STATE OF NEW YORK ________________________________________________________________________ 1566 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT -- 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 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Jessica Tush act". 3 § 2. Section 305 of the education law is amended by adding a new 4 subdivision 60 to read as follows: 5 60. a. The commissioner shall make recommendations to the regents 6 relating to the adoption of instruction on dating violence that is age- 7 appropriate into the annual curriculum framework for students in grades 8 seven through twelve and which shall be incorporated into various class 9 subjects, including health. 10 b. Prior to making the recommendations to the regents, the commission- 11 er shall: 12 (i) seek the recommendations of teachers, school administrators, 13 teacher educators and others with educational expertise in the proposed 14 curriculum; 15 (ii) seek comment from parents, students and other interested parties; 16 (iii) consider the amount of instructional time such curriculum will 17 require and whether such time would detract from other mandated courses 18 of study; 19 (iv) consider the fiscal impact, if any, on the state and school 20 districts; and 21 (v) consider any additional factors the commissioner deems relevant. 22 c. No later than one hundred eighty days after the effective date of 23 this subdivision, the commissioner shall provide a recommendation to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00522-01-3S. 1566 2 1 regents to either adopt and promulgate appropriate rules and regulations 2 implementing such curriculum or to reject the implementation of such 3 curriculum. Upon receiving a recommendation from the commissioner pursu- 4 ant to this subdivision, the regents shall vote to either accept or 5 reject the commissioner's recommendation no later than sixty days after 6 receiving such recommendation. 7 d. If the regents adopt such curriculum, the curriculum requirement 8 shall take effect no later than the next school year after such curric- 9 ulum has been adopted. 10 e. If the regents reject such curriculum, the commissioner shall 11 provide a report as to the determination of the regents to the governor, 12 the temporary president of the senate, the speaker of the assembly and 13 the chairs of the senate and assembly committees on education providing 14 the reasons for such rejection not later than thirty days after the 15 regents reject such curriculum. 16 § 3. This act shall take effect immediately.