Bill Text: NY A10296 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to mandating education in consent in schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-15 - referred to education [A10296 Detail]

Download: New_York-2019-A10296-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10296

                   IN ASSEMBLY

                                     April 15, 2020
                                       ___________

        Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law, in relation to mandating education in
          consent in schools with a sex education curriculum

          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 817 to
     2  read as follows:
     3    §  817. Consent education. 1. The commissioner shall create and estab-
     4  lish a comprehensive, age-appropriate sexual consent  education  curric-
     5  ulum  which  shall  be taught in grades six through twelve in all public
     6  and charter schools that currently teach  a  sex  education  curriculum.
     7  Such consent education curriculum shall include that a person:
     8    (a)  consents to sexual activity by providing a freely given agreement
     9  to such activity;
    10    (b) who consents to one particular sexual activity  does  not  provide
    11  consent to other types of sexual activities;
    12    (c)  does not provide consent by failing to express verbal or physical
    13  resistance to sexual advances;
    14    (d) does not consent to sexual activity by dressing in any manner;
    15    (e) who has consented to past sexual activity has not provided consent
    16  to future sexual activity;
    17    (f) can withdraw consent at any time; and
    18    (g) cannot consent to sexual activity if  that  person  is  unable  to
    19  understand  the  nature  of  the activity or give knowing consent due to
    20  certain circumstances that include, but are  not  limited  to:  (i)  the
    21  person is incapacitated due to the use or influence of alcohol or drugs,
    22  (ii)  the  person is asleep or unconscious, (iii) the person is a minor,
    23  or (iv) the person is incapacitated due to a mental disability.
    24    2. The education curriculum established pursuant to subdivision one of
    25  this section shall be made available to all public and  charter  schools
    26  that currently teach a sex education curriculum within six months of the
    27  effective  date of this section, and each school shall develop a plan to
    28  incorporate such curriculum within one year of  the  effective  date  of
    29  this section.
    30    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10662-04-9