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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2694
SPONSOR: Gottfried (MS) 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-ap-
propriate 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 transmit-
ted 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 gener-
al components of the program; program awards; application for grants,
and program plan; maintenance of effort; annual reports by grant recipi-
ents; 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 pregnan-
cies 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 regu-
lations as shall be necessary to implement the provisions of this act
not later than 90 days after such effective date
STATE OF NEW YORK
________________________________________________________________________
2694
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 2. This act shall be known and may be cited as the "healthy teens
23 act".
24 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 1457. Regulations. The commissioner shall promulgate regulations as
13 shall be reasonably necessary to effectuate the provisions of this arti-
14 cle.
15 § 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 § 5. This act shall take effect immediately.
