S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1070
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. RIVERA, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   age-appropriate  sex education grant program, to be referred to as the
   healthy teens 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 teens act".
   § 2. The public health law is amended by adding a new article 14-A  to
 read as follows:
                                ARTICLE 14-A
                AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
 SECTION 1450. DEFINITIONS.
         1451. ESTABLISHMENT   OF  AGE-APPROPRIATE  SEX  EDUCATION  GRANT
                 PROGRAM; GENERAL COMPONENTS.
         1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS.
         1453. APPLICATION  FOR  GRANTS;  AGE-APPROPRIATE  SEX  EDUCATION
                 GRANT PROGRAM PLAN.
         1454. MAINTENANCE OF EFFORT.
         1455. ANNUAL REPORTS BY GRANT RECIPIENTS.
         1456. NOTIFICATION TO POTENTIAL APPLICANTS.
         1457. REGULATIONS.
   §  1450.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ELIGIBLE APPLICANT" MEANS (A) A  PUBLIC  SCHOOL  DISTRICT,  (B)  A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, (C) A SCHOOL-BASED HEALTH
 CENTER, (D) A COMMUNITY BASED ORGANIZATION WHICH  MAY  BE  A  FOR-PROFIT
 CORPORATION  OR ENTITY OR NOT-FOR-PROFIT CORPORATION OR ORGANIZATION, OR
 (E) A CONSORTIUM OR PARTNERSHIP FORMED BY A PUBLIC  SCHOOL  DISTRICT,  A
 BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES AND/OR A SCHOOL-BASED HEALTH

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

                                                            LBD00947-01-7

 S. 1070                             2
 
 CENTER AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES FOR
 THE AWARD OF AN AGE-APPROPRIATE SEX EDUCATION GRANT BY THE  COMMISSIONER
 UNDER THIS ARTICLE.
   2.  "GRANT  PROGRAM PLAN" MEANS THE PLAN SUBMITTED TO THE COMMISSIONER
 BY AN ELIGIBLE APPLICANT UNDER SECTION  FOURTEEN  HUNDRED  FIFTY-ONE  OF
 THIS ARTICLE.
   3.  "STATE INCOME STANDARD" MEANS THE MOST RECENT FEDERAL INCOME OFFI-
 CIAL POVERTY LINE AS DEFINED ANNUALLY AND REVISED BY THE FEDERAL  OFFICE
 OF MANAGEMENT AND BUDGET ADJUSTED FOR FAMILY SIZE.
   4. "AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM" MEANS A COMPREHENSIVE
 AGE-APPROPRIATE SEX EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT
 UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   5.  "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED  UNDER
 ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  WHICH  PROVIDES  PRIMARY CARE
 SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING.
   § 1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT  PROGRAM;
 GENERAL COMPONENTS. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT
 AN  AGE-APPROPRIATE  SEX  EDUCATION  GRANT PROGRAM. THE PROGRAM SHALL BE
 FORMULATED BY THE COMMISSIONER AFTER CONSULTATION WITH THE  COMMISSIONER
 OF  EDUCATION.  THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO
 ELIGIBLE APPLICANTS  TO  SUPPORT  AGE-APPROPRIATE  SEX  EDUCATION  GRANT
 PROGRAMS FOR YOUNG PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION
 IN THE COMPONENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL
 GRANT  UNDER  SUBDIVISION THREE OF THIS SECTION, SUCH AN APPLICANT SHALL
 SUBMIT WITH ITS APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE
 OFFERED IN ITS AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE COMMIS-
 SIONER SHALL DETERMINE CERTAIN TOPICS OF INSTRUCTION TO BE OPTIONAL  FOR
 AGE-APPROPRIATE  REASONS  AS  SHALL  BE SPECIFIED BY THE COMMISSIONER IN
 APPLICATION INSTRUCTIONS  MADE  AVAILABLE  BY  THE  DEPARTMENT  FOR  THE
 PURPOSES  OF  IMPLEMENTING THIS ARTICLE.  IT IS NOT NECESSARY TO PROVIDE
 EQUAL EMPHASIS ON EACH COMPONENT OF INSTRUCTION, HOWEVER A  PROJECT  MAY
 NOT  BE  INCONSISTENT  WITH  ANY  OF THE COMPONENTS.   THE COMPONENTS OF
 INSTRUCTION SHALL INCLUDE WHETHER SUCH INSTRUCTION:
   (A) IS AGE-APPROPRIATE AND MEDICALLY-ACCURATE;
   (B) DOES NOT TEACH OR PROMOTE RELIGION, PROVIDED THAT  THIS  PARAGRAPH
 SHALL  NOT  PRECLUDE  DISCUSSION  OF  MORAL,  ETHICAL OR RELIGIOUS VIEWS
 RELATED TO SEX OR SEXUAL RELATIONSHIPS;
   (C) TEACHES THAT ABSTINENCE IS THE ONLY SURE WAY TO AVOID PREGNANCY OR
 SEXUALLY TRANSMITTED DISEASES;
   (D) STRESSES THE VALUE OF ABSTINENCE WHILE NOT IGNORING THOSE  ADOLES-
 CENTS WHO HAVE HAD OR WHO ARE HAVING SEXUAL INTERCOURSE;
   (E) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
 ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO PREVENT PREGNANCY;
   (F) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
 ALL  CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO REDUCE THE RISK OF
 CONTRACTING SEXUALLY TRANSMITTED DISEASES, HIV/AIDS AND OTHER DISEASES;
   (G) PROVIDES INFORMATION ABOUT THE VACCINE FOR HUMAN PAPILLOMA  VIRUS,
 WHICH MAY PREVENT CERVICAL CANCER, GENITAL WARTS, INFERTILITY, AND OTHER
 REPRODUCTIVE  HEALTH PROBLEMS, WHEN ADMINISTERED PRIOR TO BECOMING SEXU-
 ALLY ACTIVE;
   (H) ENCOURAGES FAMILY COMMUNICATION  ABOUT  SEXUALITY  AMONG  PARENTS,
 OTHER ADULT HOUSEHOLD MEMBERS AND CHILDREN;

 S. 1070                             3
 
   (I)  TEACHES  SKILLS  TO  MAKE  RESPONSIBLE DECISIONS ABOUT SEXUALITY,
 INCLUDING HOW TO AVOID UNWANTED VERBAL, PHYSICAL  AND  SEXUAL  ADVANCES,
 AND HOW NOT TO MAKE UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES;
   (J)  TEACHES  HOW ALCOHOL AND DRUG USE CAN AFFECT RESPONSIBLE DECISION
 MAKING;
   (K) HELPS YOUNG PEOPLE TO GAIN KNOWLEDGE ABOUT THE  PHYSICAL,  BIOLOG-
 ICAL  AND HORMONAL CHANGES OF ADOLESCENCE AND SUBSEQUENT STAGES OF HUMAN
 MATURATION;
   (L) DEVELOPS THE KNOWLEDGE AND SKILLS NECESSARY TO ENSURE AND  PROTECT
 YOUNG PEOPLE WITH RESPECT TO THEIR SEXUAL AND REPRODUCTIVE HEALTH;
   (M)  ASSISTS  YOUNG  PEOPLE  IN  GAINING  KNOWLEDGE ABOUT THE SPECIFIC
 INVOLVEMENT OF, AND RESPONSIBILITY OF BOTH MALES AND FEMALES  IN  SEXUAL
 DECISION MAKING;
   (N) DEVELOPS HEALTHY ATTITUDES AND VALUES CONCERNING GROWTH AND DEVEL-
 OPMENT, BODY IMAGE, GENDER ROLES, SEXUAL ORIENTATION AND OTHER SUBJECTS;
   (O)  ENCOURAGES YOUNG PEOPLE TO PRACTICE HEALTHY LIFE SKILLS INCLUDING
 GOAL SETTING, DECISION MAKING, NEGOTIATION, AND COMMUNICATION AND STRESS
 MANAGEMENT;
   (P) PROMOTES SELF-ESTEEM AND POSITIVE INTERPERSONAL SKILLS FOCUSING ON
 RELATIONSHIP SKILLS, INCLUDING PLATONIC, ROMANTIC, INTIMATE  AND  FAMILY
 RELATIONSHIPS AND INTERACTION AND HOW TO AVOID RELATIONSHIP ABUSE; AND
   (Q)  IS  BASED  ON THEORETICAL PROJECTS THAT HAVE BEEN DEMONSTRATED TO
 INFLUENCE HEALTH BEHAVIOR.
   IT IS NOT NECESSARY FOR THE GRANTEE  TO  ADDRESS  EVERY  COMPONENT  OF
 INSTRUCTION,  HOWEVER,  PARAGRAPHS  (A)  AND (B) OF THIS SUBDIVISION ARE
 REQUIRED OF ALL APPLICANT PROGRAMS. NO PROGRAM MAY  INCLUDE  INFORMATION
 OR MESSAGES THAT CONTRADICT ANY OF THE COMPONENTS.
   3.  ANY  ELIGIBLE  APPLICANT  MAY  APPLY FOR, AND UPON APPROVAL OF THE
 APPLICATION BY THE COMMISSIONER, SHALL BE AWARDED AN ANNUAL  SEX  EDUCA-
 TION  GRANT PROVIDED IT DEMONSTRATES IN THE GRANT PROGRAM PLAN SUBMITTED
 TO THE COMMISSIONER THAT:
   (A) IT IS CAPABLE OF PROVIDING YOUNG PERSONS  WITH  AN  EFFECTIVE  SEX
 EDUCATION  PROGRAM  THAT  SHALL  BE  MEANINGFUL,  SUBSTANTIALLY  INVOLVE
 PARENTS AND OTHER ADULTS AS  FEASIBLE  AND  APPROPRIATE,  AND  SHALL  BE
 CONDUCTED IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS UNDER THIS
 ARTICLE;
   (B) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT IT HAS A
 PROVEN  RECORD  AND  EXPERIENCE  IN CONDUCTING MEANINGFUL AND SUCCESSFUL
 AGE-APPROPRIATE SEX EDUCATION PROGRAMS FOR AT LEAST FIVE YEARS PRIOR  TO
 THE  CALENDAR  YEAR IN WHICH APPLICATION FOR THE GRANT IS MADE, AND THAT
 IT IS CAPABLE OF PROVIDING AN AGE-APPROPRIATE SEX EDUCATION PROGRAM TO A
 BROAD BASED SEGMENT OF THE YOUTH POPULATION WITH  SPECIFIC  EMPHASIS  ON
 TARGETED AT-RISK YOUTHS IN SUCH ORGANIZATION'S SERVICE AREA. THE COMMIS-
 SIONER MAY SEEK AND HE OR SHE SHALL RECEIVE ANY PERTINENT INFORMATION OR
 REQUEST AND RECEIVE RECOMMENDATIONS AS TO SUCH COMMUNITY BASED ORGANIZA-
 TION'S  INTERACTIONS  OR  PRIOR  DEALINGS  WITH ANY OTHER STATE OR LOCAL
 GOVERNMENTAL ENTITY, INCLUDING, BUT NOT LIMITED TO,  ANY  PUBLIC  SCHOOL
 DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES IN MAKING THE
 DETERMINATION REQUIRED BY THIS PARAGRAPH.
   4. ALL MONIES PROVIDED IN GRANTS UNDER THIS ARTICLE SHALL BE IN  ADDI-
 TION  TO,  AND  NOT IN LIEU OF, ANY MONEYS HISTORICALLY APPROPRIATED FOR
 THE SAME OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET  OR  REDUCE
 MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS.
   §  1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 1. WITHIN
 AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER SHALL BE  AUTHORIZED  TO

 S. 1070                             4
 
 GRANT  AWARDS  FOR THE SUPPORT OF APPROVED AGE-APPROPRIATE SEX EDUCATION
 GRANT PROGRAMS.
   2.  GRANTS  TO SUPPORT AN APPROVED AGE-APPROPRIATE SEX EDUCATION GRANT
 PROGRAM SHALL BE AWARDED ON  A  COMPETITIVE  BASIS  IN  ACCORDANCE  WITH
 CRITERIA ESTABLISHED BY THE COMMISSIONER.
   3.  THE  DEPARTMENT  SHALL,  FROM  WITHIN  AMOUNTS APPROPRIATED TO THE
 DEPARTMENT, UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND  PRELIMI-
 NARILY  PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE AGE-APPROPRIATE SEX
 EDUCATION GRANT PROGRAM AUTHORIZED BY THIS ARTICLE FOR THE STATE  FISCAL
 YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
   4.  NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY APPRO-
 PRIATION IN ANY SINGLE FISCAL YEAR FOR THE AGE-APPROPRIATE SEX EDUCATION
 GRANT PROGRAM SHALL BE ANNUALLY RETAINED BY  THE  COMMISSIONER  FOR  THE
 ADMINISTRATIVE PURPOSES OF THE DEPARTMENT.
   5.  OF  THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE SEX EDUCA-
 TION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS MADE BY SUCH
 APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE YEARS FOLLOWING
 THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE  FOR  PAYMENT
 TO  A  NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION WITH EXPERIENCE
 IN ANALYZING THE EFFICACY AND BENEFITS OF SEX EDUCATION  GRANT  PROGRAMS
 FOR  PURPOSES  OF ENABLING SUCH ORGANIZATION TO EVALUATE THE TOTALITY OF
 THE GRANT PROGRAM AND GRANTS AWARDED IN  THE  TWO  YEARS  FOLLOWING  THE
 EFFECTIVE  DATE  OF THIS ARTICLE.  SIMILARLY, NOT MORE THAN FOUR PERCENT
 OF ANY FUNDS FOR THE STATE FISCAL YEAR COMMENCING FOUR  YEARS  FOLLOWING
 THE  EFFECTIVE  DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT
 TO THE SAME ORGANIZATION WHICH WAS AWARDED THE INITIAL  CONTRACT  TO  SO
 ANALYZE  THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM FOR THE PURPOSE
 OF PROVIDING NECESSARY FUNDS TO THEM TO ANALYZE THE AGE-APPROPRIATE  SEX
 EDUCATION GRANT PROGRAM FROM ITS INCEPTION THROUGH AND INCLUDING ALL THE
 GRANT  YEAR  PERIODS  AUTHORIZED UNDER THIS ARTICLE.  THE CONTRACT TO BE
 AWARDED TO SUCH ORGANIZATION SHALL BE  LET  ONLY  AFTER  A  REQUEST  FOR
 PROPOSAL HAS BEEN ISSUED BY THE DEPARTMENT IN THE MANNER PROVIDED FOR BY
 LAW,  AND  THE  AWARD  OF  SUCH CONTRACT SHALL BE SUBJECT TO COMPETITIVE
 BIDDING REQUIREMENTS AS ALSO REQUIRED BY  LAW.    THE  DEPARTMENT  SHALL
 INCLUDE  WITHIN THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF EVALUATION
 TO BE EMPLOYED BY THE ORGANIZATION TO BE AWARDED THE  BID.  THE  REQUEST
 FOR PROPOSAL SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDI-
 TIONAL  EVALUATIVE  CRITERIA  THAT  MAY  BE UTILIZED BY THE ORGANIZATION
 AWARDED THE BID IF  APPROVED  BY  THE  DEPARTMENT.  NOTWITHSTANDING  ANY
 INCONSISTENT  PROVISION  OF  THIS  SUBDIVISION, THE REQUEST FOR PROPOSAL
 SHALL INCLUDE A PROVISION AUTHORIZING THE COMMISSIONER TO TERMINATE  THE
 AWARDED CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF
 THE  SECOND  EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE GRANT PERIOD
 AUTHORIZED UNDER THIS ARTICLE IF THE COMMISSIONER IS NOT SATISFIED  WITH
 THE  QUALITY  OF  EFFORT DEMONSTRATED BY SUCH BIDDER IN THE FIRST EVALU-
 ATION OF THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR  REQUEST  FOR
 PROPOSAL  PROCEDURE  SHALL  BE  UTILIZED  FOR  THE PURPOSE OF MAKING THE
 SECOND EVALUATION.
   6. BEGINNING WITH THE SCHOOL YEAR IN  JULY  TWO  YEARS  FOLLOWING  THE
 EFFECTIVE  DATE  OF  THIS ARTICLE AND EVERY SCHOOL YEAR THEREAFTER, FROM
 ANY ANNUAL APPROPRIATIONS AND/OR  REAPPROPRIATIONS  MADE  THEREFOR,  THE
 COMMISSIONER SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRIATED
 (MINUS  ANY  AMOUNTS  NECESSARY  TO  PAY ADJUSTMENT EXPENSES PURSUANT TO
 SUBDIVISIONS THREE, FOUR AND FIVE OF THIS SECTION) FOR  THE  PURPOSE  OF
 AWARDING  GRANTS  FOR  SEX EDUCATION GRANT PROGRAM PLANS APPROVED BY THE
 COMMISSIONER PURSUANT TO SECTION FOURTEEN HUNDRED  FIFTY-THREE  OF  THIS

 S. 1070                             5

 ARTICLE  TO  BE  CONDUCTED  BY  PUBLIC SCHOOL DISTRICTS AND/OR BOARDS OF
 COOPERATIVE EDUCATIONAL SERVICES  INCLUDING  THOSE  PROGRAMS  WHICH  ARE
 GOING  TO  BE  CONDUCTED  IN  ACCORDANCE WITH A PROGRAM PLAN PURSUANT TO
 CONSORTIUMS  OR  PARTNERSHIPS  FORMED BY A PUBLIC SCHOOL DISTRICT AND/OR
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  A  SCHOOL-BASED  HEALTH
 CENTER  OR ONE OR MORE COMMUNITY BASED ORGANIZATIONS. PRIORITY, SUBSTAN-
 TIAL CONSIDERATION AND WEIGHT SHALL BE ACCORDED BY THE  COMMISSIONER  IN
 THE  AWARDING  OF GRANTS TO SUCH CONSORTIUMS OR PARTNERSHIPS. SIMILARLY,
 THE COMMISSIONER SHALL SET ASIDE TWENTY PER CENTUM OF ANY  APPROPRIATION
 FOR  THE  PURPOSE  OF  AWARDING GRANTS FOR AGE-APPROPRIATE SEX EDUCATION
 GRANT PROGRAM PLANS APPROVED BY THE COMMISSIONER FOR ELIGIBLE APPLICANTS
 WHO ARE COMMUNITY BASED ORGANIZATIONS  OR  SCHOOL-BASED  HEALTH  CENTERS
 WHICH  ARE  NOT CONDUCTING SUCH PROGRAM AS PART OF A CONSORTIUM OR PART-
 NERSHIP.
   7. IN MAKING GRANTS UNDER THIS ARTICLE, THE  COMMISSIONER  SHALL  ALSO
 GIVE  SPECIAL  CONSIDERATION  AND  WEIGHT TO: (A) THE NUMBER OF REPORTED
 ADOLESCENT PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE  PREVI-
 OUS  TEN  YEARS  AND  THE  NUMBER OF ADOLESCENT PARENTS, INCLUDING WHERE
 FEASIBLE, THE NUMBER OF SINGLE PARENTS, WHO  CURRENTLY  RESIDE  IN  SUCH
 AREA,  (B)  THE  NUMBER  OF REPORTED OCCURRENCES OF SEXUALLY TRANSMITTED
 DISEASES AND HIV/AIDS AMONG RESIDENTS OF THE AREA  TO  BE  SERVED,  WITH
 PARTICULAR  EMPHASIS  ON HIV/AIDS, (C) THE NUMBER OF PERSONS RESIDING IN
 THE AREA TO BE SERVED WHOSE ANNUAL PERSONAL  INCOME  IS  LESS  THAN  ONE
 HUNDRED  FIFTY  PERCENT  OF THE ESTABLISHED STATE INCOME STANDARD OR WHO
 PARTICIPATE IN THE FREE AND REDUCED PRICE LUNCH PROGRAM  AS  DEFINED  IN
 SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW,
 AND ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES  THAT
 THE  AREA  TO  BE SERVED IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (D)
 THE HIGH SCHOOL DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION
 DEPARTMENT, AND (E) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH
 INDICATES THAT THE AREA TO BE SERVED IS IN NEED  OF  AN  AGE-APPROPRIATE
 SEX EDUCATION PROGRAM.
   §  1453.  APPLICATION  FOR GRANTS; AGE-APPROPRIATE SEX EDUCATION GRANT
 PROGRAM PLAN. 1. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION  PROCE-
 DURE BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS
 ARTICLE,  AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE CRITE-
 RIA CONSISTENT WITH THIS ARTICLE BY WHICH THE COMMISSIONER SHALL  DETER-
 MINE THE ELIGIBILITY OF AN APPLICANT.
   2.  THE  ELIGIBLE  APPLICANT SHALL SUBMIT WITH ITS AGE-APPROPRIATE SEX
 EDUCATION GRANT APPLICATION ITS GRANT PROGRAM PLAN TO THE  COMMISSIONER,
 WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED AGE-APPROPRI-
 ATE SEX EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO:
   (A)  THE  MANNER IN WHICH PARENTS AND OTHER ADULTS WILL BE INCLUDED IN
 THE PROGRAM;
   (B) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI-
 CANT'S PROGRAM, INCLUDING THE INSTRUCTIONAL MATERIALS, BOOKS, VIDEOS  OR
 OTHER  INSTRUCTIONAL  TOOLS  TO  BE  USED AND THE TRAINING WHICH WILL BE
 PROVIDED TO TEACHERS, PERSONNEL AND  VOLUNTEERS  WHO  WILL  CONDUCT  THE
 PROGRAM.  SUCH  CURRICULUM  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A
 COMPREHENSIVE BLOCK OF INSTRUCTION THAT STRESSES ABSTINENCE AS THE  MOST
 EFFECTIVE  AND APPROPRIATE PROTECTION AGAINST HIV/AIDS AND PREGNANCY AND
 WHICH CONTAINS WRITTEN AND ORAL INSTRUCTION ON THE PREVENTION OF SEXUAL-
 LY TRANSMITTED DISEASES. THE OTHER CORE ELEMENTS SHALL SATISFY A SIGNIF-
 ICANT NUMBER OF, OR PREFERABLY ALL OF, THE COMPONENTS OF  AN  AGE-APPRO-
 PRIATE  SEX  EDUCATION  GRANT PROGRAM AS ESTABLISHED IN SECTION FOURTEEN
 HUNDRED FIFTY-ONE OF THIS ARTICLE;

 S. 1070                             6
 
   (C) ANY SPECIAL, OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA-
 TION METHODS TO BE UTILIZED;
   (D)  THE  NUMBER  AND  TYPES  OF  TEACHING  OR  OTHER  PERSONNEL TO BE
 EMPLOYED, OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL  OR
 ACADEMIC CREDENTIALS;
   (E)  THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE OFFERED
 AND A DESCRIPTION OF THE CATEGORIES AND AGE GROUPINGS OF AT-RISK ADOLES-
 CENTS INCLUDED IN SUCH PROGRAM, ALONG WITH AN ESTIMATE OF THE NUMBER  OF
 ADOLESCENTS  WHO  THE  APPLICANT  ESTIMATES  WILL  PARTICIPATE  IN  SUCH
 PROGRAM;
   (F) A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS  OF
 COURSE LENGTH AND IN TERMS OF BOTH SHORT TERM AND LONG-RANGE GOALS;
   (G)  THE  NEED  FOR SUCH PROGRAM IN THE PROPOSED AREA TO BE SERVED. IN
 DETERMINING SUCH NEED THE COMMISSIONER SHALL SPECIFICALLY  CONSIDER  THE
 FOLLOWING FACTORS AND GIVE SPECIAL ATTENTION TO PROGRAMS SERVICING AREAS
 WHICH HAVE A HIGHER THAN AVERAGE INCIDENCE IN ONE OR MORE OF THE FOLLOW-
 ING  ENUMERATED  LIFE EXPERIENCES: (I) THE NUMBER OF REPORTED ADOLESCENT
 PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVIOUS TEN YEARS
 AND THE NUMBER OF ADOLESCENT  PARENTS,  INCLUDING  WHERE  FEASIBLE,  THE
 NUMBER  OF  SINGLE  PARENTS, WHO CURRENTLY RESIDE IN SUCH AREA, (II) THE
 NUMBER OF REPORTED OCCURRENCES  OF  SEXUALLY  TRANSMITTED  DISEASES  AND
 HIV/AIDS  AMONG  RESIDENTS  OF  THE  AREA  TO BE SERVED, WITH PARTICULAR
 EMPHASIS ON HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN  THE  AREA
 TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE HUNDRED FIFTY
 PERCENT  OF  THE ESTABLISHED STATE INCOME STANDARD OR WHO PARTICIPATE IN
 THE FREE OR REDUCED PRICE LUNCH PROGRAM AS DEFINED IN SUBDIVISION ONE OF
 SECTION THIRTY-SIX HUNDRED TWO OF  THE  EDUCATION  LAW,  AND  ANY  OTHER
 GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT THE AREA TO BE
 SERVED  IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) THE HIGH SCHOOL
 DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION DEPARTMENT, AND
 (V) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES  THAT
 THE  AREA  TO  BE  SERVED IS IN NEED OF AN AGE-APPROPRIATE SEX EDUCATION
 PROGRAM;
   (H) THE SUCCESS REALIZED BY AN ELIGIBLE APPLICANT IN REDUCING UNWANTED
 PREGNANCIES AND CASES OF  SEXUALLY  TRANSMITTED  DISEASES,  AS  WELL  AS
 REDUCING RISK BEHAVIOR, IN PROGRAMS PREVIOUSLY, OR CURRENTLY, CONDUCTED;
 AND
   (I) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUEST.
   3.  IN  CONSIDERING APPLICATIONS SUBMITTED BY ELIGIBLE APPLICANTS, THE
 COMMISSIONER SHALL GIVE SPECIAL ATTENTION, AND GRANT PRIORITY TO  APPLI-
 CATIONS  SUBMITTED  BY  AN  ELIGIBLE  APPLICANT WHICH IS A PUBLIC SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WORKING IN CONSOR-
 TIUM OR PARTNERSHIP WITH ONE OR MORE COMMUNITY  BASED  ORGANIZATIONS  OR
 SCHOOL-BASED HEALTH CENTERS, ESPECIALLY WHERE THE COMMUNITY BASED ORGAN-
 IZATION, ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS HAS A DEMONSTRATED
 RECORD  OF SUCCESS IN THE CONDUCT OF SEX EDUCATION PROGRAMS OF A SIMILAR
 NATURE TO THE SEX EDUCATION PROGRAM PROVIDED FOR IN THIS ARTICLE.
   § 1454. MAINTENANCE OF EFFORT. ANY MONIES MADE AVAILABLE TO AN  ELIGI-
 BLE APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS
 PREVIOUSLY  EXPENDED  FOR  THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR,
 BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI-
 BLE APPLICANT SHALL REDUCE ANY SUBSEQUENT YEARS'  EXPENDITURES  FOR  THE
 SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE
 IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS ARTICLE.
   §  1455.  ANNUAL REPORTS BY GRANT RECIPIENTS. 1. EVERY ELIGIBLE APPLI-
 CANT THAT HAS BEEN AWARDED A GRANT UNDER  THIS  ARTICLE  SHALL  FILE  AN

 S. 1070                             7
 
 ANNUAL  REPORT WITH THE COMMISSIONER, IN SUCH FORM AND WITH SUCH DATA AS
 THE COMMISSIONER PRESCRIBES DETAILING THE EXPENDITURE  OF  GRANT  FUNDS,
 TOGETHER  WITH  AN  ANALYSIS  OF THE AGE-APPROPRIATE SEX EDUCATION GRANT
 PROGRAM  IT  CONDUCTED,  WITH  A  SUMMARY  OF ITS SUCCESS OR FAILURES IN
 ALTERING ATTITUDES REGARDING THE MERITS OF SEXUAL ABSTINENCE AS WELL  AS
 IN  PREVENTING  UNWANTED  PREGNANCIES, SEXUALLY TRANSMITTED DISEASES AND
 HIV/AIDS.
   2. THE COMMISSIONER SHALL ON OR BEFORE FEBRUARY FIRST  IN  EACH  YEAR,
 SUBMIT  A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  CONTAINING  HIS  OR  HER
 FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR
 AND  THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE RESPEC-
 TIVELY, THE COMMISSIONER  SHALL  ALSO  INCLUDE  THE  EVALUATION  OF  THE
 PROGRAM  AS  PRESENTED BY THE ACCREDITED ORGANIZATION IN ACCORDANCE WITH
 SECTION FOURTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
   § 1456. NOTIFICATION TO POTENTIAL APPLICANTS. THE  COMMISSIONER  SHALL
 TIMELY  SEND  TO  EVERY  PUBLIC SCHOOL DISTRICT AND BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES AND TO EVERY REQUESTING COMMUNITY  BASED  ORGANIZA-
 TION  OR  SCHOOL-BASED  HEALTH CENTER A COPY OF THIS ARTICLE AND GENERAL
 INFORMATION RELATING TO THE AGE-APPROPRIATE SEX EDUCATION GRANT  PROGRAM
 AND THE APPLICATION PROCESS THEREFOR.
   §  1457. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS
 SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
 CLE.
   § 3. Severability.  If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act.
   § 4. This act shall take effect immediately.