Bill Text: NY S01030 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes an age-appropriate sex education grant program through the department of health conducted by an eligible applicant; authorizes the commissioner to determine certain topics of instruction and makes provisions for the application of grants.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S01030 Detail]

Download: New_York-2019-S01030-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1030
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 10, 2019
                                       ___________
        Introduced  by  Sens. RIVERA, HOYLMAN, KAVANAGH, KRUEGER, PARKER -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Health
        AN  ACT  to amend the public health law, in relation to establishing the
          age-appropriate sex education grant program, to be referred to as  the
          healthy teens act
          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 "healthy teens act".
     3    §  2. The public health law is amended by adding a new article 14-A to
     4  read as follows:
     5                                 ARTICLE 14-A
     6                 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
     7  Section 1450. Definitions.
     8          1451. Establishment  of  age-appropriate  sex  education   grant
     9                  program; general components.
    10          1452. Age-appropriate sex education grant program awards.
    11          1453. Application  for  grants;  age-appropriate  sex  education
    12                  grant program plan.
    13          1454. Maintenance of effort.
    14          1455. Annual reports by grant recipients.
    15          1456. Notification to potential applicants.
    16          1457. Regulations.
    17    § 1450. Definitions. For the purposes of this article,  the  following
    18  terms shall have the following meanings:
    19    1.  "Eligible  applicant"  means  (a)  a public school district, (b) a
    20  board of cooperative educational services,  (c)  a  school-based  health
    21  center,  (d)  a  community  based organization which may be a for-profit
    22  corporation or entity or not-for-profit corporation or organization,  or
    23  (e)  a  consortium  or partnership formed by a public school district, a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03388-01-9

        S. 1030                             2
     1  board of cooperative educational services and/or a  school-based  health
     2  center and one or more community based organizations which qualifies for
     3  the  award of an age-appropriate sex education grant by the commissioner
     4  under this article.
     5    2.  "Grant  program plan" means the plan submitted to the commissioner
     6  by an eligible applicant under section  fourteen  hundred  fifty-one  of
     7  this article.
     8    3.  "State income standard" means the most recent federal income offi-
     9  cial poverty line as defined annually and revised by the federal  office
    10  of management and budget adjusted for family size.
    11    4. "Age-appropriate sex education grant program" means a comprehensive
    12  age-appropriate sex education program conducted by an eligible applicant
    13  under section fourteen hundred fifty-one of this article.
    14    5.  "School-based health center" means a clinic licensed under article
    15  twenty-eight of this chapter, or sponsored by a facility licensed  under
    16  article  twenty-eight  of  this  chapter,  which  provides  primary care
    17  services within an elementary or secondary public school setting.
    18    § 1451. Establishment of age-appropriate sex education grant  program;
    19  general components. 1. There is hereby established within the department
    20  an  age-appropriate  sex  education  grant program. The program shall be
    21  formulated by the commissioner after consultation with the  commissioner
    22  of  education.  The purpose of the program shall be to provide grants to
    23  eligible applicants  to  support  age-appropriate  sex  education  grant
    24  programs for young people which provides them with topics of instruction
    25  in the components set forth in subdivision two of this section.
    26    2. In order for an eligible applicant to receive an award of an annual
    27  grant  under  subdivision three of this section, such an applicant shall
    28  submit with its application the components of instruction which shall be
    29  offered in its age-appropriate sex education grant program.  The commis-
    30  sioner shall determine certain topics of instruction to be optional  for
    31  age-appropriate  reasons  as  shall  be specified by the commissioner in
    32  application instructions  made  available  by  the  department  for  the
    33  purposes  of  implementing this article.  It is not necessary to provide
    34  equal emphasis on each component of instruction, however a  project  may
    35  not  be  inconsistent  with  any  of the components.   The components of
    36  instruction shall include whether such instruction:
    37    (a) is age-appropriate and medically-accurate;
    38    (b) does not teach or promote religion, provided that  this  paragraph
    39  shall  not  preclude  discussion  of  moral,  ethical or religious views
    40  related to sex or sexual relationships;
    41    (c) teaches that abstinence is the only sure way to avoid pregnancy or
    42  sexually transmitted diseases;
    43    (d) stresses the value of abstinence while not ignoring those  adoles-
    44  cents who have had or who are having sexual intercourse;
    45    (e) provides information about the health benefits and side effects of
    46  all contraceptives and barrier methods as a means to prevent pregnancy;
    47    (f) provides information about the health benefits and side effects of
    48  all  contraceptives and barrier methods as a means to reduce the risk of
    49  contracting sexually transmitted diseases, HIV/AIDS and other diseases;
    50    (g) provides information about the vaccine for human papilloma  virus,
    51  which may prevent cervical cancer, genital warts, infertility, and other
    52  reproductive  health problems, when administered prior to becoming sexu-
    53  ally active;
    54    (h) encourages family communication  about  sexuality  among  parents,
    55  other adult household members and children;

        S. 1030                             3
     1    (i)  teaches  skills  to  make  responsible decisions about sexuality,
     2  including how to avoid unwanted verbal, physical  and  sexual  advances,
     3  and how not to make unwanted verbal, physical and sexual advances;
     4    (j)  teaches  how alcohol and drug use can affect responsible decision
     5  making;
     6    (k) helps young people to gain knowledge about the  physical,  biolog-
     7  ical  and hormonal changes of adolescence and subsequent stages of human
     8  maturation;
     9    (l) develops the knowledge and skills necessary to ensure and  protect
    10  young people with respect to their sexual and reproductive health;
    11    (m)  assists  young  people  in  gaining  knowledge about the specific
    12  involvement of, and responsibility of both males and females  in  sexual
    13  decision making;
    14    (n) develops healthy attitudes and values concerning growth and devel-
    15  opment, body image, gender roles, sexual orientation and other subjects;
    16    (o)  encourages young people to practice healthy life skills including
    17  goal setting, decision making, negotiation, and communication and stress
    18  management;
    19    (p) promotes self-esteem and positive interpersonal skills focusing on
    20  relationship skills, including platonic, romantic, intimate  and  family
    21  relationships and interaction and how to avoid relationship abuse; and
    22    (q)  is  based  on theoretical projects that have been demonstrated to
    23  influence health behavior.
    24    It is not necessary for the grantee  to  address  every  component  of
    25  instruction,  however,  paragraphs  (a)  and (b) of this subdivision are
    26  required of all applicant programs. No program may  include  information
    27  or messages that contradict any of the components.
    28    3.  Any  eligible  applicant  may  apply for, and upon approval of the
    29  application by the commissioner, shall be awarded an annual  sex  educa-
    30  tion  grant provided it demonstrates in the grant program plan submitted
    31  to the commissioner that:
    32    (a) it is capable of providing young persons  with  an  effective  sex
    33  education  program  that  shall  be  meaningful,  substantially  involve
    34  parents and other adults as  feasible  and  appropriate,  and  shall  be
    35  conducted in accordance with this article and any regulations under this
    36  article;
    37    (b) if such applicant is a community based organization, that it has a
    38  proven  record  and  experience  in conducting meaningful and successful
    39  age-appropriate sex education programs for at least five years prior  to
    40  the  calendar  year in which application for the grant is made, and that
    41  it is capable of providing an age-appropriate sex education program to a
    42  broad based segment of the youth population with  specific  emphasis  on
    43  targeted at-risk youths in such organization's service area. The commis-
    44  sioner may seek and he or she shall receive any pertinent information or
    45  request and receive recommendations as to such community based organiza-
    46  tion's  interactions  or  prior  dealings  with any other state or local
    47  governmental entity, including, but not limited to,  any  public  school
    48  district  or  board  of  cooperative  educational services in making the
    49  determination required by this paragraph.
    50    4. All monies provided in grants under this article shall be in  addi-
    51  tion  to,  and  not in lieu of, any moneys historically appropriated for
    52  the same or similar purposes and shall not be used to offset  or  reduce
    53  moneys previously expended for similar programs.
    54    §  1452. Age-appropriate sex education grant program awards. 1. Within
    55  amounts appropriated therefor, the commissioner shall be  authorized  to

        S. 1030                             4
     1  grant  awards  for the support of approved age-appropriate sex education
     2  grant programs.
     3    2.  Grants  to support an approved age-appropriate sex education grant
     4  program shall be awarded on  a  competitive  basis  in  accordance  with
     5  criteria established by the commissioner.
     6    3.  The  department  shall,  from  within  amounts appropriated to the
     7  department, undertake all activities necessary to plan for and  prelimi-
     8  narily  provide for the timely implementation of the age-appropriate sex
     9  education grant program authorized by this article for the state  fiscal
    10  year commencing one year following the effective date of this article.
    11    4.  Not more than five percent of any amounts made available by appro-
    12  priation in any single fiscal year for the age-appropriate sex education
    13  grant program shall be annually retained by  the  commissioner  for  the
    14  administrative purposes of the department.
    15    5.  Of  the amounts made available by appropriation for the sex educa-
    16  tion grant program, not more than five percent of any funds made by such
    17  appropriation for the state fiscal year commencing three years following
    18  the effective date of this article shall be made available  for  payment
    19  to  a  nationally recognized and accredited organization with experience
    20  in analyzing the efficacy and benefits of sex education  grant  programs
    21  for  purposes  of enabling such organization to evaluate the totality of
    22  the grant program and grants awarded in  the  two  years  following  the
    23  effective  date  of this article.  Similarly, not more than four percent
    24  of any funds for the state fiscal year commencing four  years  following
    25  the  effective  date of this article shall be made available for payment
    26  to the same organization which was awarded the initial  contract  to  so
    27  analyze  the age-appropriate sex education grant program for the purpose
    28  of providing necessary funds to them to analyze the age-appropriate  sex
    29  education grant program from its inception through and including all the
    30  grant  year  periods  authorized under this article.  The contract to be
    31  awarded to such organization shall be  let  only  after  a  request  for
    32  proposal has been issued by the department in the manner provided for by
    33  law,  and  the  award  of  such contract shall be subject to competitive
    34  bidding requirements as also required by  law.    The  department  shall
    35  include  within the request for proposal detailed criteria of evaluation
    36  to be employed by the organization to be awarded the  bid.  The  request
    37  for proposal shall also allow for a bidding organization to submit addi-
    38  tional  evaluative  criteria  that  may  be utilized by the organization
    39  awarded the bid if  approved  by  the  department.  Notwithstanding  any
    40  inconsistent  provision  of  this  subdivision, the request for proposal
    41  shall include a provision authorizing the commissioner to terminate  the
    42  awarded contract to the successful bidder with respect to the conduct of
    43  the  second  evaluation of the grant program for the entire grant period
    44  authorized under this article if the commissioner is not satisfied  with
    45  the  quality  of  effort demonstrated by such bidder in the first evalu-
    46  ation of the grant program period. In such case, a similar  request  for
    47  proposal  procedure  shall  be  utilized  for  the purpose of making the
    48  second evaluation.
    49    6. Beginning with the school year in  July  two  years  following  the
    50  effective  date  of  this article and every school year thereafter, from
    51  any annual appropriations and/or  reappropriations  made  therefor,  the
    52  commissioner shall set aside eighty percent of the money so appropriated
    53  (minus  any  amounts  necessary  to  pay adjustment expenses pursuant to
    54  subdivisions three, four and five of this section) for  the  purpose  of
    55  awarding  grants  for  sex education grant program plans approved by the
    56  commissioner pursuant to section fourteen hundred  fifty-three  of  this

        S. 1030                             5
     1  article  to  be  conducted  by  public school districts and/or boards of
     2  cooperative educational services  including  those  programs  which  are
     3  going  to  be  conducted  in  accordance with a program plan pursuant to
     4  consortiums  or  partnerships  formed by a public school district and/or
     5  board of cooperative educational  services  and  a  school-based  health
     6  center  or one or more community based organizations. Priority, substan-
     7  tial consideration and weight shall be accorded by the  commissioner  in
     8  the  awarding  of grants to such consortiums or partnerships. Similarly,
     9  the commissioner shall set aside twenty per centum of any  appropriation
    10  for  the  purpose  of  awarding grants for age-appropriate sex education
    11  grant program plans approved by the commissioner for eligible applicants
    12  who are community based organizations  or  school-based  health  centers
    13  which  are  not conducting such program as part of a consortium or part-
    14  nership.
    15    7. In making grants under this article, the  commissioner  shall  also
    16  give  special  consideration  and  weight to: (a) the number of reported
    17  adolescent pregnancies by persons residing in such area over the  previ-
    18  ous  ten  years  and  the  number of adolescent parents, including where
    19  feasible, the number of single parents, who  currently  reside  in  such
    20  area,  (b)  the  number  of reported occurrences of sexually transmitted
    21  diseases and HIV/AIDS among residents of the area  to  be  served,  with
    22  particular  emphasis  on HIV/AIDS, (c) the number of persons residing in
    23  the area to be served whose annual personal  income  is  less  than  one
    24  hundred  fifty  percent  of the established state income standard or who
    25  participate in the free and reduced price lunch program  as  defined  in
    26  subdivision  one of section thirty-six hundred two of the education law,
    27  and any other generally available statistical data which indicates  that
    28  the  area  to  be served is economically or otherwise disadvantaged, (d)
    29  the high school drop out rate in the area as determined by the education
    30  department, and (e) any other generally available statistical data which
    31  indicates that the area to be served is in need  of  an  age-appropriate
    32  sex education program.
    33    §  1453.  Application  for grants; age-appropriate sex education grant
    34  program plan. 1. The commissioner shall establish an application  proce-
    35  dure by which eligible applicants may apply for a grant pursuant to this
    36  article,  and the manner and method including specified objective crite-
    37  ria consistent with this article by which the commissioner shall  deter-
    38  mine the eligibility of an applicant.
    39    2.  The  eligible  applicant shall submit with its age-appropriate sex
    40  education grant application its grant program plan to the  commissioner,
    41  which shall include a detailed description of the proposed age-appropri-
    42  ate sex education program, including but not limited to:
    43    (a)  the  manner in which parents and other adults will be included in
    44  the program;
    45    (b) an outline for the curriculum to be covered in the eligible appli-
    46  cant's program, including the instructional materials, books, videos  or
    47  other  instructional  tools  to  be  used and the training which will be
    48  provided to teachers, personnel and  volunteers  who  will  conduct  the
    49  program.  Such  curriculum  shall include, but need not be limited to, a
    50  comprehensive block of instruction that stresses abstinence as the  most
    51  effective  and appropriate protection against HIV/AIDS and pregnancy and
    52  which contains written and oral instruction on the prevention of sexual-
    53  ly transmitted diseases. The other core elements shall satisfy a signif-
    54  icant number of, or preferably all of, the components of  an  age-appro-
    55  priate  sex  education  grant program as established in section fourteen
    56  hundred fifty-one of this article;

        S. 1030                             6
     1    (c) any special, or unusual or innovative services, programs or educa-
     2  tion methods to be utilized;
     3    (d)  the  number  and  types  of  teaching  or  other  personnel to be
     4  employed, or volunteers to be used, together with their professional  or
     5  academic credentials;
     6    (e)  the geographic area in which the proposed program will be offered
     7  and a description of the categories and age groupings of at-risk adoles-
     8  cents included in such program, along with an estimate of the number  of
     9  adolescents  who  the  applicant  estimates  will  participate  in  such
    10  program;
    11    (f) a demonstration that the proposed program is adequate in terms  of
    12  course length and in terms of both short term and long-range goals;
    13    (g)  the  need  for such program in the proposed area to be served. In
    14  determining such need the commissioner shall specifically  consider  the
    15  following factors and give special attention to programs servicing areas
    16  which have a higher than average incidence in one or more of the follow-
    17  ing  enumerated  life experiences: (i) the number of reported adolescent
    18  pregnancies by persons residing in such area over the previous ten years
    19  and the number of adolescent  parents,  including  where  feasible,  the
    20  number  of  single  parents, who currently reside in such area, (ii) the
    21  number of reported occurrences  of  sexually  transmitted  diseases  and
    22  HIV/AIDS  among  residents  of  the  area  to be served, with particular
    23  emphasis on HIV/AIDS, (iii) the number of persons residing in  the  area
    24  to be served whose annual personal income is less than one hundred fifty
    25  percent  of  the established state income standard or who participate in
    26  the free or reduced price lunch program as defined in subdivision one of
    27  section thirty-six hundred two of  the  education  law,  and  any  other
    28  generally available statistical data which indicates that the area to be
    29  served  is economically or otherwise disadvantaged, (iv) the high school
    30  drop out rate in the area as determined by the education department, and
    31  (v) any other generally available statistical data which indicates  that
    32  the  area  to  be  served is in need of an age-appropriate sex education
    33  program;
    34    (h) the success realized by an eligible applicant in reducing unwanted
    35  pregnancies and cases of  sexually  transmitted  diseases,  as  well  as
    36  reducing risk behavior, in programs previously, or currently, conducted;
    37  and
    38    (i) any other information as the commissioner may request.
    39    3.  In  considering applications submitted by eligible applicants, the
    40  commissioner shall give special attention, and grant priority to  appli-
    41  cations  submitted  by  an  eligible  applicant which is a public school
    42  district or board of cooperative educational services working in consor-
    43  tium or partnership with one or more community  based  organizations  or
    44  school-based health centers, especially where the community based organ-
    45  ization, organizations or school-based health centers has a demonstrated
    46  record  of success in the conduct of sex education programs of a similar
    47  nature to the sex education program provided for in this article.
    48    § 1454. Maintenance of effort. Any monies made available to an  eligi-
    49  ble applicant shall not be used to offset or reduce the amount of moneys
    50  previously  expended  for  the same or similar programs in a prior year,
    51  but shall be used to supplement any prior years' expenditures. No eligi-
    52  ble applicant shall reduce any subsequent years'  expenditures  for  the
    53  same or similar programs as a result of receiving any grant, or increase
    54  in the amount of any prior awarded grant, pursuant to this article.
    55    §  1455.  Annual reports by grant recipients. 1. Every eligible appli-
    56  cant that has been awarded a grant under  this  article  shall  file  an

        S. 1030                             7
     1  annual  report with the commissioner, in such form and with such data as
     2  the commissioner prescribes detailing the expenditure  of  grant  funds,
     3  together  with  an  analysis  of the age-appropriate sex education grant
     4  program  it  conducted,  with  a  summary  of its success or failures in
     5  altering attitudes regarding the merits of sexual abstinence as well  as
     6  in  preventing  unwanted  pregnancies, sexually transmitted diseases and
     7  HIV/AIDS.
     8    2. The commissioner shall on or before February first  in  each  year,
     9  submit  a report on the program to the governor, the temporary president
    10  of the senate and the speaker of the  assembly  containing  his  or  her
    11  findings and recommendations. In the report submitted in the fourth year
    12  and  the sixth year following the effective date of this article respec-
    13  tively, the commissioner  shall  also  include  the  evaluation  of  the
    14  program  as  presented by the accredited organization in accordance with
    15  section fourteen hundred fifty-two of this article.
    16    § 1456. Notification to potential applicants. The  commissioner  shall
    17  timely  send  to  every  public school district and board of cooperative
    18  educational services and to every requesting community  based  organiza-
    19  tion  or  school-based  health center a copy of this article and general
    20  information relating to the age-appropriate sex education grant  program
    21  and the application process therefor.
    22    §  1457. Regulations. The commissioner shall promulgate regulations as
    23  shall be reasonably necessary to effectuate the provisions of this arti-
    24  cle.
    25    § 3. Severability.  If any provision of this act, or  any  application
    26  of  any  provision  of  this  act, is held to be invalid, that shall not
    27  affect the validity or effectiveness of any other provision of this act,
    28  or of any other application of any provision of this act.
    29    § 4. This act shall take effect immediately.
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