING MATERIALS THEY FIND OBJECTIONABLE AT THE NEXT SCHEDULED
 SCHOOL BOARD MEETING, OR UPON A SPECIAL MEETING OF THE SCHOOL BOARD; AND
   (D) ANNUALLY, COMMENCING JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-FIVE,
 SUBMIT TO THE COMMISSIONER A REPORT THAT IDENTIFIES:
   (I)  ALL  MATERIAL  THAT  WAS  REMOVED  OR  DISCONTINUED BECAUSE OF AN
 OBJECTION; AND
   (II) THE GRADE LEVEL AND COURSE FOR WHICH A  REMOVED  OR  DISCONTINUED
 MATERIAL WAS USED, AS APPLICABLE.
   2. THE DEPARTMENT SHALL PUBLISH AND REGULARLY UPDATE A LIST OF MATERI-
 ALS  THAT WERE REMOVED OR DISCONTINUED BECAUSE OF AN OBJECTION AND ANNU-
 ALLY DISSEMINATE THE LIST TO SCHOOL DISTRICTS FOR CONSIDERATION IN THEIR
 SELECTION PROCEDURES.
   § 3. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 60 to read as follows:
   60. (A) NO LATER THAN JULY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE
 COMMISSIONER  SHALL  DEVELOP  AND MAKE AVAILABLE TO EACH SCHOOL BOARD OF
 EDUCATION MODEL POLICIES  FOR  ENSURING  PARENTAL  NOTIFICATION  OF  ANY
 INSTRUCTIONAL MATERIAL THAT INCLUDES EXPLICIT CONTENT AND INCLUDE INFOR-
 MATION, GUIDANCE, PROCEDURES, AND STANDARDS RELATING TO:
   (I) ENSURING PARENTAL NOTIFICATION;
   (II)  DIRECTLY  IDENTIFYING  THE  SPECIFIC  INSTRUCTIONAL MATERIAL AND
 EXPLICIT SUBJECTS; AND
   (III) PERMITTING THE PARENT OF ANY  STUDENT  TO  REVIEW  INSTRUCTIONAL
 MATERIAL  THAT INCLUDES EXPLICIT CONTENT AND PROVIDE, AS AN ALTERNATIVE,
 NONEXPLICIT INSTRUCTIONAL MATERIAL AND RELATED  ACADEMIC  ACTIVITIES  TO
 ANY STUDENT WHOSE PARENT SO REQUESTS.
   (B)  MODEL POLICIES DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE UPDATED ANNUALLY AND MADE AVAILABLE TO EACH SCHOOL BOARD
 OF EDUCATION.
   (C) EACH SCHOOL BOARD SHALL ADOPT POLICIES THAT  ARE  CONSISTENT  WITH
 BUT  MAY  BE MORE COMPREHENSIVE THAN THE MODEL POLICIES DEVELOPED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION NO LATER THAN JANUARY  FIRST,  TWO
 THOUSAND TWENTY-FIVE.
   (D)  AS  USED IN THIS SUBDIVISION, "EXPLICIT CONTENT" MEANS ANY EDUCA-
 TIONAL INSTRUCTION THAT INCORPORATES BUT IS NOT LIMITED TO DRUGS,  ALCO-
 HOL,  SEXUALLY  TRANSMITTED  INFECTIONS,  AND  ALL  OTHER RELATED SEXUAL
 HEALTH EDUCATION TOPICS.
   § 4. The provisions of this act shall not be  construed  as  requiring
 the  censoring  of  books  or  any  other educational material in public
 elementary and secondary schools.
   § 5. This act shall take effect immediately.