Bill Text: NY S02584 | 2021-2022 | General Assembly | Amended

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Bill Title: Requires comprehensive sexuality instruction for students in grades K-12 which includes a model curricula for comprehensive sexuality education and at a minimum conforms to the content and scope of national sexuality education standards.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S02584 Detail]

Download: New_York-2021-S02584-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2584--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 21, 2021
                                       ___________

        Introduced  by Sens. BROUK, GOUNARDES -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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:

     1    Section  1. The education law is amended by adding a new section 804-e
     2  to read as follows:
     3    § 804-e. Comprehensive sexuality education. 1. Each public and charter
     4  school shall ensure all pupils receive, as an integral part of education
     5  in grades kindergarten through twelve,  comprehensive  sexuality  educa-
     6  tion.
     7    2.  The commissioner, in consultation with the commissioner of health,
     8  shall develop and establish a comprehensive sexuality education program.
     9  Such program of instruction  shall  include:  (i)  model  curricula  for
    10  comprehensive  sexuality education in grades kindergarten through twelve
    11  including exemplar lesson plans, instructional tools and materials,  and
    12  best  practice instructional resources that are suitable to student age,
    13  based on cognitive, emotional, and behavioral capacity and at a  minimum
    14  conforms to the content and scope of national sexuality education stand-
    15  ards; (ii) resources to support implementation of the instruction in the
    16  schools;  and (iii) public availability of all program materials related
    17  to comprehensive sexuality education on the department's website.
    18    3. In the development of such program, the  commissioners  shall  seek
    19  the  recommendations of a broad range of experts such as teachers certi-
    20  fied in health, biology, family and consumer  science,  early  childhood
    21  education,  and childhood education, certified and licensed social work-
    22  ers, school nurses, school administrators, school board members,  parent
    23  teacher  association members, others with educational expertise in inti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06644-03-1
        S. 2584--A                          2

     1  mate partner violence, sexual assault, reproductive  and  sexual  health
     2  care,  and  serving  lesbian, gay, bisexual, transgender and questioning
     3  youth. Such program of  comprehensive  sexuality  instruction  shall  be
     4  reviewed  periodically  by  the  commissioner  in  consultation with the
     5  commissioner of health, at intervals specified by the commissioner,  and
     6  updated as necessary.
     7    4.  The  commissioner shall prescribe in regulations such contents and
     8  topics to  be  included  in  a  curriculum  of  comprehensive  sexuality
     9  instruction;  provided,  however, that the curricula need not be uniform
    10  throughout  the  state;  and  provided  further,  however,  that  school
    11  districts  shall utilize either a curriculum for comprehensive sexuality
    12  education instruction prescribed by the commissioner or a curriculum  in
    13  accordance with the criteria established by the commissioner.
    14    5.  Upon approval and adoption by the board of regents, the department
    15  shall issue guidance to  the  school  districts  about  the  program  on
    16  comprehensive  sexuality  instruction  and  publish on its website model
    17  curricula and instructional resources required by this section.   School
    18  districts shall provide comprehensive sexuality education instruction no
    19  later than the school year following the effective date of this section.
    20  No  later  than the second year after the effective date of this section
    21  and as necessary thereafter, the commissioner shall conduct a review  of
    22  district implementation to monitor compliance.
    23    6.  The  boards  of  education  or  trustees  of the cities and school
    24  districts of the state that choose not to  adopt  the  model  curriculum
    25  approved  by the board of regents shall each establish an advisory coun-
    26  cil which shall make recommendations to the board of education or  trus-
    27  tees  concerning  the curriculum, content, and evaluation of the compre-
    28  hensive sexuality education required pursuant  to  this  section.    The
    29  advisory  council  shall include, but need not be limited to, members of
    30  the school board or trustees, school authorities, a  teacher  designated
    31  by a teacher's collective bargaining organization, other staff, parents,
    32  students,  and  other  representatives  of  the  community. The board of
    33  education or trustees of a school district shall determine  the  curric-
    34  ulum  and content of the program within the school district and shall be
    35  responsible for the evaluation of the program within  the  district  and
    36  ensuring  the program conforms in content and scope to the comprehensive
    37  sexuality education program established by the commissioner.
    38    7. The board of education  and  trustees  of  the  cities  and  school
    39  districts  of  the  state shall establish a process by which a parent or
    40  guardian of a student may elect for the student not  to  participate  in
    41  select  lessons  regarding  HIV/AIDS prevention; provided, however, that
    42  such process shall require written notice signed by the student's parent
    43  or guardian for each school year.
    44    8. As used in this article, "comprehensive sexuality education"  means
    45  a  medically accurate, age-appropriate sequential learning program which
    46  addresses physical, mental, emotional and  social  dimensions  of  human
    47  sexuality, is trauma-responsive and culturally appropriate, incorporates
    48  skills-based  instruction;  provides  students with knowledge and skills
    49  they need to form relationships that are based  on  mutual  respect  and
    50  affection  and  that are free from violence, coercion, and intimidation;
    51  and are respectful and inclusive of all students regardless of actual or
    52  perceived race, color, weight, national origin, ethnic group,  religion,
    53  religious practice, disability, sexual orientation, or gender as defined
    54  in  section  eleven  of this chapter.  Comprehensive sexuality education
    55  shall include, but is not limited to,  age-appropriate  instruction  on:
    56  (i)  human  anatomy, reproduction, and sexual development; (ii) consent,
        S. 2584--A                          3

     1  bodily autonomy, boundary-setting, bullying, and  peer  pressure;  (iii)
     2  healthy  relationships, including relationships involving diverse sexual
     3  orientations and gender identities and prevention  of  intimate  partner
     4  violence,  sexual  violence  and  sexual  harassment;  (iv)  methods for
     5  preventing pregnancy and sexually transmitted  infections;  (v)  gender,
     6  gender  expression,  gender  identity, diversity of sex characteristics,
     7  and the harms of  gender  stereotypes;  (vi)  the  relationship  between
     8  substance use and sexual behavior and health; and (vii) the use of tech-
     9  nology and social media in interpersonal relationships.
    10    § 2. This act shall take effect July 1, 2024.