Assembly Bill A7496

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7496
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2025
                                ___________
 
 Introduced  by  M.  of A. GONZALEZ-ROJAS, GLICK, PAULIN, DINOWITZ, LUNS-
   FORD, EPSTEIN, STIRPE, CRUZ, COOK,  SIMON,  HYNDMAN,  REYES,  BRONSON,
   ROZIC,  LAVINE,  RAMOS, ROSENTHAL, SEAWRIGHT, LUPARDO, HEVESI, HUNTER,
   MAGNARELLI,  BURKE,  OTIS,  WALKER,   R. CARROLL,   BICHOTTE HERMELYN,
   BURDICK,  CLARK,  JACOBSON, KELLES, MEEKS, FORREST, McMAHON, RAJKUMAR,
   BARRETT, MAMDANI, DE LOS SANTOS,  STECK,  ANDERSON,  GALLAGHER,  RAGA,
   SHIMSKY,  SIMONE,  CUNNINGHAM,  LEVENBERG,  SHRESTHA, SEPTIMO, DAVILA,
   TAPIA, BORES -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing the heal-
   thy and safe students act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "healthy and safe students act".
   § 2. The education law is amended by adding a  new  section  804-e  to
 read as follows:
   §  804-E. HEALTHY AND SAFE STUDENTS. 1. EACH PUBLIC AND CHARTER SCHOOL
 SHALL ENSURE ALL PUPILS RECEIVE, AS AN INTEGRAL  PART  OF  EDUCATION  IN
 GRADES KINDERGARTEN 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)  MODEL  CURRICULA  FOR
 COMPREHENSIVE  SEXUALITY EDUCATION IN GRADES KINDERGARTEN THROUGH TWELVE
 INCLUDING EXEMPLAR LESSON PLANS, INSTRUCTIONAL TOOLS AND MATERIALS,  AND
 BEST  PRACTICE INSTRUCTIONAL RESOURCES THAT ARE SUITABLE TO STUDENT AGE,
 BASED ON COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY AND AT A  MINIMUM
 CONFORMS TO THE CONTENT AND SCOPE OF NATIONAL SEXUALITY EDUCATION STAND-
 ARDS; (II) RESOURCES TO SUPPORT IMPLEMENTATION OF THE INSTRUCTION IN THE
 SCHOOLS;  AND (III) PUBLIC AVAILABILITY OF ALL PROGRAM MATERIALS RELATED
 TO COMPREHENSIVE SEXUALITY EDUCATION ON THE DEPARTMENT'S WEBSITE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11299-02-5
 A. 7496                             2
              

 
   3. IN THE DEVELOPMENT OF SUCH PROGRAM, THE  COMMISSIONERS  SHALL  SEEK
 THE  RECOMMENDATIONS OF A BROAD RANGE OF EXPERTS SUCH AS TEACHERS CERTI-
 FIED IN HEALTH, BIOLOGY, FAMILY AND CONSUMER  SCIENCE,  EARLY  CHILDHOOD
 EDUCATION,  AND CHILDHOOD EDUCATION, CERTIFIED AND LICENSED SOCIAL WORK-
 ERS,  SCHOOL NURSES, SCHOOL ADMINISTRATORS, SCHOOL BOARD MEMBERS, PARENT
 TEACHER ASSOCIATION MEMBERS, OTHERS WITH EDUCATIONAL EXPERTISE IN  INTI-
 MATE  PARTNER  VIOLENCE,  SEXUAL ASSAULT, REPRODUCTIVE AND SEXUAL HEALTH
 CARE, AND SERVING LESBIAN, GAY, BISEXUAL,  TRANSGENDER  AND  QUESTIONING
 YOUTH.  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.
   4. THE COMMISSIONER SHALL PRESCRIBE IN REGULATIONS SUCH  CONTENTS  AND
 TOPICS  TO  BE  INCLUDED  IN  A  CURRICULUM  OF  COMPREHENSIVE SEXUALITY
 INSTRUCTION; 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 CRITERIA ESTABLISHED BY THE COMMISSIONER.
   5. 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 EDUCATION INSTRUCTION NO
 LATER THAN THE SCHOOL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
 NO LATER THAN THE SECOND YEAR AFTER THE EFFECTIVE DATE OF  THIS  SECTION
 AND  AS NECESSARY THEREAFTER, THE COMMISSIONER SHALL CONDUCT A REVIEW OF
 DISTRICT IMPLEMENTATION TO MONITOR COMPLIANCE.
   6. THE BOARDS OF EDUCATION  OR  TRUSTEES  OF  THE  CITIES  AND  SCHOOL
 DISTRICTS  OF  THE  STATE  THAT CHOOSE NOT TO ADOPT THE MODEL CURRICULUM
 APPROVED BY THE BOARD OF REGENTS SHALL EACH ESTABLISH AN ADVISORY  COUN-
 CIL  WHICH SHALL MAKE RECOMMENDATIONS TO THE BOARD OF EDUCATION OR TRUS-
 TEES CONCERNING THE CURRICULUM, CONTENT, AND EVALUATION OF  THE  COMPRE-
 HENSIVE  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, A TEACHER DESIGNATED
 BY A TEACHER'S COLLECTIVE BARGAINING ORGANIZATION, OTHER STAFF, PARENTS,
 STUDENTS, AND OTHER REPRESENTATIVES  OF  THE  COMMUNITY.  THE  BOARD  OF
 EDUCATION  OR  TRUSTEES OF A SCHOOL DISTRICT SHALL DETERMINE THE CURRIC-
 ULUM AND CONTENT OF THE PROGRAM WITHIN THE SCHOOL DISTRICT AND SHALL  BE
 RESPONSIBLE  FOR  THE  EVALUATION OF THE PROGRAM WITHIN THE DISTRICT AND
 ENSURING THE PROGRAM CONFORMS IN CONTENT AND SCOPE TO THE  COMPREHENSIVE
 SEXUALITY EDUCATION PROGRAM ESTABLISHED BY THE COMMISSIONER.
   7.  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
 SELECT LESSONS REGARDING HIV/AIDS PREVENTION;  PROVIDED,  HOWEVER,  THAT
 SUCH PROCESS SHALL REQUIRE WRITTEN NOTICE SIGNED BY THE STUDENT'S PARENT
 OR GUARDIAN FOR EACH SCHOOL YEAR.
   8.  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; PROVIDES STUDENTS WITH  KNOWLEDGE  AND  SKILLS
 THEY  NEED  TO  FORM  RELATIONSHIPS THAT ARE BASED ON MUTUAL RESPECT AND
 AFFECTION AND THAT ARE FREE FROM VIOLENCE, COERCION,  AND  INTIMIDATION;
 A. 7496                             3

 AND ARE RESPECTFUL AND INCLUSIVE OF ALL STUDENTS REGARDLESS OF ACTUAL OR
 PERCEIVED  RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION,
 RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, OR GENDER AS DEFINED
 IN  SECTION  ELEVEN  OF THIS CHAPTER.  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, BOUNDARY-SETTING, BULLYING, AND  PEER  PRESSURE;  (III)
 HEALTHY  RELATIONSHIPS, INCLUDING RELATIONSHIPS INVOLVING DIVERSE SEXUAL
 ORIENTATIONS AND GENDER IDENTITIES AND PREVENTION  OF  INTIMATE  PARTNER
 VIOLENCE,  SEXUAL  VIOLENCE  AND  SEXUAL  HARASSMENT;  (IV)  METHODS FOR
 PREVENTING PREGNANCY AND SEXUALLY TRANSMITTED  INFECTIONS;  (V)  GENDER,
 GENDER  EXPRESSION,  GENDER  IDENTITY, DIVERSITY OF SEX CHARACTERISTICS,
 AND THE HARMS OF  GENDER  STEREOTYPES;  (VI)  THE  RELATIONSHIP  BETWEEN
 SUBSTANCE USE AND SEXUAL BEHAVIOR AND HEALTH; AND (VII) THE USE OF TECH-
 NOLOGY AND SOCIAL MEDIA IN INTERPERSONAL RELATIONSHIPS.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.