A02694 Summary:

BILL NO    A02694 

SAME AS    SAME AS S05897

SPONSOR    Gottfried (MS)

COSPNSR    Dinowitz, Galef, Paulin, Peoples-Stokes, Pretlow, Robinson, Titus,
           Jacobs, Gantt, Jaffee, Magnarelli, Gunther, Kavanagh, Cahill,
           Kellner, Schimel, Scarborough, Quart, Rozic

MLTSPNSR   Brennan, Cook, Crouch, Duprey, Englebright, Glick, Heastie, Hooper,
           Lavine, Lifton, Lupardo, Magee, Millman, Morelle, Ortiz, Perry,
           Ramos, Rivera, Rosenthal, Thiele, Weisenberg, Wright

Add Art 14-A SS1450 - 1457, Pub Health L

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

A02694 Memo:

BILL NUMBER:A2694

TITLE  OF BILL:  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

PURPOSE  OR  GENERAL  IDEA  OF  BILL:    This  bill would establish an
age-appropriate sex education grant program within the  Department  of
Health.  The Department, from amounts annually appropriated, will make
grants  to  school  districts,  boards  of   cooperative   educational
services,    school-based    health   centers,   and   community-based
organizations with  a  proven  history  of  success  in  reaching  the
adolescents of this state, to assist them in conducting a thorough and
comprehensive   education   program   aimed   at  preventing  unwanted
pregnancies and occurrences of  sexually  transmitted  diseases  among
youth.

SUMMARY  OF  SPECIFIC PROVISIONS:   * Section 1 states the legislative
intent of the bill.

* Section 2 states that this act shall be known and may cited  as  the
Healthy Teens Act.

*  Section  3  adds Article 14-A to the Public Health Law to enact the
Age-Appropriate Sex Education Grant Program. Sectioned out in  Article
14-A  are  the  following  components:  definitions; establishment and
general components of the program;  program  awards;  application  for
grants,  and  program  plan;  maintenance of effort; annual reports by
grant  recipients;   notification   to   potential   applicants;   and
regulations.

* Section 4 is a severability clause.

* Section 5 states the effective date of this act.

JUSTIFICATION:    Over  the  past  decade,  teen  pregnancy rates have
declined nationwide, including in New York State.  Unfortunately,  New
York  State  still reported nearly 40,000 teen pregnancies in 2004. In
addition, rates of sexually transmitted diseases  among  teens  remain
dangerously  high.   For example, according to the Centers for Disease
Control, national rates of chlamydia and gonorrhea are  highest  among
15  to 24 year-olds. This is true in New York State as well. Moreover,
specific communities in New York State claim some of the highest  teen
pregnancy and sexually transmitted disease rates in the country. It is
evident that we face a public health crisis in New York State. We must
support  the  creation  of effective programs that provide information
and skills to young people so they can become healthy adults.

The purpose of this  bill  is  two-fold:  to  reduce  both  unintended
pregnancies and occurrences of sexually transmitted diseases among New
York's  youth.  It  is statistically proven that intensive educational
programs, with parent involvement where feasible and appropriate, will
enable young people to make  responsible  decisions  regarding  sexual
activity, and encourage them to protect themselves and their partners.

PRIOR LEGISLATIVE HISTORY:


2003-04: A.8599-A - reported to Ways and Means
2005-06: A.6619-C - passed Assembly
2007-08: A.2856 - passed Assembly
2009: A.1806A - passed Assembly
2010: A.1806A - advanced to third reading
2011-12: A.808 - referred to Health

FISCAL IMPLICATIONS: None noted.

EFFECTIVE  DATE:    This  act  shall take effect immediately and shall
apply to the school year which commences on or after July first in the
year next succeeding the date on which it shall  have  become  a  law,
provided  that  the  Commissioner  of  Health  shall  promulgate  such
regulations as shall be necessary to implement the provisions of  this
act not later than 90 days after such effective date
Go to top

A02694 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2694

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 17, 2013
                                      ___________

       Introduced   by   M.   of   A.   GOTTFRIED,   DINOWITZ,  GALEF,  PAULIN,
         PEOPLES-STOKES,  PRETLOW,  ROBINSON,  TITUS,  JACOBS,  GANTT,  JAFFEE,
         MAGNARELLI,  GUNTHER, KAVANAGH, CAHILL, KELLNER, SCHIMEL, SCARBOROUGH,
         QUART -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,  BRENNAN,  COOK,
         CROUCH,  DUPREY,  ENGLEBRIGHT, GLICK, HEASTIE, HOOPER, LAVINE, LIFTON,
         LUPARDO, MAGEE, MAISEL, MILLMAN, MORELLE, ORTIZ, RAMOS, RIVERA, ROSEN-
         THAL, THIELE, WEISENBERG, WRIGHT -- read  once  and  referred  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. Legislative intent.   The legislature  finds  and  declares
    2  that  New  York  state's teen pregnancy rate, 59.2 per 1000 female 15-19
    3  year olds as compared to the Healthy People 2010 goal of  43  cases  per
    4  1000  female  15-19  year  olds falls far too short of the public health
    5  expectation set by the Surgeon General. New York state had  40,000  teen
    6  pregnancies  in 2006.  In addition, according to the centers for disease
    7  control, 1 in 4 teenage girls  has  a  sexually  transmitted  infection.
    8  This is true in New York state as well.  Current research documents that
    9  individuals  who  receive  early,  comprehensive,  age-appropriate,  and
   10  scientifically accurate education in the health and  other  benefits  of
   11  sexual abstinence, family planning, and birth control are more likely to
   12  delay  sexual  activity  and engage later in such activity with a higher
   13  degree  of  responsibility  and  safety.  Comprehensive  sex   education
   14  programs  which  complement parental involvement and instruction respect
   15  the diversity and values of our state and provide our youth at risk with
   16  the foundation to make responsibly informed choices.  The  earlier  such
   17  programs  are commenced on an age-appropriate curriculum basis, the more
   18  responsible will be the sexual activity decisions.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01587-01-3
       A. 2694                             2

    1    Statistics within New York state communities show an increase in rates
    2  of sexually transmitted diseases among adolescents over the past several
    3  years.  Adolescents are the fastest growing population of  new  HIV/AIDS
    4  cases.  These  increases place greater demand on the state's health care
    5  delivery  system and require that we take immediate action and embark on
    6  a dedicated mission to provide targeted at-risk adolescents with a  more
    7  concentrated  sex  education  program with a significant parental compo-
    8  nent, designed to inform and instruct them on abstinence, protection and
    9  pregnancy prevention.  Approximately 25 percent of new cases of sexually
   10  transmitted diseases each year occur among teenagers and  two-thirds  of
   11  such  new  cases  occur  among persons 15 to 24 years old. By age 24, at
   12  least one in three sexually active persons are estimated to have  had  a
   13  sexually transmitted disease. By way of example, the highest age-specif-
   14  ic gonorrhea rates among women and the third highest rates among men are
   15  in the 15 to 19 year old group.
   16    It  is  the  intent  of  the  legislature that the age-appropriate sex
   17  education grant program established in this act provide at-risk  adoles-
   18  cents  with  the  information,  assistance, skills and support to enable
   19  them to make responsible decisions,  including  abstaining  from  sexual
   20  intercourse  and  for  those  who  do become sexually active, the use of
   21  condoms or contraceptives effectively.
   22    S 2. This act shall be known and may be cited as  the  "healthy  teens
   23  act".
   24    S  3. The public health law is amended by adding a new article 14-A to
   25  read as follows:
   26                                 ARTICLE 14-A
   27                 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
   28  SECTION 1450. DEFINITIONS.
   29          1451. ESTABLISHMENT  OF  AGE-APPROPRIATE  SEX  EDUCATION   GRANT
   30                  PROGRAM; GENERAL COMPONENTS.
   31          1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS.
   32          1453. APPLICATION  FOR  GRANTS;  AGE-APPROPRIATE  SEX  EDUCATION
   33                  GRANT PROGRAM PLAN.
   34          1454. MAINTENANCE OF EFFORT.
   35          1455. ANNUAL REPORTS BY GRANT RECIPIENTS.
   36          1456. NOTIFICATION TO POTENTIAL APPLICANTS.
   37          1457. REGULATIONS.
   38    S 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
   39  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   40    1.  "ELIGIBLE  APPLICANT"  MEANS  (A)  A PUBLIC SCHOOL DISTRICT, (B) A
   41  BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  (C)  A  SCHOOL-BASED  HEALTH
   42  CENTER,  (D)  A  COMMUNITY  BASED ORGANIZATION WHICH MAY BE A FOR-PROFIT
   43  CORPORATION OR ENTITY OR NOT-FOR-PROFIT CORPORATION OR ORGANIZATION,  OR
   44  (E)  A  CONSORTIUM  OR PARTNERSHIP FORMED BY A PUBLIC SCHOOL DISTRICT, A
   45  BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR A  SCHOOL-BASED  HEALTH
   46  CENTER AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES FOR
   47  THE  AWARD OF AN AGE-APPROPRIATE SEX EDUCATION GRANT BY THE COMMISSIONER
   48  UNDER THIS ARTICLE.
   49    2. "GRANT PROGRAM PLAN" MEANS THE PLAN SUBMITTED TO  THE  COMMISSIONER
   50  BY  AN  ELIGIBLE  APPLICANT  UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF
   51  THIS ARTICLE.
   52    3. "STATE INCOME STANDARD" MEANS THE MOST RECENT FEDERAL INCOME  OFFI-
   53  CIAL  POVERTY LINE AS DEFINED ANNUALLY AND REVISED BY THE FEDERAL OFFICE
   54  OF MANAGEMENT AND BUDGET ADJUSTED FOR FAMILY SIZE.
       A. 2694                             3

    1    4. "AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM" MEANS A COMPREHENSIVE
    2  AGE-APPROPRIATE SEX EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT
    3  UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
    4    5.  "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER ARTICLE
    5  TWENTY-EIGHT OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED  UNDER
    6  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER,  WHICH  PROVIDES  PRIMARY CARE
    7  SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING.
    8    S 1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT  PROGRAM;
    9  GENERAL COMPONENTS. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT
   10  AN  AGE-APPROPRIATE  SEX  EDUCATION  GRANT PROGRAM. THE PROGRAM SHALL BE
   11  FORMULATED BY THE COMMISSIONER AFTER CONSULTATION WITH THE  COMMISSIONER
   12  OF  EDUCATION.  THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO
   13  ELIGIBLE APPLICANTS  TO  SUPPORT  AGE-APPROPRIATE  SEX  EDUCATION  GRANT
   14  PROGRAMS FOR YOUNG PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION
   15  IN THE COMPONENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   16    2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL
   17  GRANT  UNDER  SUBDIVISION THREE OF THIS SECTION, SUCH AN APPLICANT SHALL
   18  SUBMIT WITH ITS APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE
   19  OFFERED IN ITS AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM.  THE COMMIS-
   20  SIONER SHALL DETERMINE CERTAIN TOPICS OF INSTRUCTION TO BE OPTIONAL  FOR
   21  AGE-APPROPRIATE  REASONS  AS  SHALL  BE SPECIFIED BY THE COMMISSIONER IN
   22  APPLICATION INSTRUCTIONS  MADE  AVAILABLE  BY  THE  DEPARTMENT  FOR  THE
   23  PURPOSES  OF  IMPLEMENTING THIS ARTICLE.  IT IS NOT NECESSARY TO PROVIDE
   24  EQUAL EMPHASIS ON EACH COMPONENT OF INSTRUCTION, HOWEVER A  PROJECT  MAY
   25  NOT  BE  INCONSISTENT  WITH  ANY  OF THE COMPONENTS.   THE COMPONENTS OF
   26  INSTRUCTION SHALL INCLUDE WHETHER SUCH INSTRUCTION:
   27    (A) IS AGE-APPROPRIATE AND MEDICALLY-ACCURATE;
   28    (B) DOES NOT TEACH OR PROMOTE RELIGION, PROVIDED THAT  THIS  PARAGRAPH
   29  SHALL  NOT  PRECLUDE  DISCUSSION  OF  MORAL,  ETHICAL OR RELIGIOUS VIEWS
   30  RELATED TO SEX OR SEXUAL RELATIONSHIPS;
   31    (C) TEACHES THAT ABSTINENCE IS THE ONLY SURE WAY TO AVOID PREGNANCY OR
   32  SEXUALLY TRANSMITTED DISEASES;
   33    (D) STRESSES THE VALUE OF ABSTINENCE WHILE NOT IGNORING THOSE  ADOLES-
   34  CENTS WHO HAVE HAD OR WHO ARE HAVING SEXUAL INTERCOURSE;
   35    (E) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
   36  ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO PREVENT PREGNANCY;
   37    (F) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF
   38  ALL  CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO REDUCE THE RISK OF
   39  CONTRACTING SEXUALLY TRANSMITTED DISEASES, HIV/AIDS AND OTHER DISEASES;
   40    (G) PROVIDES INFORMATION ABOUT THE VACCINE FOR HUMAN PAPILLOMA  VIRUS,
   41  WHICH MAY PREVENT CERVICAL CANCER, GENITAL WARTS, INFERTILITY, AND OTHER
   42  REPRODUCTIVE  HEALTH PROBLEMS, WHEN ADMINISTERED PRIOR TO BECOMING SEXU-
   43  ALLY ACTIVE;
   44    (H) ENCOURAGES FAMILY COMMUNICATION  ABOUT  SEXUALITY  AMONG  PARENTS,
   45  OTHER ADULT HOUSEHOLD MEMBERS AND CHILDREN;
   46    (I)  TEACHES  SKILLS  TO  MAKE  RESPONSIBLE DECISIONS ABOUT SEXUALITY,
   47  INCLUDING HOW TO AVOID UNWANTED VERBAL, PHYSICAL  AND  SEXUAL  ADVANCES,
   48  AND HOW NOT TO MAKE UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES;
   49    (J)  TEACHES  HOW ALCOHOL AND DRUG USE CAN AFFECT RESPONSIBLE DECISION
   50  MAKING;
   51    (K) HELPS YOUNG PEOPLE TO GAIN KNOWLEDGE ABOUT THE  PHYSICAL,  BIOLOG-
   52  ICAL  AND HORMONAL CHANGES OF ADOLESCENCE AND SUBSEQUENT STAGES OF HUMAN
   53  MATURATION;
   54    (L) DEVELOPS THE KNOWLEDGE AND SKILLS NECESSARY TO ENSURE AND  PROTECT
   55  YOUNG PEOPLE WITH RESPECT TO THEIR SEXUAL AND REPRODUCTIVE HEALTH;
       A. 2694                             4

    1    (M)  ASSISTS  YOUNG  PEOPLE  IN  GAINING  KNOWLEDGE ABOUT THE SPECIFIC
    2  INVOLVEMENT OF, AND RESPONSIBILITY OF BOTH MALES AND FEMALES  IN  SEXUAL
    3  DECISION MAKING;
    4    (N) DEVELOPS HEALTHY ATTITUDES AND VALUES CONCERNING GROWTH AND DEVEL-
    5  OPMENT, BODY IMAGE, GENDER ROLES, SEXUAL ORIENTATION AND OTHER SUBJECTS;
    6    (O)  ENCOURAGES YOUNG PEOPLE TO PRACTICE HEALTHY LIFE SKILLS INCLUDING
    7  GOAL SETTING, DECISION MAKING, NEGOTIATION, AND COMMUNICATION AND STRESS
    8  MANAGEMENT;
    9    (P) PROMOTES SELF-ESTEEM AND POSITIVE INTERPERSONAL SKILLS FOCUSING ON
   10  RELATIONSHIP SKILLS, INCLUDING PLATONIC, ROMANTIC, INTIMATE  AND  FAMILY
   11  RELATIONSHIPS AND INTERACTION AND HOW TO AVOID RELATIONSHIP ABUSE; AND
   12    (Q)  IS  BASED  ON THEORETICAL PROJECTS THAT HAVE BEEN DEMONSTRATED TO
   13  INFLUENCE HEALTH BEHAVIOR.
   14    IT IS NOT NECESSARY FOR THE GRANTEE  TO  ADDRESS  EVERY  COMPONENT  OF
   15  INSTRUCTION,  HOWEVER,  PARAGRAPHS  (A)  AND (B) OF THIS SUBDIVISION ARE
   16  REQUIRED OF ALL APPLICANT PROGRAMS. NO PROGRAM MAY  INCLUDE  INFORMATION
   17  OR MESSAGES THAT CONTRADICT ANY OF THE COMPONENTS.
   18    3.  ANY  ELIGIBLE  APPLICANT  MAY  APPLY FOR, AND UPON APPROVAL OF THE
   19  APPLICATION BY THE COMMISSIONER, SHALL BE AWARDED AN ANNUAL  SEX  EDUCA-
   20  TION  GRANT PROVIDED IT DEMONSTRATES IN THE GRANT PROGRAM PLAN SUBMITTED
   21  TO THE COMMISSIONER THAT:
   22    (A) IT IS CAPABLE OF PROVIDING YOUNG PERSONS  WITH  AN  EFFECTIVE  SEX
   23  EDUCATION  PROGRAM  THAT  SHALL  BE  MEANINGFUL,  SUBSTANTIALLY  INVOLVE
   24  PARENTS AND OTHER ADULTS AS  FEASIBLE  AND  APPROPRIATE,  AND  SHALL  BE
   25  CONDUCTED IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS UNDER THIS
   26  ARTICLE;
   27    (B) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT IT HAS A
   28  PROVEN  RECORD  AND  EXPERIENCE  IN CONDUCTING MEANINGFUL AND SUCCESSFUL
   29  AGE-APPROPRIATE SEX EDUCATION PROGRAMS FOR AT LEAST FIVE YEARS PRIOR  TO
   30  THE  CALENDAR  YEAR IN WHICH APPLICATION FOR THE GRANT IS MADE, AND THAT
   31  IT IS CAPABLE OF PROVIDING AN AGE-APPROPRIATE SEX EDUCATION PROGRAM TO A
   32  BROAD BASED SEGMENT OF THE YOUTH POPULATION WITH  SPECIFIC  EMPHASIS  ON
   33  TARGETED AT-RISK YOUTHS IN SUCH ORGANIZATION'S SERVICE AREA. THE COMMIS-
   34  SIONER MAY SEEK AND HE OR SHE SHALL RECEIVE ANY PERTINENT INFORMATION OR
   35  REQUEST AND RECEIVE RECOMMENDATIONS AS TO SUCH COMMUNITY BASED ORGANIZA-
   36  TION'S  INTERACTIONS  OR  PRIOR  DEALINGS  WITH ANY OTHER STATE OR LOCAL
   37  GOVERNMENTAL ENTITY, INCLUDING, BUT NOT LIMITED TO,  ANY  PUBLIC  SCHOOL
   38  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES IN MAKING THE
   39  DETERMINATION REQUIRED BY THIS PARAGRAPH.
   40    4. ALL MONIES PROVIDED IN GRANTS UNDER THIS ARTICLE SHALL BE IN  ADDI-
   41  TION  TO,  AND  NOT IN LIEU OF, ANY MONEYS HISTORICALLY APPROPRIATED FOR
   42  THE SAME OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET  OR  REDUCE
   43  MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS.
   44    S  1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 1. WITHIN
   45  AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER SHALL BE  AUTHORIZED  TO
   46  GRANT  AWARDS  FOR THE SUPPORT OF APPROVED AGE-APPROPRIATE SEX EDUCATION
   47  GRANT PROGRAMS.
   48    2. GRANTS TO SUPPORT AN APPROVED AGE-APPROPRIATE SEX  EDUCATION  GRANT
   49  PROGRAM  SHALL  BE  AWARDED  ON  A  COMPETITIVE BASIS IN ACCORDANCE WITH
   50  CRITERIA ESTABLISHED BY THE COMMISSIONER.
   51    3. THE DEPARTMENT SHALL,  FROM  WITHIN  AMOUNTS  APPROPRIATED  TO  THE
   52  DEPARTMENT,  UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND PRELIMI-
   53  NARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE AGE-APPROPRIATE  SEX
   54  EDUCATION  GRANT PROGRAM AUTHORIZED BY THIS ARTICLE FOR THE STATE FISCAL
   55  YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE.
       A. 2694                             5

    1    4. NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY  APPRO-
    2  PRIATION IN ANY SINGLE FISCAL YEAR FOR THE AGE-APPROPRIATE SEX EDUCATION
    3  GRANT  PROGRAM  SHALL  BE  ANNUALLY RETAINED BY THE COMMISSIONER FOR THE
    4  ADMINISTRATIVE PURPOSES OF THE DEPARTMENT.
    5    5.  OF  THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE SEX EDUCA-
    6  TION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS MADE BY SUCH
    7  APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE YEARS FOLLOWING
    8  THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE  FOR  PAYMENT
    9  TO  A  NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION WITH EXPERIENCE
   10  IN ANALYZING THE EFFICACY AND BENEFITS OF SEX EDUCATION  GRANT  PROGRAMS
   11  FOR  PURPOSES  OF ENABLING SUCH ORGANIZATION TO EVALUATE THE TOTALITY OF
   12  THE GRANT PROGRAM AND GRANTS AWARDED IN  THE  TWO  YEARS  FOLLOWING  THE
   13  EFFECTIVE  DATE  OF THIS ARTICLE.  SIMILARLY, NOT MORE THAN FOUR PERCENT
   14  OF ANY FUNDS FOR THE STATE FISCAL YEAR COMMENCING FOUR  YEARS  FOLLOWING
   15  THE  EFFECTIVE  DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT
   16  TO THE SAME ORGANIZATION WHICH WAS AWARDED THE INITIAL  CONTRACT  TO  SO
   17  ANALYZE  THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM FOR THE PURPOSE
   18  OF PROVIDING NECESSARY FUNDS TO THEM TO ANALYZE THE AGE-APPROPRIATE  SEX
   19  EDUCATION GRANT PROGRAM FROM ITS INCEPTION THROUGH AND INCLUDING ALL THE
   20  GRANT  YEAR  PERIODS  AUTHORIZED UNDER THIS ARTICLE.  THE CONTRACT TO BE
   21  AWARDED TO SUCH ORGANIZATION SHALL BE  LET  ONLY  AFTER  A  REQUEST  FOR
   22  PROPOSAL HAS BEEN ISSUED BY THE DEPARTMENT IN THE MANNER PROVIDED FOR BY
   23  LAW,  AND  THE  AWARD  OF  SUCH CONTRACT SHALL BE SUBJECT TO COMPETITIVE
   24  BIDDING REQUIREMENTS AS ALSO REQUIRED BY  LAW.    THE  DEPARTMENT  SHALL
   25  INCLUDE  WITHIN THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF EVALUATION
   26  TO BE EMPLOYED BY THE ORGANIZATION TO BE AWARDED THE  BID.  THE  REQUEST
   27  FOR PROPOSAL SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDI-
   28  TIONAL  EVALUATIVE  CRITERIA  THAT  MAY  BE UTILIZED BY THE ORGANIZATION
   29  AWARDED THE BID IF  APPROVED  BY  THE  DEPARTMENT.  NOTWITHSTANDING  ANY
   30  INCONSISTENT  PROVISION  OF  THIS  SUBDIVISION, THE REQUEST FOR PROPOSAL
   31  SHALL INCLUDE A PROVISION AUTHORIZING THE COMMISSIONER TO TERMINATE  THE
   32  AWARDED CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF
   33  THE  SECOND  EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE GRANT PERIOD
   34  AUTHORIZED UNDER THIS ARTICLE IF THE COMMISSIONER IS NOT SATISFIED  WITH
   35  THE  QUALITY  OF  EFFORT DEMONSTRATED BY SUCH BIDDER IN THE FIRST EVALU-
   36  ATION OF THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR  REQUEST  FOR
   37  PROPOSAL  PROCEDURE  SHALL  BE  UTILIZED  FOR  THE PURPOSE OF MAKING THE
   38  SECOND EVALUATION.
   39    6. BEGINNING WITH THE SCHOOL YEAR IN  JULY  TWO  YEARS  FOLLOWING  THE
   40  EFFECTIVE  DATE  OF  THIS ARTICLE AND EVERY SCHOOL YEAR THEREAFTER, FROM
   41  ANY ANNUAL APPROPRIATIONS AND/OR  REAPPROPRIATIONS  MADE  THEREFOR,  THE
   42  COMMISSIONER SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRIATED
   43  (MINUS  ANY  AMOUNTS  NECESSARY  TO  PAY ADJUSTMENT EXPENSES PURSUANT TO
   44  SUBDIVISIONS THREE, FOUR AND FIVE OF THIS SECTION) FOR  THE  PURPOSE  OF
   45  AWARDING  GRANTS  FOR  SEX EDUCATION GRANT PROGRAM PLANS APPROVED BY THE
   46  COMMISSIONER PURSUANT TO SECTION FOURTEEN HUNDRED  FIFTY-THREE  OF  THIS
   47  ARTICLE  TO  BE  CONDUCTED  BY  PUBLIC SCHOOL DISTRICTS AND/OR BOARDS OF
   48  COOPERATIVE EDUCATIONAL SERVICES  INCLUDING  THOSE  PROGRAMS  WHICH  ARE
   49  GOING  TO  BE  CONDUCTED  IN  ACCORDANCE WITH A PROGRAM PLAN PURSUANT TO
   50  CONSORTIUMS OR PARTNERSHIPS FORMED BY A PUBLIC  SCHOOL  DISTRICT  AND/OR
   51  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND A SCHOOL-BASED HEALTH
   52  CENTER OR ONE OR MORE COMMUNITY BASED ORGANIZATIONS. PRIORITY,  SUBSTAN-
   53  TIAL  CONSIDERATION  AND WEIGHT SHALL BE ACCORDED BY THE COMMISSIONER IN
   54  THE AWARDING OF GRANTS TO SUCH CONSORTIUMS OR  PARTNERSHIPS.  SIMILARLY,
   55  THE  COMMISSIONER SHALL SET ASIDE TWENTY PER CENTUM OF ANY APPROPRIATION
   56  FOR THE PURPOSE OF AWARDING GRANTS  FOR  AGE-APPROPRIATE  SEX  EDUCATION
       A. 2694                             6

    1  GRANT PROGRAM PLANS APPROVED BY THE COMMISSIONER FOR ELIGIBLE APPLICANTS
    2  WHO  ARE  COMMUNITY  BASED  ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS
    3  WHICH ARE NOT CONDUCTING SUCH PROGRAM AS PART OF A CONSORTIUM  OR  PART-
    4  NERSHIP.
    5    7.  IN  MAKING  GRANTS UNDER THIS ARTICLE, THE COMMISSIONER SHALL ALSO
    6  GIVE SPECIAL CONSIDERATION AND WEIGHT TO: (A)  THE  NUMBER  OF  REPORTED
    7  ADOLESCENT  PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVI-
    8  OUS TEN YEARS AND THE NUMBER  OF  ADOLESCENT  PARENTS,  INCLUDING  WHERE
    9  FEASIBLE,  THE  NUMBER  OF  SINGLE PARENTS, WHO CURRENTLY RESIDE IN SUCH
   10  AREA, (B) THE NUMBER OF REPORTED  OCCURRENCES  OF  SEXUALLY  TRANSMITTED
   11  DISEASES  AND  HIV/AIDS  AMONG  RESIDENTS OF THE AREA TO BE SERVED, WITH
   12  PARTICULAR EMPHASIS ON HIV/AIDS, (C) THE NUMBER OF PERSONS  RESIDING  IN
   13  THE  AREA  TO  BE  SERVED  WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE
   14  HUNDRED FIFTY PERCENT OF THE ESTABLISHED STATE INCOME  STANDARD  OR  WHO
   15  PARTICIPATE  IN  THE  FREE AND REDUCED PRICE LUNCH PROGRAM AS DEFINED IN
   16  SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION  LAW,
   17  AND  ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT
   18  THE AREA TO BE SERVED IS ECONOMICALLY OR  OTHERWISE  DISADVANTAGED,  (D)
   19  THE HIGH SCHOOL DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION
   20  DEPARTMENT, AND (E) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH
   21  INDICATES  THAT  THE  AREA TO BE SERVED IS IN NEED OF AN AGE-APPROPRIATE
   22  SEX EDUCATION PROGRAM.
   23    S 1453. APPLICATION FOR GRANTS; AGE-APPROPRIATE  SEX  EDUCATION  GRANT
   24  PROGRAM  PLAN. 1. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION PROCE-
   25  DURE BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS
   26  ARTICLE, AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE  CRITE-
   27  RIA  CONSISTENT WITH THIS ARTICLE BY WHICH THE COMMISSIONER SHALL DETER-
   28  MINE THE ELIGIBILITY OF AN APPLICANT.
   29    2. THE ELIGIBLE APPLICANT SHALL SUBMIT WITH  ITS  AGE-APPROPRIATE  SEX
   30  EDUCATION  GRANT APPLICATION ITS GRANT PROGRAM PLAN TO THE COMMISSIONER,
   31  WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED AGE-APPROPRI-
   32  ATE SEX EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO:
   33    (A) THE MANNER IN WHICH PARENTS AND OTHER ADULTS WILL BE  INCLUDED  IN
   34  THE PROGRAM;
   35    (B) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI-
   36  CANT'S  PROGRAM, INCLUDING THE INSTRUCTIONAL MATERIALS, BOOKS, VIDEOS OR
   37  OTHER INSTRUCTIONAL TOOLS TO BE USED AND  THE  TRAINING  WHICH  WILL  BE
   38  PROVIDED  TO  TEACHERS,  PERSONNEL  AND  VOLUNTEERS WHO WILL CONDUCT THE
   39  PROGRAM. SUCH CURRICULUM SHALL INCLUDE, BUT NEED NOT BE  LIMITED  TO,  A
   40  COMPREHENSIVE  BLOCK OF INSTRUCTION THAT STRESSES ABSTINENCE AS THE MOST
   41  EFFECTIVE AND APPROPRIATE PROTECTION AGAINST HIV/AIDS AND PREGNANCY  AND
   42  WHICH CONTAINS WRITTEN AND ORAL INSTRUCTION ON THE PREVENTION OF SEXUAL-
   43  LY TRANSMITTED DISEASES. THE OTHER CORE ELEMENTS SHALL SATISFY A SIGNIF-
   44  ICANT  NUMBER  OF, OR PREFERABLY ALL OF, THE COMPONENTS OF AN AGE-APPRO-
   45  PRIATE SEX EDUCATION GRANT PROGRAM AS ESTABLISHED  IN  SECTION  FOURTEEN
   46  HUNDRED FIFTY-ONE OF THIS ARTICLE;
   47    (C) ANY SPECIAL, OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA-
   48  TION METHODS TO BE UTILIZED;
   49    (D)  THE  NUMBER  AND  TYPES  OF  TEACHING  OR  OTHER  PERSONNEL TO BE
   50  EMPLOYED, OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL  OR
   51  ACADEMIC CREDENTIALS;
   52    (E)  THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE OFFERED
   53  AND A DESCRIPTION OF THE CATEGORIES AND AGE GROUPINGS OF AT-RISK ADOLES-
   54  CENTS INCLUDED IN SUCH PROGRAM, ALONG WITH AN ESTIMATE OF THE NUMBER  OF
   55  ADOLESCENTS  WHO  THE  APPLICANT  ESTIMATES  WILL  PARTICIPATE  IN  SUCH
   56  PROGRAM;
       A. 2694                             7

    1    (F) A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS  OF
    2  COURSE LENGTH AND IN TERMS OF BOTH SHORT TERM AND LONG-RANGE GOALS;
    3    (G)  THE  NEED  FOR SUCH PROGRAM IN THE PROPOSED AREA TO BE SERVED. IN
    4  DETERMINING SUCH NEED THE COMMISSIONER SHALL SPECIFICALLY  CONSIDER  THE
    5  FOLLOWING FACTORS AND GIVE SPECIAL ATTENTION TO PROGRAMS SERVICING AREAS
    6  WHICH HAVE A HIGHER THAN AVERAGE INCIDENCE IN ONE OR MORE OF THE FOLLOW-
    7  ING  ENUMERATED  LIFE EXPERIENCES: (I) THE NUMBER OF REPORTED ADOLESCENT
    8  PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVIOUS TEN YEARS
    9  AND THE NUMBER OF ADOLESCENT  PARENTS,  INCLUDING  WHERE  FEASIBLE,  THE
   10  NUMBER  OF  SINGLE  PARENTS, WHO CURRENTLY RESIDE IN SUCH AREA, (II) THE
   11  NUMBER OF REPORTED OCCURRENCES  OF  SEXUALLY  TRANSMITTED  DISEASES  AND
   12  HIV/AIDS  AMONG  RESIDENTS  OF  THE  AREA  TO BE SERVED, WITH PARTICULAR
   13  EMPHASIS ON HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN  THE  AREA
   14  TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE HUNDRED FIFTY
   15  PERCENT  OF  THE ESTABLISHED STATE INCOME STANDARD OR WHO PARTICIPATE IN
   16  THE FREE OR REDUCED PRICE LUNCH PROGRAM AS DEFINED IN SUBDIVISION ONE OF
   17  SECTION THIRTY-SIX HUNDRED TWO OF  THE  EDUCATION  LAW,  AND  ANY  OTHER
   18  GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT THE AREA TO BE
   19  SERVED  IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) THE HIGH SCHOOL
   20  DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION DEPARTMENT, AND
   21  (V) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES  THAT
   22  THE  AREA  TO  BE  SERVED IS IN NEED OF AN AGE-APPROPRIATE SEX EDUCATION
   23  PROGRAM;
   24    (H) THE SUCCESS REALIZED BY AN ELIGIBLE APPLICANT IN REDUCING UNWANTED
   25  PREGNANCIES AND CASES OF  SEXUALLY  TRANSMITTED  DISEASES,  AS  WELL  AS
   26  REDUCING RISK BEHAVIOR, IN PROGRAMS PREVIOUSLY, OR CURRENTLY, CONDUCTED;
   27  AND
   28    (I) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUEST.
   29    3.  IN  CONSIDERING APPLICATIONS SUBMITTED BY ELIGIBLE APPLICANTS, THE
   30  COMMISSIONER SHALL GIVE SPECIAL ATTENTION, AND GRANT PRIORITY TO  APPLI-
   31  CATIONS  SUBMITTED  BY  AN  ELIGIBLE  APPLICANT WHICH IS A PUBLIC SCHOOL
   32  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WORKING IN CONSOR-
   33  TIUM OR PARTNERSHIP WITH ONE OR MORE COMMUNITY  BASED  ORGANIZATIONS  OR
   34  SCHOOL-BASED HEALTH CENTERS, ESPECIALLY WHERE THE COMMUNITY BASED ORGAN-
   35  IZATION, ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS HAS A DEMONSTRATED
   36  RECORD  OF SUCCESS IN THE CONDUCT OF SEX EDUCATION PROGRAMS OF A SIMILAR
   37  NATURE TO THE SEX EDUCATION PROGRAM PROVIDED FOR IN THIS ARTICLE.
   38    S 1454. MAINTENANCE OF EFFORT. ANY MONIES MADE AVAILABLE TO AN  ELIGI-
   39  BLE APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS
   40  PREVIOUSLY  EXPENDED  FOR  THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR,
   41  BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI-
   42  BLE APPLICANT SHALL REDUCE ANY SUBSEQUENT YEARS'  EXPENDITURES  FOR  THE
   43  SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE
   44  IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS ARTICLE.
   45    S  1455.  ANNUAL REPORTS BY GRANT RECIPIENTS. 1. EVERY ELIGIBLE APPLI-
   46  CANT THAT HAS BEEN AWARDED A GRANT UNDER  THIS  ARTICLE  SHALL  FILE  AN
   47  ANNUAL  REPORT WITH THE COMMISSIONER, IN SUCH FORM AND WITH SUCH DATA AS
   48  THE COMMISSIONER PRESCRIBES DETAILING THE EXPENDITURE  OF  GRANT  FUNDS,
   49  TOGETHER  WITH  AN  ANALYSIS  OF THE AGE-APPROPRIATE SEX EDUCATION GRANT
   50  PROGRAM IT CONDUCTED, WITH A SUMMARY  OF  ITS  SUCCESS  OR  FAILURES  IN
   51  ALTERING  ATTITUDES REGARDING THE MERITS OF SEXUAL ABSTINENCE AS WELL AS
   52  IN PREVENTING UNWANTED PREGNANCIES, SEXUALLY  TRANSMITTED  DISEASES  AND
   53  HIV/AIDS.
   54    2.  THE  COMMISSIONER  SHALL ON OR BEFORE FEBRUARY FIRST IN EACH YEAR,
   55  SUBMIT A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY  PRESIDENT
   56  OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY CONTAINING HIS OR HER
       A. 2694                             8

    1  FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR
    2  AND THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE  RESPEC-
    3  TIVELY,  THE  COMMISSIONER  SHALL  ALSO  INCLUDE  THE  EVALUATION OF THE
    4  PROGRAM  AS  PRESENTED BY THE ACCREDITED ORGANIZATION IN ACCORDANCE WITH
    5  SECTION FOURTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
    6    S 1456. NOTIFICATION TO POTENTIAL APPLICANTS. THE  COMMISSIONER  SHALL
    7  TIMELY  SEND  TO  EVERY  PUBLIC SCHOOL DISTRICT AND BOARD OF COOPERATIVE
    8  EDUCATIONAL SERVICES AND TO EVERY REQUESTING COMMUNITY  BASED  ORGANIZA-
    9  TION  OR  SCHOOL-BASED  HEALTH CENTER A COPY OF THIS ARTICLE AND GENERAL
   10  INFORMATION RELATING TO THE AGE-APPROPRIATE SEX EDUCATION GRANT  PROGRAM
   11  AND THE APPLICATION PROCESS THEREFOR.
   12    S  1457. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS
   13  SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
   14  CLE.
   15    S 4. Severability.  If any provision of this act, or  any  application
   16  of  any  provision  of  this  act, is held to be invalid, that shall not
   17  affect the validity or effectiveness of any other provision of this act,
   18  or of any other application of any provision of this act.
   19    S 5. This act shall take effect immediately.
Go to top
Page display time = 0.2038 sec