S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4604
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  PAULIN,  LUNSFORD, EPSTEIN,
   STIRPE, CRUZ, JEAN-PIERRE, COOK, SIMON, GLICK, HYNDMAN,  REYES,  BRON-
   SON,  ROZIC,  LAVINE,  RAMOS,  L. ROSENTHAL,  FAHY,  DARLING, WALLACE,
   SEAWRIGHT, LUPARDO, HEVESI, HUNTER, MAGNARELLI, BURKE,  THIELE,  OTIS,
   WALKER, CARROLL, BICHOTTE HERMELYN, BURDICK, CLARK, DICKENS, JACOBSON,
   KELLES, MEEKS, FORREST, McMAHON, RAJKUMAR, PRETLOW, DINOWITZ, BARRETT,
   MAMDANI,  DE LOS SANTOS,  STECK,  ANDERSON,  GALLAGHER, RAGA, SHIMSKY,
   ARDILA, SIMONE -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to comprehensive sexuali-
   ty education in schools
 
   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. COMPREHENSIVE SEXUALITY EDUCATION. 1. EACH PUBLIC AND CHARTER
 SCHOOL SHALL ENSURE ALL PUPILS RECEIVE, AS AN INTEGRAL PART OF EDUCATION
 IN GRADES KINDERGARTEN THROUGH TWELVE,  COMPREHENSIVE  SEXUALITY  EDUCA-
 TION.
   2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL DEVELOP AND ESTABLISH A COMPREHENSIVE SEXUALITY EDUCATION PROGRAM.
 SUCH PROGRAM OF INSTRUCTION  SHALL  INCLUDE:  (I)  MODEL  CURRICULA  FOR
 COMPREHENSIVE  SEXUALITY EDUCATION IN GRADES KINDERGARTEN THROUGH TWELVE
 INCLUDING EXEMPLAR LESSON PLANS, INSTRUCTIONAL TOOLS AND MATERIALS,  AND
 BEST  PRACTICE INSTRUCTIONAL RESOURCES THAT ARE SUITABLE TO STUDENT AGE,
 BASED ON COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY AND AT A  MINIMUM
 CONFORMS TO THE CONTENT AND SCOPE OF NATIONAL SEXUALITY EDUCATION STAND-
 ARDS; (II) RESOURCES TO SUPPORT IMPLEMENTATION OF THE INSTRUCTION IN THE
 SCHOOLS;  AND (III) PUBLIC AVAILABILITY OF ALL PROGRAM MATERIALS RELATED
 TO COMPREHENSIVE SEXUALITY EDUCATION ON THE DEPARTMENT'S WEBSITE.
   3. IN THE DEVELOPMENT OF SUCH PROGRAM, THE  COMMISSIONERS  SHALL  SEEK
 THE  RECOMMENDATIONS OF A BROAD RANGE OF EXPERTS SUCH AS TEACHERS CERTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08864-01-3
              

 A. 4604                             2
 
 FIED IN HEALTH, BIOLOGY, FAMILY AND CONSUMER  SCIENCE,  EARLY  CHILDHOOD
 EDUCATION,  AND CHILDHOOD EDUCATION, CERTIFIED AND LICENSED SOCIAL WORK-
 ERS, SCHOOL NURSES, SCHOOL ADMINISTRATORS, SCHOOL BOARD MEMBERS,  PARENT
 TEACHER  ASSOCIATION MEMBERS, OTHERS WITH EDUCATIONAL EXPERTISE IN INTI-
 MATE PARTNER VIOLENCE, SEXUAL ASSAULT, REPRODUCTIVE  AND  SEXUAL  HEALTH
 CARE,  AND  SERVING  LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUESTIONING
 YOUTH. SUCH PROGRAM OF  COMPREHENSIVE  SEXUALITY  INSTRUCTION  SHALL  BE
 REVIEWED  PERIODICALLY  BY  THE  COMMISSIONER  IN  CONSULTATION WITH THE
 COMMISSIONER OF HEALTH, AT INTERVALS SPECIFIED BY THE COMMISSIONER,  AND
 UPDATED AS NECESSARY.
   4.  THE  COMMISSIONER SHALL PRESCRIBE IN REGULATIONS SUCH CONTENTS AND
 TOPICS TO  BE  INCLUDED  IN  A  CURRICULUM  OF  COMPREHENSIVE  SEXUALITY
 INSTRUCTION;  PROVIDED,  HOWEVER, THAT THE CURRICULA NEED NOT BE UNIFORM
 THROUGHOUT  THE  STATE;  AND  PROVIDED  FURTHER,  HOWEVER,  THAT  SCHOOL
 DISTRICTS  SHALL UTILIZE EITHER A CURRICULUM FOR COMPREHENSIVE SEXUALITY
 EDUCATION INSTRUCTION PRESCRIBED BY THE COMMISSIONER OR A CURRICULUM  IN
 ACCORDANCE WITH THE CRITERIA ESTABLISHED BY THE COMMISSIONER.
   5.  UPON APPROVAL AND ADOPTION BY THE BOARD OF REGENTS, THE DEPARTMENT
 SHALL ISSUE GUIDANCE TO  THE  SCHOOL  DISTRICTS  ABOUT  THE  PROGRAM  ON
 COMPREHENSIVE  SEXUALITY  INSTRUCTION  AND  PUBLISH ON ITS WEBSITE MODEL
 CURRICULA AND INSTRUCTIONAL RESOURCES REQUIRED BY THIS SECTION.   SCHOOL
 DISTRICTS SHALL PROVIDE COMPREHENSIVE SEXUALITY EDUCATION INSTRUCTION NO
 LATER THAN THE SCHOOL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
 NO  LATER  THAN THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND AS NECESSARY THEREAFTER, THE COMMISSIONER SHALL CONDUCT A REVIEW  OF
 DISTRICT IMPLEMENTATION TO MONITOR COMPLIANCE.
   6.  THE  BOARDS  OF  EDUCATION  OR  TRUSTEES  OF THE CITIES AND SCHOOL
 DISTRICTS OF THE STATE THAT CHOOSE NOT TO  ADOPT  THE  MODEL  CURRICULUM
 APPROVED  BY THE BOARD OF REGENTS SHALL EACH ESTABLISH AN ADVISORY COUN-
 CIL WHICH SHALL MAKE RECOMMENDATIONS TO THE BOARD OF EDUCATION OR  TRUS-
 TEES  CONCERNING  THE CURRICULUM, CONTENT, AND EVALUATION OF THE COMPRE-
 HENSIVE SEXUALITY EDUCATION REQUIRED PURSUANT  TO  THIS  SECTION.    THE
 ADVISORY  COUNCIL  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, MEMBERS OF
 THE SCHOOL BOARD OR TRUSTEES, SCHOOL AUTHORITIES, A  TEACHER  DESIGNATED
 BY A TEACHER'S COLLECTIVE BARGAINING ORGANIZATION, OTHER STAFF, PARENTS,
 STUDENTS,  AND  OTHER  REPRESENTATIVES  OF  THE  COMMUNITY. THE BOARD OF
 EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT SHALL DETERMINE  THE  CURRIC-
 ULUM  AND CONTENT OF THE PROGRAM WITHIN THE SCHOOL DISTRICT AND SHALL BE
 RESPONSIBLE FOR THE EVALUATION OF THE PROGRAM WITHIN  THE  DISTRICT  AND
 ENSURING  THE PROGRAM CONFORMS IN CONTENT AND SCOPE TO THE COMPREHENSIVE
 SEXUALITY EDUCATION PROGRAM ESTABLISHED BY THE COMMISSIONER.
   7. THE BOARD OF EDUCATION  AND  TRUSTEES  OF  THE  CITIES  AND  SCHOOL
 DISTRICTS  OF  THE  STATE SHALL ESTABLISH A PROCESS BY WHICH A PARENT OR
 GUARDIAN OF A STUDENT MAY ELECT FOR THE STUDENT NOT  TO  PARTICIPATE  IN
 SELECT  LESSONS  REGARDING  HIV/AIDS PREVENTION; PROVIDED, HOWEVER, THAT
 SUCH PROCESS SHALL REQUIRE WRITTEN NOTICE SIGNED BY THE STUDENT'S PARENT
 OR GUARDIAN FOR EACH SCHOOL YEAR.
   8. AS USED IN THIS ARTICLE, "COMPREHENSIVE SEXUALITY EDUCATION"  MEANS
 A  MEDICALLY ACCURATE, AGE-APPROPRIATE SEQUENTIAL LEARNING PROGRAM WHICH
 ADDRESSES PHYSICAL, MENTAL, EMOTIONAL AND  SOCIAL  DIMENSIONS  OF  HUMAN
 SEXUALITY, IS TRAUMA-RESPONSIVE AND CULTURALLY APPROPRIATE, INCORPORATES
 SKILLS-BASED  INSTRUCTION;  PROVIDES  STUDENTS WITH KNOWLEDGE AND SKILLS
 THEY NEED TO FORM RELATIONSHIPS THAT ARE BASED  ON  MUTUAL  RESPECT  AND
 AFFECTION  AND  THAT ARE FREE FROM VIOLENCE, COERCION, AND INTIMIDATION;
 AND ARE RESPECTFUL AND INCLUSIVE OF ALL STUDENTS REGARDLESS OF ACTUAL OR
 PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP,  RELIGION,
 A. 4604                             3
 
 RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, OR GENDER AS DEFINED
 IN  SECTION  ELEVEN  OF THIS CHAPTER.  COMPREHENSIVE SEXUALITY EDUCATION
 SHALL INCLUDE, BUT IS NOT LIMITED TO,  AGE-APPROPRIATE  INSTRUCTION  ON:
 (I)  HUMAN  ANATOMY, REPRODUCTION, AND SEXUAL DEVELOPMENT; (II) CONSENT,
 BODILY AUTONOMY, BOUNDARY-SETTING, BULLYING, AND  PEER  PRESSURE;  (III)
 HEALTHY  RELATIONSHIPS, INCLUDING RELATIONSHIPS INVOLVING DIVERSE SEXUAL
 ORIENTATIONS AND GENDER IDENTITIES AND PREVENTION  OF  INTIMATE  PARTNER
 VIOLENCE,  SEXUAL  VIOLENCE  AND  SEXUAL  HARASSMENT;  (IV)  METHODS FOR
 PREVENTING PREGNANCY AND SEXUALLY TRANSMITTED  INFECTIONS;  (V)  GENDER,
 GENDER  EXPRESSION,  GENDER  IDENTITY, DIVERSITY OF SEX CHARACTERISTICS,
 AND THE HARMS OF  GENDER  STEREOTYPES;  (VI)  THE  RELATIONSHIP  BETWEEN
 SUBSTANCE USE AND SEXUAL BEHAVIOR AND HEALTH; AND (VII) THE USE OF TECH-
 NOLOGY AND SOCIAL MEDIA IN INTERPERSONAL RELATIONSHIPS.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.