S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8433
 
                             I N  S E N A T E
 
                               May 29, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to inclusive  instruction
   and  instructional  materials; and providing for the repeal of certain
   provisions upon expiration thereof
 
   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. INCLUSIVE CURRICULUM OR INSTRUCTION. 1. SCHOOL DISTRICTS  AND
 CHARTER  SCHOOLS  SHALL  INCLUDE INSTRUCTION ON THE POLITICAL, ECONOMIC,
 AND SOCIAL CONTRIBUTIONS, AND LIFEWAYS OF LESBIAN, GAY, BISEXUAL, TRANS-
 GENDER, AND QUEER PEOPLE, IN AN APPROPRIATE PLACE IN THE  CURRICULUM  OF
 MIDDLE SCHOOL AND HIGH SCHOOL STUDENTS.
   2. SCHOOL DISTRICTS AND CHARTER SCHOOLS SHALL HAVE POLICIES AND PROCE-
 DURES IN PLACE PERTAINING TO THE SELECTION OF INSTRUCTIONAL MATERIALS TO
 IMPLEMENT  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION. WHEN
 ADOPTING INSTRUCTIONAL MATERIALS FOR USE IN THE SCHOOLS OF THE DISTRICT,
 SCHOOL DISTRICTS AND CHARTER SCHOOLS SHALL ADOPT INCLUSIVE INSTRUCTIONAL
 MATERIALS THAT PORTRAY THE CULTURAL AND ECONOMIC  DIVERSITY  OF  SOCIETY
 INCLUDING  THE  POLITICAL, ECONOMIC, AND SOCIAL CONTRIBUTIONS, AND LIFE-
 WAYS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER,  AND  QUEER  PEOPLE,  WHERE
 APPROPRIATE.
   3. FOR THE PURPOSES OF THIS SECTION:
   A.  THE  TERM  "GAY"  MEANS  A MAN OR A MALE INDIVIDUAL WHOSE ENDURING
 PHYSICAL, ROMANTIC, OR EMOTIONAL ATTRACTION IS TO ANOTHER  MAN  OR  MALE
 INDIVIDUAL.
   B.  THE TERM "LESBIAN" MEANS A WOMAN OR FEMALE INDIVIDUAL WHOSE ENDUR-
 ING PHYSICAL, ROMANTIC, OR EMOTIONAL ATTRACTION IS TO ANOTHER  WOMAN  OR
 FEMALE INDIVIDUAL.
   C.  THE  TERM  "BISEXUAL"  MEANS AN INDIVIDUAL WHO HAS THE CAPACITY TO
 FORM ENDURING PHYSICAL, ROMANTIC, OR  EMOTIONAL  ATTRACTION  TO  ANOTHER
 INDIVIDUAL  OF  THE  SAME  SEX  OR  GENDER OR TO ANOTHER INDIVIDUAL OF A
 DIFFERENT SEX  OR  GENDER.  BISEXUAL  INDIVIDUALS  MAY  EXPERIENCE  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09929-04-0

 S. 8433                             2
 
 ATTRACTION  IN  DIFFERING WAYS AND DEGREES OVER THEIR LIFETIME. BISEXUAL
 INDIVIDUALS DO NOT NEED TO HAVE SPECIFIC SEXUAL EXPERIENCES OR HAVE  HAD
 ANY SEXUAL EXPERIENCE AT ALL TO HAVE A SEXUAL ORIENTATION OF BISEXUAL.
   D.  THE  TERM "ASSIGNED GENDER" MEANS THE BINARY GENDER CLASSIFICATION
 OF MALE OR FEMALE THAT CORRESPONDS TO THE SEX OF MALE OR FEMALE.
   E. THE TERM "TRANSGENDER" MEANS AN INDIVIDUAL WHOSE IDENTIFIED  GENDER
 DOES NOT MATCH THEIR ASSIGNED GENDER.
   F.  THE  TERM  "QUEER"  MEANS  AN  INDIVIDUAL THAT DOES NOT CONFORM TO
 SOCIAL GENDER NORMS OR SOCIAL SEXUALITY NORMS INCLUDING, BUT NOT LIMITED
 TO, GENDER EXPRESSION AND  IDENTITY,  AND  GAY,  LESBIAN,  BISEXUAL,  OR
 TRANSGENDER SEXUAL ORIENTATIONS.
   G.  THE TERM "LIFEWAYS" MEANS THE CUSTOMARY MANNER OF LIVING OR WAY OF
 LIFE.
   §  2.  Section  804-e of the education law, as added by section one of
 this act, is amended by adding a new subdivision 4 to read as follows:
   4. A. THERE IS HEREBY CREATED A TASK FORCE TO STUDY AND MAKE RECOMMEN-
 DATIONS ON POLICIES, PROCEDURES AND BEST PRACTICES FOR THE SELECTION AND
 ADOPTION OF INCLUSIVE INSTRUCTIONAL MATERIALS.
   B. THE TASK FORCE SHALL BE COMPOSED OF ELEVEN MEMBERS TO BE  APPOINTED
 AS FOLLOWS:
   (I) TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   (II)  TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (III) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
 SENATE;
   (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY;
   (VI)  TWO MEMBERS SHALL BE APPOINTED BY THE CHANCELLOR OF THE BOARD OF
 REGENTS; AND
   (VII) ONE MEMBER SHALL BE THE COMMISSIONER OR APPOINTED DESIGNEE THER-
 EOF WHO SHALL SERVE AS CHAIRPERSON OF THE TASK FORCE.
   C. ALL APPOINTMENTS TO THE TASK FORCE SHALL BE SUBMITTED NO LATER THAN
 ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION.
 VACANCIES  IN  THE  MEMBERSHIP  OF THE TASK FORCE SHALL BE FILLED WITHIN
 THIRTY DAYS IN THE  SAME  MANNER  PROVIDED  FOR  ORIGINAL  APPOINTMENTS.
 APPOINTED MEMBERS SHALL BE CHOSEN WITH DUE REGARD TO BROAD ETHNIC DIVER-
 SITY AND SHALL HAVE A DEMONSTRATED EDUCATIONAL BACKGROUND IN THE HISTORY
 OF  THE  POLITICAL,  ECONOMIC, AND SOCIAL CONTRIBUTIONS, AND LIFEWAYS OF
 LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER PEOPLE.
   D. THE MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION  BUT
 SHALL  BE  REIMBURSED FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
 OF THEIR DUTIES.
   E. THE TASK FORCE SHALL STUDY AND PREPARE A REPORT ON POLICIES, PROCE-
 DURES AND BEST PRACTICES TO PROVIDE AN INCLUSIVE CURRICULUM ON THE POLI-
 TICAL, ECONOMIC, AND SOCIAL CONTRIBUTIONS, AND LIFEWAYS OF LESBIAN, GAY,
 BISEXUAL, TRANSGENDER, AND QUEER PEOPLE.   THE REPORT  PREPARED  BY  THE
 TASK  FORCE  SHALL  BE  USED  BY SCHOOL DISTRICTS AND CHARTER SCHOOLS TO
 CREATE THE POLICIES AND PROCEDURES REQUIRED PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION TO SELECT INSTRUCTIONAL MATERIALS TO IMPLEMENT AN INCLU-
 SIVE  CURRICULUM  ON  THE POLITICAL, ECONOMIC, AND SOCIAL CONTRIBUTIONS,
 AND LIFEWAYS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND  QUEER  PEOPLE.
 THE  REPORT  SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,  THE  CHAIRPERSON  OF  THE
 SENATE  COMMITTEE  ON EDUCATION, THE CHAIRPERSON OF THE SENATE COMMITTEE
 ON NEW YORK CITY EDUCATION, THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON

 S. 8433                             3
 
 EDUCATION, THE BOARD OF REGENTS, AND THE COMMISSIONER AND SHALL BE  MADE
 AVAILABLE  TO ALL SCHOOL DISTRICTS AND CHARTER SCHOOLS WITHIN THE STATE,
 NO LATER THAN ONE YEAR AFTER ALL INITIAL APPOINTMENTS TO THE TASK  FORCE
 HAVE BEEN MADE.
   § 3. This act shall take effect July 1, 2020 and shall apply to school
 years  commencing  on  or  after  such date, provided, however, that the
 amendments to section 804-e of the education law made by section two  of
 this  act  shall  expire and be deemed repealed 2 years after such date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.