S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4375
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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, QUEER, INTERSEX, AND ASEXUAL 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, QUEER, INTERSEX, AND ASEXU-
 AL 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02355-01-3
 A. 4375                             2
              

 
   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
 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 SEX" MEANS THE CLASSIFICATION OF MALE, FEMALE,
 OR INTERSEX ASSIGNED AT BIRTH THAT CORRESPONDS TO THE BIOLOGICAL DIFFER-
 ENCES BETWEEN MALES, FEMALES, OR INTERSEX PEOPLE SUCH AS  GENITALIA  AND
 GENETIC DIFFERENCES.
   E.  THE TERM "TRANSGENDER" MEANS AN INDIVIDUAL WHOSE IDENTIFIED GENDER
 DOES NOT MATCH THEIR ASSIGNED SEX AT BIRTH.
   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 IDENTITY OR EXPRESSION, AND GAY, LESBIAN, BISEXUAL, OR TRANS-
 GENDER SEXUAL ORIENTATIONS.
   G.  THE  TERM  "INTERSEX" MEANS AN INDIVIDUAL BORN WITH ANY OF SEVERAL
 VARIATIONS IN SEX CHARACTERISTICS  INCLUDING  CHROMOSOMES,  GONADS,  SEX
 HORMONES,  OR  GENITALS THAT DO NOT FIT THE TYPICAL DEFINITIONS FOR MALE
 OR FEMALE BODIES.
   H. THE TERM "ASEXUAL" MEANS AN INDIVIDUAL THAT HAS A  LACK  OF  SEXUAL
 ATTRACTION  TO  OTHER  INDIVIDUALS OR HAS A LOW OR ABSENT INTEREST IN OR
 DESIRE FOR SEXUAL ACTIVITY.
   I. THE TERM "LIFEWAYS" MEANS THE CUSTOMARY MANNER OF LIVING OR WAY  OF
 LIFE.
   J. THE TERM "GENDER IDENTITY OR EXPRESSION" MEANS A PERSON'S ACTUAL OR
 PERCEIVED  GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION, OR
 OTHER GENDER-RELATED CHARACTERISTIC REGARDLESS OF THE  SEX  ASSIGNED  TO
 THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
 TRANSGENDER.
   §  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, SEXU-
 AL  ORIENTATION,  AND  GENDER IDENTITY OR EXPRESSION DIVERSITY AND SHALL
 A. 4375                             3
 
 HAVE A DEMONSTRATED EDUCATIONAL BACKGROUND IN THE HISTORY OF  THE  POLI-
 TICAL, ECONOMIC, AND SOCIAL CONTRIBUTIONS, AND LIFEWAYS OF LESBIAN, GAY,
 BISEXUAL, TRANSGENDER, QUEER, INTERSEX, AND ASEXUAL 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, QUEER, INTERSEX, AND ASEXUAL 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 INCLUSIVE CURRICULUM ON THE POLITICAL, ECONOMIC, AND SOCIAL
 CONTRIBUTIONS, AND LIFEWAYS  OF  LESBIAN,  GAY,  BISEXUAL,  TRANSGENDER,
 QUEER,  INTERSEX,  AND  ASEXUAL 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  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 on the first of July  next  succeeding
 the  date  on which it shall have become a law 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 two 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  to  be made and completed on or before such
 effective date.