S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1083
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced   by   M.   of   A.   GOTTFRIED,   DINOWITZ,  GALEF,  PAULIN,
   PEOPLES-STOKES, PRETLOW, TITUS, GANTT,  JAFFEE,  MAGNARELLI,  GUNTHER,
   CAHILL,  QUART,  ROZIC, ABINANTI, L. ROSENTHAL, STIRPE, WEPRIN, STECK,
   D'URSO, HYNDMAN, PICHARDO, WALKER, SIMON -- Multi-Sponsored by  --  M.
   of  A.  CARROLL, COOK, CROUCH, ENGLEBRIGHT, GLICK, HEVESI, JONES, KIM,
   LIFTON, LUPARDO, ORTIZ, PERRY, RAMOS, RIVERA, THIELE -- read once  and
   referred 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03388-01-9
              

 A. 1083                             2
 
   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
 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

 A. 1083                             3
 
 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;
   (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

 A. 1083                             4
 
 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
 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

 A. 1083                             5

 (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
 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-

 A. 1083                             6
 
 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;
   (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

 A. 1083                             7
 
 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
 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.