S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7023
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M.  of A. CUSICK, SIMOTAS, M. G. MILLER, LAVINE, ABBATE,
   ARROYO, MALLIOTAKIS, McDONOUGH, PERRY, RA, THIELE, PAULIN, WALLACE  --
   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".
   § 2.  Section 305 of the education law is  amended  by  adding  a  new
 subdivision 57 to read as follows:
   57.  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.
                                                            LBD00261-01-9
              

 A. 7023                             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.
   § 3. This act shall take effect immediately.