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.
STATE OF NEW YORK
________________________________________________________________________
4604
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08864-01-3
A. 4604 2
1 fied in health, biology, family and consumer science, early childhood
2 education, and childhood education, certified and licensed social work-
3 ers, school nurses, school administrators, school board members, parent
4 teacher association members, others with educational expertise in inti-
5 mate partner violence, sexual assault, reproductive and sexual health
6 care, and serving lesbian, gay, bisexual, transgender and questioning
7 youth. Such program of comprehensive sexuality instruction shall be
8 reviewed periodically by the commissioner in consultation with the
9 commissioner of health, at intervals specified by the commissioner, and
10 updated as necessary.
11 4. The commissioner shall prescribe in regulations such contents and
12 topics to be included in a curriculum of comprehensive sexuality
13 instruction; provided, however, that the curricula need not be uniform
14 throughout the state; and provided further, however, that school
15 districts shall utilize either a curriculum for comprehensive sexuality
16 education instruction prescribed by the commissioner or a curriculum in
17 accordance with the criteria established by the commissioner.
18 5. Upon approval and adoption by the board of regents, the department
19 shall issue guidance to the school districts about the program on
20 comprehensive sexuality instruction and publish on its website model
21 curricula and instructional resources required by this section. School
22 districts shall provide comprehensive sexuality education instruction no
23 later than the school year following the effective date of this section.
24 No later than the second year after the effective date of this section
25 and as necessary thereafter, the commissioner shall conduct a review of
26 district implementation to monitor compliance.
27 6. The boards of education or trustees of the cities and school
28 districts of the state that choose not to adopt the model curriculum
29 approved by the board of regents shall each establish an advisory coun-
30 cil which shall make recommendations to the board of education or trus-
31 tees concerning the curriculum, content, and evaluation of the compre-
32 hensive sexuality education required pursuant to this section. The
33 advisory council shall include, but need not be limited to, members of
34 the school board or trustees, school authorities, a teacher designated
35 by a teacher's collective bargaining organization, other staff, parents,
36 students, and other representatives of the community. The board of
37 education or trustees of a school district shall determine the curric-
38 ulum and content of the program within the school district and shall be
39 responsible for the evaluation of the program within the district and
40 ensuring the program conforms in content and scope to the comprehensive
41 sexuality education program established by the commissioner.
42 7. The board of education and trustees of the cities and school
43 districts of the state shall establish a process by which a parent or
44 guardian of a student may elect for the student not to participate in
45 select lessons regarding HIV/AIDS prevention; provided, however, that
46 such process shall require written notice signed by the student's parent
47 or guardian for each school year.
48 8. As used in this article, "comprehensive sexuality education" means
49 a medically accurate, age-appropriate sequential learning program which
50 addresses physical, mental, emotional and social dimensions of human
51 sexuality, is trauma-responsive and culturally appropriate, incorporates
52 skills-based instruction; provides students with knowledge and skills
53 they need to form relationships that are based on mutual respect and
54 affection and that are free from violence, coercion, and intimidation;
55 and are respectful and inclusive of all students regardless of actual or
56 perceived race, color, weight, national origin, ethnic group, religion,
A. 4604 3
1 religious practice, disability, sexual orientation, or gender as defined
2 in section eleven of this chapter. Comprehensive sexuality education
3 shall include, but is not limited to, age-appropriate instruction on:
4 (i) human anatomy, reproduction, and sexual development; (ii) consent,
5 bodily autonomy, boundary-setting, bullying, and peer pressure; (iii)
6 healthy relationships, including relationships involving diverse sexual
7 orientations and gender identities and prevention of intimate partner
8 violence, sexual violence and sexual harassment; (iv) methods for
9 preventing pregnancy and sexually transmitted infections; (v) gender,
10 gender expression, gender identity, diversity of sex characteristics,
11 and the harms of gender stereotypes; (vi) the relationship between
12 substance use and sexual behavior and health; and (vii) the use of tech-
13 nology and social media in interpersonal relationships.
14 § 2. This act shall take effect on the first of July next succeeding
15 the date on which it shall have become a law.
