S T A T E   O F   N E W   Y O R K
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                                  6972

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 15, 2015
                               ___________

Introduced  by M. of A. CUSICK, TITONE, WRIGHT, SIMOTAS, MILLER, LAVINE,
  ABBATE, ARROYO, BRENNAN, CLARK, KATZ, MALLIOTAKIS,  McDONOUGH,  PERRY,
  RA, SALADINO, SCARBOROUGH, THIELE, PAULIN -- read once and referred to
  the Committee on Education

AN  ACT to amend the education law, in relation to requiring the commis-
  sioner of education to make recommendations to the  board  of  regents
  relating  to  the  adoption  of  instruction  on  dating  violence for
  students in grades seven through twelve

  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 "Jessica Tush act".
  S 2.  Section 305 of the education law is  amended  by  adding  a  new
subdivision 53 to read as follows:
  53.  A.  THE  COMMISSIONER  SHALL  MAKE RECOMMENDATIONS TO THE REGENTS
RELATING TO THE ADOPTION OF INSTRUCTION ON DATING VIOLENCE THAT IS  AGE-
APPROPRIATE  INTO THE ANNUAL CURRICULUM FRAMEWORK FOR STUDENTS IN GRADES
SEVEN THROUGH TWELVE AND WHICH SHALL BE INCORPORATED INTO VARIOUS  CLASS
SUBJECTS, INCLUDING HEALTH.
  B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE REGENTS, THE COMMISSION-
ER SHALL:
  (I)  SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL ADMINISTRATORS,
TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE  PROPOSED
CURRICULUM;
  (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
  (III)  CONSIDER  THE AMOUNT OF INSTRUCTIONAL TIME SUCH CURRICULUM WILL
REQUIRE AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED  COURSES
OF STUDY;
  (IV)  CONSIDER  THE  FISCAL  IMPACT,  IF  ANY, ON THE STATE AND SCHOOL
DISTRICTS; AND
  (V) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08690-02-5
              

A. 6972                             2

  C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
REGENTS TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND REGULATIONS
IMPLEMENTING  SUCH  CURRICULUM  OR  TO REJECT THE IMPLEMENTATION OF SUCH
CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSIONER PURSU-
ANT  TO  THIS  SUBDIVISION,  THE  REGENTS SHALL VOTE TO EITHER ACCEPT OR
REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY DAYS  AFTER
RECEIVING SUCH RECOMMENDATION.
  D.  IF  THE  REGENTS ADOPT SUCH CURRICULUM, THE CURRICULUM REQUIREMENT
SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER SUCH  CURRIC-
ULUM HAS BEEN ADOPTED.
  E.  IF  THE  REGENTS  REJECT  SUCH  CURRICULUM, THE COMMISSIONER SHALL
PROVIDE A REPORT AS TO THE DETERMINATION OF THE REGENTS TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY  AND
THE  CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION PROVIDING
THE REASONS FOR SUCH REJECTION NOT LATER  THAN  THIRTY  DAYS  AFTER  THE
REGENTS REJECT SUCH CURRICULUM.
  S 3. This act shall take effect immediately.