Simone, Hevesi, Epstein, Sillitti, Glick, Reyes, Ardila, Bronson, Simon
MLTSPNSR
Add & amd §804-e, Ed L
Requires school districts and charter schools to include instruction on the political, economic, and social contributions, and lifeways of lesbian, gay, bisexual, transgender, queer, intersex, and asexual people, in an appropriate place in the curriculum of middle school and high school students.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4375
SPONSOR: O'Donnell TITLE OF BILL:
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
PURPOSE:
The purpose of this bills is to include instruction and adopt instruc-
tional materials in schools that accurately portray political, economic,
and social contributions, and lifeways of lesbian, gay, bisexual, trans-
gender, queer, intersex, and asexual people.
SUMMARY OF PROVISIONS:
Section 1 adds a new Section 804-E to the Education Law that requires
school districts and charter schools to provide instruction on the poli-
tical, economic, and social contributions, and lifeways of lesbian, gay,
bisexual, transgender, queer, intersex, and asexual people in an appro-
priate place in the curriculum of middle school and high school
students. School districts must establish policies and procedures
regarding the selection of instructional materials. School districts
must adopt inclusive instructional materials that portray the cultural
and economic diversity of society including the political, economic, and
social contributions, and lifeways of lesbian, gay, bisexual, transgen-
der, queer, intersex, and asexual people, where appropriate.
Section 1 also provides defined terms.
Section 2 creates a task force to study, make recommendations, and
prepare a report on the policies, procedures, and best practices for the
selection and adoption of inclusive instructional materials. The task
force will consist of 11 members all of whom will have broad ethic,
sexual orientation, and gender identity or expression diversity and
shall have a demonstrated educational background in the history of poli-
tical, economic, and social contributions, and lifeways of lesbian, gay,
bisexual, transgender, queer, intersex, and asexual people. The task
force's report shall be used by school districts and charter schools to
create policies and procedures to implement an inclusive curriculum on
the political, economic, and social contributions, and lifeways of
lesbian, gay, bisexual, transgender, queer, intersex, and asexual
people.
Section 3 is the effective date.
JUSTIFICATION:
The lesbian, gay, bisexual, transgender, queer, intersex and asexual
communities are an integral and essential part of New York and the
United States. Many of the members of these communities have broken
barriers and paved the way for a more inclusive, tolerant, and under-
standing society. Adding a curriculum that includes teaching about the
political, economic, and social contributions, and lifeways of these
communities provides students opportunities to learn about their jour-
neys, accomplishments, and achievements. This bill does not legislate
morality. Rather, this bill teaches that members of the LGBTQIA+ commu-
nities are an integral and essential part of our society that continues
to shape our world.
As New York is the historic home of many of these communities and social
movements, it is fitting and appropriate that our state fully tells
their stories now so our students' understanding prepares them for a
more inclusive world view.
LEGISLATIVE HISTORY:
2021-2022: AS1929/A.808B
2019-2020: S.8433/A.10718
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on July 1, 2021 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 2 of
this act shall expire and be deemed repealed 2 years after such date.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary of the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
STATE OF NEW YORK
________________________________________________________________________
4375
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The education law is amended by adding a new section 804-e
2 to read as follows:
3 § 804-e. Inclusive curriculum or instruction. 1. School districts and
4 charter schools shall include instruction on the political, economic,
5 and social contributions, and lifeways of lesbian, gay, bisexual, trans-
6 gender, queer, intersex, and asexual people, in an appropriate place in
7 the curriculum of middle school and high school students.
8 2. School districts and charter schools shall have policies and proce-
9 dures in place pertaining to the selection of instructional materials to
10 implement the requirements of subdivision one of this section. When
11 adopting instructional materials for use in the schools of the district,
12 school districts and charter schools shall adopt inclusive instructional
13 materials that portray the cultural and economic diversity of society
14 including the political, economic, and social contributions, and life-
15 ways of lesbian, gay, bisexual, transgender, queer, intersex, and asexu-
16 al people, where appropriate.
17 3. For the purposes of this section:
18 a. The term "gay" means a man or a male individual whose enduring
19 physical, romantic, or emotional attraction is to another man or male
20 individual.
21 b. The term "lesbian" means a woman or female individual whose endur-
22 ing physical, romantic, or emotional attraction is to another woman or
23 female individual.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02355-01-3
A. 4375 2
1 c. The term "bisexual" means an individual who has the capacity to
2 form enduring physical, romantic, or emotional attraction to another
3 individual of the same sex or gender or to another individual of a
4 different sex or gender. Bisexual individuals may experience such
5 attraction in differing ways and degrees over their lifetime. Bisexual
6 individuals do not need to have specific sexual experiences or have had
7 any sexual experience at all to have a sexual orientation of bisexual.
8 d. The term "assigned sex" means the classification of male, female,
9 or intersex assigned at birth that corresponds to the biological differ-
10 ences between males, females, or intersex people such as genitalia and
11 genetic differences.
12 e. The term "transgender" means an individual whose identified gender
13 does not match their assigned sex at birth.
14 f. The term "queer" means an individual that does not conform to
15 social gender norms or social sexuality norms including, but not limited
16 to, gender identity or expression, and gay, lesbian, bisexual, or trans-
17 gender sexual orientations.
18 g. The term "intersex" means an individual born with any of several
19 variations in sex characteristics including chromosomes, gonads, sex
20 hormones, or genitals that do not fit the typical definitions for male
21 or female bodies.
22 h. The term "asexual" means an individual that has a lack of sexual
23 attraction to other individuals or has a low or absent interest in or
24 desire for sexual activity.
25 i. The term "lifeways" means the customary manner of living or way of
26 life.
27 j. The term "gender identity or expression" means a person's actual or
28 perceived gender-related identity, appearance, behavior, expression, or
29 other gender-related characteristic regardless of the sex assigned to
30 that person at birth, including, but not limited to, the status of being
31 transgender.
32 § 2. Section 804-e of the education law, as added by section one of
33 this act, is amended by adding a new subdivision 4 to read as follows:
34 4. a. There is hereby created a task force to study and make recommen-
35 dations on policies, procedures and best practices for the selection and
36 adoption of inclusive instructional materials.
37 b. The task force shall be composed of eleven members to be appointed
38 as follows:
39 (i) two members shall be appointed by the governor;
40 (ii) two members shall be appointed by the temporary president of the
41 senate;
42 (iii) two members shall be appointed by the speaker of the assembly;
43 (iv) one member shall be appointed by the minority leader of the
44 senate;
45 (v) one member shall be appointed by the minority leader of the assem-
46 bly;
47 (vi) two members shall be appointed by the chancellor of the board of
48 regents; and
49 (vii) one member shall be the commissioner or appointed designee ther-
50 eof who shall serve as chairperson of the task force.
51 c. All appointments to the task force shall be submitted no later than
52 one hundred twenty days after the effective date of this subdivision.
53 Vacancies in the membership of the task force shall be filled within
54 thirty days in the same manner provided for original appointments.
55 Appointed members shall be chosen with due regard to broad ethnic, sexu-
56 al orientation, and gender identity or expression diversity and shall
A. 4375 3
1 have a demonstrated educational background in the history of the poli-
2 tical, economic, and social contributions, and lifeways of lesbian, gay,
3 bisexual, transgender, queer, intersex, and asexual people.
4 d. The members of the task force shall serve without compensation but
5 shall be reimbursed for necessary expenses incurred in the performance
6 of their duties.
7 e. The task force shall study and prepare a report on policies, proce-
8 dures and best practices to provide an inclusive curriculum on the poli-
9 tical, economic, and social contributions, and lifeways of lesbian, gay,
10 bisexual, transgender, queer, intersex, and asexual people. The report
11 prepared by the task force shall be used by school districts and charter
12 schools to create the policies and procedures required pursuant to
13 subdivision two of this section to select instructional materials to
14 implement an inclusive curriculum on the political, economic, and social
15 contributions, and lifeways of lesbian, gay, bisexual, transgender,
16 queer, intersex, and asexual people. The report shall be submitted to
17 the governor, the temporary president of the senate, the speaker of the
18 assembly, the chairperson of the senate committee on education, the
19 chairperson of the senate committee on New York city education, the
20 chairperson of the assembly committee on education, the board of
21 regents, and the commissioner and shall be made available to all school
22 districts and charter schools within the state, no later than one year
23 after all initial appointments to the task force have been made.
24 § 3. This act shall take effect on the first of July next succeeding
25 the date on which it shall have become a law and shall apply to school
26 years commencing on or after such date, provided, however, that the
27 amendments to section 804-e of the education law made by section two of
28 this act shall expire and be deemed repealed two years after such date.
29 Effective immediately, the addition, amendment and/or repeal of any rule
30 or regulation necessary for the implementation of this act on its effec-
31 tive date are authorized to be made and completed on or before such
32 effective date.
