S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10517
 
                           I N  A S S E M B L Y
 
                                May 4, 2018
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred 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. HEALTH EDUCATION REGARDING SEXUALITY. 1.  ALL  SCHOOLS  SHALL
 INCLUDE, AS AN INTEGRAL PART OF HEALTH EDUCATION, COMPREHENSIVE SEXUALI-
 TY  EDUCATION  THAT  IS  AGE  AND DEVELOPMENTALLY APPROPRIATE, MEDICALLY
 ACCURATE, AND RESPECTFUL OF ALL PUPILS REGARDLESS OF RACE, COLOR,  RELI-
 GION,  RELIGIOUS  PRACTICE,  NATIONAL ORIGIN, ETHNIC GROUP, SEX, GENDER,
 DISABILITY, LANGUAGE, SEXUAL ORIENTATION, OR GENDER IDENTITY.
   2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
 SHALL  DEVELOP AND ESTABLISH A PROGRAM OF COMPREHENSIVE, MEDICALLY ACCU-
 RATE SEXUALITY INSTRUCTION THAT ADDRESSES AGE AND DEVELOPMENTALLY APPRO-
 PRIATE PHYSICAL, MENTAL, EMOTIONAL AND SOCIAL DIMENSIONS OF HUMAN  SEXU-
 ALITY  AND,  AT A MINIMUM, REFLECTS THE NATIONAL STANDARDS FOR SEXUALITY
 EDUCATION AND RESPECTS ALL PUPILS REGARDLESS OF RACE,  COLOR,  RELIGION,
 RELIGIOUS PRACTICE, NATIONAL ORIGIN, ETHNIC GROUP, SEX, GENDER, DISABIL-
 ITY,  LANGUAGE, SEXUAL ORIENTATION, OR GENDER IDENTITY.  SUCH PROGRAM OF
 INSTRUCTION SHALL INCLUDE: (I) LEARNING STANDARDS FOR  SEXUALITY  EDUCA-
 TION  IN  GRADES  KINDERGARTEN  THROUGH TWELVE; (II) MODEL CURRICULA FOR
 SEXUALITY EDUCATION IN  GRADES  KINDERGARTEN  THROUGH  TWELVE  INCLUDING
 EXEMPLAR LESSON PLANS, INSTRUCTIONAL TOOLS AND MATERIALS, AND BEST PRAC-
 TICE  INSTRUCTIONAL RESOURCES THAT ARE SUITABLE TO STUDENT AGE, BASED ON
 COGNITIVE, EMOTIONAL, AND  BEHAVIORAL  CAPACITY;  (III)  GUIDELINES  AND
 PROFESSIONAL   TRAINING  AND  DEVELOPMENT  NECESSARY  TO  IMPLEMENT  THE
 INSTRUCTION IN THE SCHOOLS; (IV) PUBLIC AVAILABILITY  OF  ALL  MATERIALS
 RELATED  TO  SEXUALITY  EDUCATION ON THE DEPARTMENT'S WEBSITE; AND (V) A
 SYSTEM TO TRACK AND EVALUATE SUCH SEXUALITY EDUCATION. SUCH  PROGRAM  OF
 SEXUALITY  INSTRUCTION  SHALL  BE  REVIEWED  PERIODICALLY,  AT INTERVALS
 DEEMED APPROPRIATE BY THE COMMISSIONER, AND UPDATED AS NECESSARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14853-03-8

 A. 10517                            2
 
   3. THE COMMISSIONER MAY PRESCRIBE IN REGULATIONS SUCH CONTENTS, TOPICS
 AND COURSES TO BE INCLUDED IN A CURRICULUM OF  COMPREHENSIVE,  MEDICALLY
 ACCURATE SEXUALITY 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 CONTENTS, TOPICS AND
 COURSES NEED NOT BE UNIFORM THROUGHOUT THE STATE; AND PROVIDED  FURTHER,
 HOWEVER,  THAT  SCHOOL  DISTRICTS  SHALL UTILIZE EITHER A CURRICULUM FOR
 HEALTH EDUCATION  INSTRUCTION  REGARDING  SEXUALITY  PRESCRIBED  BY  THE
 COMMISSIONER OR A COURSE APPROVED BY THE COMMISSIONER IN ACCORDANCE WITH
 CRITERIA ESTABLISHED BY THE COMMISSIONER.
   4. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS
 ABOUT  A  PROGRAM  ON  SEXUALITY EDUCATION, RELEVANT LEARNING STANDARDS,
 MODEL CURRICULA AND CURRICULUM RESOURCES,  GUIDELINES  AND  PROFESSIONAL
 DEVELOPMENT BY DECEMBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
 SECTION. UPON APPROVAL AND ADOPTION BY THE BOARD OF REGENTS, THE DEPART-
 MENT  SHALL  ISSUE GUIDANCE TO THE SCHOOL DISTRICTS ABOUT THE PROGRAM ON
 SEXUALITY INSTRUCTION AND PUBLISH ON ITS  WEBSITE  MODEL  CURRICULA  AND
 INSTRUCTIONAL RESOURCES REQUIRED BY THIS SECTION. SCHOOL DISTRICTS SHALL
 PROVIDE  INSTRUCTION  ABOUT  SEXUALITY IN HEALTH EDUCATION NO LATER THAN
 THE NEXT SCHOOL YEAR AFTER COMPONENTS OF THE SEXUALITY PROGRAM HAVE BEEN
 APPROVED AND PUBLISHED. THE  COMMISSIONER  SHALL  REVIEW  THE  SEXUALITY
 INSTRUCTION  PROGRAM  PERIODICALLY AS THE COMMISSIONER DETERMINES NECES-
 SARY TO UPDATE  THE  DATA,  INFORMATION  AND  GUIDANCE  ABOUT  SEXUALITY
 INSTRUCTION IN THE SCHOOLS.
   5.  ALL  PRE-SERVICE TRAINING PROGRAMS IN THE STATE FOR TEACHERS SHALL
 INCLUDE ADEQUATE PREPARATION REGARDING THE INSTRUCTION IN SEXUALITY  SET
 FORTH  HEREIN, AND NO TEACHER SHALL BE LICENSED EXCEPT UPON SATISFACTORY
 DEMONSTRATION  OF  THE  COMPETENCIES  INCLUDED  IN   THE   INSTITUTIONAL
 PROPOSALS APPROVED BY THE DEPARTMENT.
   6.  THE  BOARDS  OF  EDUCATION  AND TRUSTEES OF THE SEVERAL 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  SEXUALITY
 EDUCATION  REQUIREMENT  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, PARENTS,
 STUDENTS AND OTHER REPRESENTATIVES OF THE COMMUNITY. THE BOARD OF EDUCA-
 TION OR TRUSTEES OF A SCHOOL DISTRICT SHALL  DETERMINE  THE  CURRICULUM,
 CONTENT  AND EVALUATION AND APPROVE THE IMPLEMENTATION OF THE CURRICULUM
 WITHIN SUCH SCHOOL DISTRICT AND SHALL BE RESPONSIBLE FOR THE  EVALUATION
 OF THE COMPREHENSIVE SEXUALITY INSTRUCTION WITHIN THE SCHOOL DISTRICT.
   7.  THE  BOARD  OF  EDUCATION  AND  TRUSTEES OF THE SEVERAL CITIES AND
 SCHOOL DISTRICTS OF THE STATE SHALL  ESTABLISH  A  PROCESS  BY  WHICH  A
 STUDENT  OR PARENT OR GUARDIAN OF A STUDENT MAY ELECT NOT TO PARTICIPATE
 IN SEXUALITY  EDUCATION;  PROVIDED,  HOWEVER  THAT  SUCH  PROCESS  SHALL
 REQUIRE  WRITTEN NOTICE SIGNED BY THE STUDENT OR THE STUDENT'S PARENT OR
 GUARDIAN FOR EACH SCHOOL YEAR IN WHICH THE STUDENT IS REQUIRED  TO  TAKE
 SEXUALITY  EDUCATION  AND  WHICH  SHALL  BE  MAINTAINED IN THE STUDENT'S
 RECORD.
   § 2. This act shall take effect immediately.