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.