Bill Text: NY S01030 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes an age-appropriate sex education grant program through the department of health conducted by an eligible applicant; authorizes the commissioner to determine certain topics of instruction and makes provisions for the application of grants.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S01030 Detail]
Download: New_York-2019-S01030-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1030 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ Introduced by Sens. RIVERA, HOYLMAN, KAVANAGH, KRUEGER, PARKER -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "healthy teens act". 3 § 2. The public health law is amended by adding a new article 14-A to 4 read as follows: 5 ARTICLE 14-A 6 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM 7 Section 1450. Definitions. 8 1451. Establishment of age-appropriate sex education grant 9 program; general components. 10 1452. Age-appropriate sex education grant program awards. 11 1453. Application for grants; age-appropriate sex education 12 grant program plan. 13 1454. Maintenance of effort. 14 1455. Annual reports by grant recipients. 15 1456. Notification to potential applicants. 16 1457. Regulations. 17 § 1450. Definitions. For the purposes of this article, the following 18 terms shall have the following meanings: 19 1. "Eligible applicant" means (a) a public school district, (b) a 20 board of cooperative educational services, (c) a school-based health 21 center, (d) a community based organization which may be a for-profit 22 corporation or entity or not-for-profit corporation or organization, or 23 (e) a consortium or partnership formed by a public school district, a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03388-01-9S. 1030 2 1 board of cooperative educational services and/or a school-based health 2 center and one or more community based organizations which qualifies for 3 the award of an age-appropriate sex education grant by the commissioner 4 under this article. 5 2. "Grant program plan" means the plan submitted to the commissioner 6 by an eligible applicant under section fourteen hundred fifty-one of 7 this article. 8 3. "State income standard" means the most recent federal income offi- 9 cial poverty line as defined annually and revised by the federal office 10 of management and budget adjusted for family size. 11 4. "Age-appropriate sex education grant program" means a comprehensive 12 age-appropriate sex education program conducted by an eligible applicant 13 under section fourteen hundred fifty-one of this article. 14 5. "School-based health center" means a clinic licensed under article 15 twenty-eight of this chapter, or sponsored by a facility licensed under 16 article twenty-eight of this chapter, which provides primary care 17 services within an elementary or secondary public school setting. 18 § 1451. Establishment of age-appropriate sex education grant program; 19 general components. 1. There is hereby established within the department 20 an age-appropriate sex education grant program. The program shall be 21 formulated by the commissioner after consultation with the commissioner 22 of education. The purpose of the program shall be to provide grants to 23 eligible applicants to support age-appropriate sex education grant 24 programs for young people which provides them with topics of instruction 25 in the components set forth in subdivision two of this section. 26 2. In order for an eligible applicant to receive an award of an annual 27 grant under subdivision three of this section, such an applicant shall 28 submit with its application the components of instruction which shall be 29 offered in its age-appropriate sex education grant program. The commis- 30 sioner shall determine certain topics of instruction to be optional for 31 age-appropriate reasons as shall be specified by the commissioner in 32 application instructions made available by the department for the 33 purposes of implementing this article. It is not necessary to provide 34 equal emphasis on each component of instruction, however a project may 35 not be inconsistent with any of the components. The components of 36 instruction shall include whether such instruction: 37 (a) is age-appropriate and medically-accurate; 38 (b) does not teach or promote religion, provided that this paragraph 39 shall not preclude discussion of moral, ethical or religious views 40 related to sex or sexual relationships; 41 (c) teaches that abstinence is the only sure way to avoid pregnancy or 42 sexually transmitted diseases; 43 (d) stresses the value of abstinence while not ignoring those adoles- 44 cents who have had or who are having sexual intercourse; 45 (e) provides information about the health benefits and side effects of 46 all contraceptives and barrier methods as a means to prevent pregnancy; 47 (f) provides information about the health benefits and side effects of 48 all contraceptives and barrier methods as a means to reduce the risk of 49 contracting sexually transmitted diseases, HIV/AIDS and other diseases; 50 (g) provides information about the vaccine for human papilloma virus, 51 which may prevent cervical cancer, genital warts, infertility, and other 52 reproductive health problems, when administered prior to becoming sexu- 53 ally active; 54 (h) encourages family communication about sexuality among parents, 55 other adult household members and children;S. 1030 3 1 (i) teaches skills to make responsible decisions about sexuality, 2 including how to avoid unwanted verbal, physical and sexual advances, 3 and how not to make unwanted verbal, physical and sexual advances; 4 (j) teaches how alcohol and drug use can affect responsible decision 5 making; 6 (k) helps young people to gain knowledge about the physical, biolog- 7 ical and hormonal changes of adolescence and subsequent stages of human 8 maturation; 9 (l) develops the knowledge and skills necessary to ensure and protect 10 young people with respect to their sexual and reproductive health; 11 (m) assists young people in gaining knowledge about the specific 12 involvement of, and responsibility of both males and females in sexual 13 decision making; 14 (n) develops healthy attitudes and values concerning growth and devel- 15 opment, body image, gender roles, sexual orientation and other subjects; 16 (o) encourages young people to practice healthy life skills including 17 goal setting, decision making, negotiation, and communication and stress 18 management; 19 (p) promotes self-esteem and positive interpersonal skills focusing on 20 relationship skills, including platonic, romantic, intimate and family 21 relationships and interaction and how to avoid relationship abuse; and 22 (q) is based on theoretical projects that have been demonstrated to 23 influence health behavior. 24 It is not necessary for the grantee to address every component of 25 instruction, however, paragraphs (a) and (b) of this subdivision are 26 required of all applicant programs. No program may include information 27 or messages that contradict any of the components. 28 3. Any eligible applicant may apply for, and upon approval of the 29 application by the commissioner, shall be awarded an annual sex educa- 30 tion grant provided it demonstrates in the grant program plan submitted 31 to the commissioner that: 32 (a) it is capable of providing young persons with an effective sex 33 education program that shall be meaningful, substantially involve 34 parents and other adults as feasible and appropriate, and shall be 35 conducted in accordance with this article and any regulations under this 36 article; 37 (b) if such applicant is a community based organization, that it has a 38 proven record and experience in conducting meaningful and successful 39 age-appropriate sex education programs for at least five years prior to 40 the calendar year in which application for the grant is made, and that 41 it is capable of providing an age-appropriate sex education program to a 42 broad based segment of the youth population with specific emphasis on 43 targeted at-risk youths in such organization's service area. The commis- 44 sioner may seek and he or she shall receive any pertinent information or 45 request and receive recommendations as to such community based organiza- 46 tion's interactions or prior dealings with any other state or local 47 governmental entity, including, but not limited to, any public school 48 district or board of cooperative educational services in making the 49 determination required by this paragraph. 50 4. All monies provided in grants under this article shall be in addi- 51 tion to, and not in lieu of, any moneys historically appropriated for 52 the same or similar purposes and shall not be used to offset or reduce 53 moneys previously expended for similar programs. 54 § 1452. Age-appropriate sex education grant program awards. 1. Within 55 amounts appropriated therefor, the commissioner shall be authorized toS. 1030 4 1 grant awards for the support of approved age-appropriate sex education 2 grant programs. 3 2. Grants to support an approved age-appropriate sex education grant 4 program shall be awarded on a competitive basis in accordance with 5 criteria established by the commissioner. 6 3. The department shall, from within amounts appropriated to the 7 department, undertake all activities necessary to plan for and prelimi- 8 narily provide for the timely implementation of the age-appropriate sex 9 education grant program authorized by this article for the state fiscal 10 year commencing one year following the effective date of this article. 11 4. Not more than five percent of any amounts made available by appro- 12 priation in any single fiscal year for the age-appropriate sex education 13 grant program shall be annually retained by the commissioner for the 14 administrative purposes of the department. 15 5. Of the amounts made available by appropriation for the sex educa- 16 tion grant program, not more than five percent of any funds made by such 17 appropriation for the state fiscal year commencing three years following 18 the effective date of this article shall be made available for payment 19 to a nationally recognized and accredited organization with experience 20 in analyzing the efficacy and benefits of sex education grant programs 21 for purposes of enabling such organization to evaluate the totality of 22 the grant program and grants awarded in the two years following the 23 effective date of this article. Similarly, not more than four percent 24 of any funds for the state fiscal year commencing four years following 25 the effective date of this article shall be made available for payment 26 to the same organization which was awarded the initial contract to so 27 analyze the age-appropriate sex education grant program for the purpose 28 of providing necessary funds to them to analyze the age-appropriate sex 29 education grant program from its inception through and including all the 30 grant year periods authorized under this article. The contract to be 31 awarded to such organization shall be let only after a request for 32 proposal has been issued by the department in the manner provided for by 33 law, and the award of such contract shall be subject to competitive 34 bidding requirements as also required by law. The department shall 35 include within the request for proposal detailed criteria of evaluation 36 to be employed by the organization to be awarded the bid. The request 37 for proposal shall also allow for a bidding organization to submit addi- 38 tional evaluative criteria that may be utilized by the organization 39 awarded the bid if approved by the department. Notwithstanding any 40 inconsistent provision of this subdivision, the request for proposal 41 shall include a provision authorizing the commissioner to terminate the 42 awarded contract to the successful bidder with respect to the conduct of 43 the second evaluation of the grant program for the entire grant period 44 authorized under this article if the commissioner is not satisfied with 45 the quality of effort demonstrated by such bidder in the first evalu- 46 ation of the grant program period. In such case, a similar request for 47 proposal procedure shall be utilized for the purpose of making the 48 second evaluation. 49 6. Beginning with the school year in July two years following the 50 effective date of this article and every school year thereafter, from 51 any annual appropriations and/or reappropriations made therefor, the 52 commissioner shall set aside eighty percent of the money so appropriated 53 (minus any amounts necessary to pay adjustment expenses pursuant to 54 subdivisions three, four and five of this section) for the purpose of 55 awarding grants for sex education grant program plans approved by the 56 commissioner pursuant to section fourteen hundred fifty-three of thisS. 1030 5 1 article to be conducted by public school districts and/or boards of 2 cooperative educational services including those programs which are 3 going to be conducted in accordance with a program plan pursuant to 4 consortiums or partnerships formed by a public school district and/or 5 board of cooperative educational services and a school-based health 6 center or one or more community based organizations. Priority, substan- 7 tial consideration and weight shall be accorded by the commissioner in 8 the awarding of grants to such consortiums or partnerships. Similarly, 9 the commissioner shall set aside twenty per centum of any appropriation 10 for the purpose of awarding grants for age-appropriate sex education 11 grant program plans approved by the commissioner for eligible applicants 12 who are community based organizations or school-based health centers 13 which are not conducting such program as part of a consortium or part- 14 nership. 15 7. In making grants under this article, the commissioner shall also 16 give special consideration and weight to: (a) the number of reported 17 adolescent pregnancies by persons residing in such area over the previ- 18 ous ten years and the number of adolescent parents, including where 19 feasible, the number of single parents, who currently reside in such 20 area, (b) the number of reported occurrences of sexually transmitted 21 diseases and HIV/AIDS among residents of the area to be served, with 22 particular emphasis on HIV/AIDS, (c) the number of persons residing in 23 the area to be served whose annual personal income is less than one 24 hundred fifty percent of the established state income standard or who 25 participate in the free and reduced price lunch program as defined in 26 subdivision one of section thirty-six hundred two of the education law, 27 and any other generally available statistical data which indicates that 28 the area to be served is economically or otherwise disadvantaged, (d) 29 the high school drop out rate in the area as determined by the education 30 department, and (e) any other generally available statistical data which 31 indicates that the area to be served is in need of an age-appropriate 32 sex education program. 33 § 1453. Application for grants; age-appropriate sex education grant 34 program plan. 1. The commissioner shall establish an application proce- 35 dure by which eligible applicants may apply for a grant pursuant to this 36 article, and the manner and method including specified objective crite- 37 ria consistent with this article by which the commissioner shall deter- 38 mine the eligibility of an applicant. 39 2. The eligible applicant shall submit with its age-appropriate sex 40 education grant application its grant program plan to the commissioner, 41 which shall include a detailed description of the proposed age-appropri- 42 ate sex education program, including but not limited to: 43 (a) the manner in which parents and other adults will be included in 44 the program; 45 (b) an outline for the curriculum to be covered in the eligible appli- 46 cant's program, including the instructional materials, books, videos or 47 other instructional tools to be used and the training which will be 48 provided to teachers, personnel and volunteers who will conduct the 49 program. Such curriculum shall include, but need not be limited to, a 50 comprehensive block of instruction that stresses abstinence as the most 51 effective and appropriate protection against HIV/AIDS and pregnancy and 52 which contains written and oral instruction on the prevention of sexual- 53 ly transmitted diseases. The other core elements shall satisfy a signif- 54 icant number of, or preferably all of, the components of an age-appro- 55 priate sex education grant program as established in section fourteen 56 hundred fifty-one of this article;S. 1030 6 1 (c) any special, or unusual or innovative services, programs or educa- 2 tion methods to be utilized; 3 (d) the number and types of teaching or other personnel to be 4 employed, or volunteers to be used, together with their professional or 5 academic credentials; 6 (e) the geographic area in which the proposed program will be offered 7 and a description of the categories and age groupings of at-risk adoles- 8 cents included in such program, along with an estimate of the number of 9 adolescents who the applicant estimates will participate in such 10 program; 11 (f) a demonstration that the proposed program is adequate in terms of 12 course length and in terms of both short term and long-range goals; 13 (g) the need for such program in the proposed area to be served. In 14 determining such need the commissioner shall specifically consider the 15 following factors and give special attention to programs servicing areas 16 which have a higher than average incidence in one or more of the follow- 17 ing enumerated life experiences: (i) the number of reported adolescent 18 pregnancies by persons residing in such area over the previous ten years 19 and the number of adolescent parents, including where feasible, the 20 number of single parents, who currently reside in such area, (ii) the 21 number of reported occurrences of sexually transmitted diseases and 22 HIV/AIDS among residents of the area to be served, with particular 23 emphasis on HIV/AIDS, (iii) the number of persons residing in the area 24 to be served whose annual personal income is less than one hundred fifty 25 percent of the established state income standard or who participate in 26 the free or reduced price lunch program as defined in subdivision one of 27 section thirty-six hundred two of the education law, and any other 28 generally available statistical data which indicates that the area to be 29 served is economically or otherwise disadvantaged, (iv) the high school 30 drop out rate in the area as determined by the education department, and 31 (v) any other generally available statistical data which indicates that 32 the area to be served is in need of an age-appropriate sex education 33 program; 34 (h) the success realized by an eligible applicant in reducing unwanted 35 pregnancies and cases of sexually transmitted diseases, as well as 36 reducing risk behavior, in programs previously, or currently, conducted; 37 and 38 (i) any other information as the commissioner may request. 39 3. In considering applications submitted by eligible applicants, the 40 commissioner shall give special attention, and grant priority to appli- 41 cations submitted by an eligible applicant which is a public school 42 district or board of cooperative educational services working in consor- 43 tium or partnership with one or more community based organizations or 44 school-based health centers, especially where the community based organ- 45 ization, organizations or school-based health centers has a demonstrated 46 record of success in the conduct of sex education programs of a similar 47 nature to the sex education program provided for in this article. 48 § 1454. Maintenance of effort. Any monies made available to an eligi- 49 ble applicant shall not be used to offset or reduce the amount of moneys 50 previously expended for the same or similar programs in a prior year, 51 but shall be used to supplement any prior years' expenditures. No eligi- 52 ble applicant shall reduce any subsequent years' expenditures for the 53 same or similar programs as a result of receiving any grant, or increase 54 in the amount of any prior awarded grant, pursuant to this article. 55 § 1455. Annual reports by grant recipients. 1. Every eligible appli- 56 cant that has been awarded a grant under this article shall file anS. 1030 7 1 annual report with the commissioner, in such form and with such data as 2 the commissioner prescribes detailing the expenditure of grant funds, 3 together with an analysis of the age-appropriate sex education grant 4 program it conducted, with a summary of its success or failures in 5 altering attitudes regarding the merits of sexual abstinence as well as 6 in preventing unwanted pregnancies, sexually transmitted diseases and 7 HIV/AIDS. 8 2. The commissioner shall on or before February first in each year, 9 submit a report on the program to the governor, the temporary president 10 of the senate and the speaker of the assembly containing his or her 11 findings and recommendations. In the report submitted in the fourth year 12 and the sixth year following the effective date of this article respec- 13 tively, the commissioner shall also include the evaluation of the 14 program as presented by the accredited organization in accordance with 15 section fourteen hundred fifty-two of this article. 16 § 1456. Notification to potential applicants. The commissioner shall 17 timely send to every public school district and board of cooperative 18 educational services and to every requesting community based organiza- 19 tion or school-based health center a copy of this article and general 20 information relating to the age-appropriate sex education grant program 21 and the application process therefor. 22 § 1457. Regulations. The commissioner shall promulgate regulations as 23 shall be reasonably necessary to effectuate the provisions of this arti- 24 cle. 25 § 3. Severability. If any provision of this act, or any application 26 of any provision of this act, is held to be invalid, that shall not 27 affect the validity or effectiveness of any other provision of this act, 28 or of any other application of any provision of this act. 29 § 4. This act shall take effect immediately.