A01806 Summary:

BILL NOA01806A
 
SAME ASSAME AS S03836
 
SPONSORGottfried (MS)
 
COSPNSRRivera N, Dinowitz, Galef, Paulin, Peoples-Stokes, Pretlow, Bing, Robinson, Titus, Jacobs, Gianaris, Alessi, Gantt, Jaffee, Magnarelli, O'Donnell, Spano, Gunther, Brodsky, Kavanagh, Cahill, Kellner, Schimel, Scarborough, Fields
 
MLTSPNSRAlfano, Barra, Boyland, Brennan, Canestrari, Cook, Crouch, Destito, Duprey, Englebright, Glick, Heastie, Hooper, Hoyt, John, Koon, Lancman, Latimer, Lavine, Lifton, Lupardo, Magee, Maisel, McEneny, Millman, Morelle, Ortiz, Pheffer, Ramos, Rivera J, Rosenthal, Sayward, Stirpe, Thiele, Towns, Townsend, 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.
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A01806 Actions:

BILL NOA01806A
 
01/12/2009referred to health
01/22/2009reported referred to ways and means
03/16/2009amend and recommit to ways and means
03/16/2009print number 1806a
06/02/2009reported referred to rules
06/08/2009reported
06/08/2009rules report cal.80
06/08/2009ordered to third reading rules cal.80
06/17/2009passed assembly
06/17/2009delivered to senate
06/18/2009REFERRED TO RULES
01/06/2010DIED IN SENATE
01/06/2010RETURNED TO ASSEMBLY
01/06/2010ordered to third reading cal.163
01/12/2010starred on calendar
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A01806 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1806A
 
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 I4-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 preg- nancies 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: A.8599-A of '03-'04 - reported to Ways and Means in 2004 A.6619-C of '05- '06 - passed Assembly in 2005 and 2006   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
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A01806 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1806--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2009
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, N. RIVERA, DINOWITZ, GALEF, PAULIN,
          PEOPLES-STOKES, PRETLOW,  BING,  ROBINSON,  TITUS,  JACOBS,  GIANARIS,
          ALESSI, GANTT, JAFFEE, MAGNARELLI, O'DONNELL, SPANO, GUNTHER, BRODSKY,
          KAVANAGH, CAHILL, KELLNER, SCHIMEL, SCARBOROUGH, FIELDS -- Multi-Spon-
          sored  by  --  M. of A.   ALFANO, BARRA, BOYLAND, BRENNAN, CANESTRARI,

          COOK, CROUCH, DESTITO, DUPREY, ENGLEBRIGHT,  GLICK,  HEASTIE,  HOOPER,
          HOYT,  JOHN,  KOON,  LANCMAN, LATIMER, LAVINE, LIFTON, LUPARDO, MAGEE,
          MAISEL, McENENY, MILLMAN, MORELLE,  ORTIZ,  PERALTA,  PHEFFER,  RAMOS,
          J. RIVERA,  ROSENTHAL, SAYWARD, STIRPE, THIELE, TOWNS, TOWNSEND, WEIS-
          ENBERG, WRIGHT -- read once and referred to the Committee on Health --
          reported and referred to the Committee on Ways and Means --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD00358-03-9

        A. 1806--A                          2
 
     1  programs  which  complement parental involvement and instruction respect
     2  the diversity and values of our state and provide our youth at risk with
     3  the foundation to make responsibly informed choices.  The  earlier  such
     4  programs  are commenced on an age-appropriate curriculum basis, the more
     5  responsible will be the sexual activity decisions.
     6    Statistics within New York state communities show an increase in rates
     7  of sexually transmitted diseases among adolescents over the past several

     8  years.  Adolescents are the fastest growing population of  new  HIV/AIDS
     9  cases.  These  increases place greater demand on the state's health care
    10  delivery system and require that we take immediate action and embark  on
    11  a  dedicated mission to provide targeted at-risk adolescents with a more
    12  concentrated sex education program with a  significant  parental  compo-
    13  nent, designed to inform and instruct them on abstinence, protection and
    14  pregnancy prevention.  Approximately 25 percent of new cases of sexually
    15  transmitted  diseases  each year occur among teenagers and two-thirds of
    16  such new cases occur among persons 15 to 24 years old.  By  age  24,  at
    17  least  one  in three sexually active persons are estimated to have had a
    18  sexually transmitted disease. By way of example, the highest age-specif-
    19  ic gonorrhea rates among women and the third highest rates among men are

    20  in the 15 to 19 year old group.
    21    It is the intent of  the  legislature  that  the  age-appropriate  sex
    22  education  grant program established in this act provide at-risk adoles-
    23  cents with the information, assistance, skills  and  support  to  enable
    24  them  to  make  responsible  decisions, including abstaining from sexual
    25  intercourse and for those who do become  sexually  active,  the  use  of
    26  condoms or contraceptives effectively.
    27    §  2.  This  act shall be known and may be cited as the "healthy teens
    28  act".
    29    § 3. The public health law is amended by adding a new article 14-A  to
    30  read as follows:
    31                                 ARTICLE 14-A
    32                 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
    33  Section 1450. Definitions.
    34          1451. Establishment   of  age-appropriate  sex  education  grant

    35                  program; general components.
    36          1452. Age-appropriate sex education grant program awards.
    37          1453. Application  for  grants;  age-appropriate  sex  education
    38                  grant program plan.
    39          1454. Maintenance of effort.
    40          1455. Annual reports by grant recipients.
    41          1456. Notification to potential applicants.
    42          1457. Regulations.
    43    §  1450.  Definitions. For the purposes of this article, the following
    44  terms shall have the following meanings:
    45    1. "Eligible applicant" means (a) a  public  school  district,  (b)  a
    46  board  of  cooperative  educational  services, (c) a school-based health

    47  center, (d) a community based organization which  may  be  a  for-profit
    48  corporation  or entity or not-for-profit corporation or organization, or
    49  (e) a consortium or partnership formed by a public  school  district,  a
    50  board  of  cooperative educational services and/or a school-based health
    51  center and one or more community based organizations which qualifies for
    52  the award of an age-appropriate sex education grant by the  commissioner
    53  under this article.
    54    2.  "Grant  program plan" means the plan submitted to the commissioner
    55  by an eligible applicant under section  fourteen  hundred  fifty-one  of
    56  this article.

        A. 1806--A                          3
 

     1    3.  "State income standard" means the most recent federal income offi-
     2  cial poverty line as defined annually and revised by the federal  office
     3  of management and budget adjusted for family size.
     4    4. "Age-appropriate sex education grant program" means a comprehensive
     5  age-appropriate sex education program conducted by an eligible applicant
     6  under section fourteen hundred fifty-one of this article.
     7    5.  "School-based health center" means a clinic licensed under article
     8  twenty-eight of this chapter, or sponsored by a facility licensed  under
     9  article  twenty-eight  of  this  chapter,  which  provides  primary care
    10  services within an elementary or secondary public school setting.

    11    § 1451. Establishment of age-appropriate sex education grant  program;
    12  general components. 1. There is hereby established within the department
    13  an  age-appropriate  sex  education  grant program. The program shall be
    14  formulated by the commissioner after consultation with the  commissioner
    15  of  education.  The purpose of the program shall be to provide grants to
    16  eligible applicants  to  support  age-appropriate  sex  education  grant
    17  programs for young people which provides them with topics of instruction
    18  in the components set forth in subdivision two of this section.
    19    2. In order for an eligible applicant to receive an award of an annual
    20  grant  under  subdivision three of this section, such an applicant shall

    21  submit with its application the components of instruction which shall be
    22  offered in its age-appropriate sex education grant program.  The commis-
    23  sioner shall determine certain topics of instruction to be optional  for
    24  age-appropriate  reasons  as  shall  be specified by the commissioner in
    25  application instructions  made  available  by  the  department  for  the
    26  purposes  of  implementing this article.  It is not necessary to provide
    27  equal emphasis on each component of instruction, however a  project  may
    28  not  be  inconsistent  with  any  of the components.   The components of
    29  instruction shall include whether such instruction:
    30    (a) is age-appropriate and medically-accurate;
    31    (b) does not teach or promote religion, provided that  this  paragraph

    32  shall  not  preclude  discussion  of  moral,  ethical or religious views
    33  related to sex or sexual relationships;
    34    (c) teaches that abstinence is the only sure way to avoid pregnancy or
    35  sexually transmitted diseases;
    36    (d) stresses the value of abstinence while not ignoring those  adoles-
    37  cents who have had or who are having sexual intercourse;
    38    (e) provides information about the health benefits and side effects of
    39  all contraceptives and barrier methods as a means to prevent pregnancy;
    40    (f) provides information about the health benefits and side effects of
    41  all  contraceptives and barrier methods as a means to reduce the risk of
    42  contracting sexually transmitted diseases, HIV/AIDS and other diseases;

    43    (g) provides information about the vaccine for human papilloma  virus,
    44  which may prevent cervical cancer, genital warts, infertility, and other
    45  reproductive  health problems, when administered prior to becoming sexu-
    46  ally active;
    47    (h) encourages family communication  about  sexuality  among  parents,
    48  other adult household members and children;
    49    (i)  teaches  skills  to  make  responsible decisions about sexuality,
    50  including how to avoid unwanted verbal, physical  and  sexual  advances,
    51  and how not to make unwanted verbal, physical and sexual advances;
    52    (j)  teaches  how alcohol and drug use can affect responsible decision
    53  making;
    54    (k) helps young people to gain knowledge about the  physical,  biolog-

    55  ical  and hormonal changes of adolescence and subsequent stages of human
    56  maturation;

        A. 1806--A                          4
 
     1    (l) develops the knowledge and skills necessary to ensure and  protect
     2  young people with respect to their sexual and reproductive health;
     3    (m)  assists  young  people  in  gaining  knowledge about the specific
     4  involvement of, and responsibility of both males and females  in  sexual
     5  decision making;
     6    (n) develops healthy attitudes and values concerning growth and devel-
     7  opment, body image, gender roles, sexual orientation and other subjects;
     8    (o)  encourages young people to practice healthy life skills including

     9  goal setting, decision making, negotiation, and communication and stress
    10  management;
    11    (p) promotes self-esteem and positive interpersonal skills focusing on
    12  relationship skills, including platonic, romantic, intimate  and  family
    13  relationships and interaction and how to avoid relationship abuse; and
    14    (q)  is  based  on theoretical projects that have been demonstrated to
    15  influence health behavior.
    16    It is not necessary for the grantee  to  address  every  component  of
    17  instruction,  however,  paragraphs  (a)  and (b) of this subdivision are
    18  required of all applicant programs. No program may  include  information
    19  or messages that contradict any of the components.

    20    3.  Any  eligible  applicant  may  apply for, and upon approval of the
    21  application by the commissioner, shall be awarded an annual  sex  educa-
    22  tion  grant provided it demonstrates in the grant program plan submitted
    23  to the commissioner that:
    24    (a) it is capable of providing young persons  with  an  effective  sex
    25  education  program  that  shall  be  meaningful,  substantially  involve
    26  parents and other adults as  feasible  and  appropriate,  and  shall  be
    27  conducted in accordance with this article and any regulations under this
    28  article;
    29    (b) if such applicant is a community based organization, that it has a
    30  proven  record  and  experience  in conducting meaningful and successful

    31  age-appropriate sex education programs for at least five years prior  to
    32  the  calendar  year in which application for the grant is made, and that
    33  it is capable of providing an age-appropriate sex education program to a
    34  broad based segment of the youth population with  specific  emphasis  on
    35  targeted at-risk youths in such organization's service area. The commis-
    36  sioner may seek and he or she shall receive any pertinent information or
    37  request and receive recommendations as to such community based organiza-
    38  tion's  interactions  or  prior  dealings  with any other state or local
    39  governmental entity, including, but not limited to,  any  public  school
    40  district  or  board  of  cooperative  educational services in making the

    41  determination required by this paragraph.
    42    4. All monies provided in grants under this article shall be in  addi-
    43  tion  to,  and  not in lieu of, any moneys historically appropriated for
    44  the same or similar purposes and shall not be used to offset  or  reduce
    45  moneys previously expended for similar programs.
    46    §  1452. Age-appropriate sex education grant program awards. 1. Within
    47  amounts appropriated therefor, the commissioner shall be  authorized  to
    48  grant  awards  for the support of approved age-appropriate sex education
    49  grant programs.
    50    2. Grants to support an approved age-appropriate sex  education  grant
    51  program  shall  be  awarded  on  a  competitive basis in accordance with

    52  criteria established by the commissioner.
    53    3. The department shall,  from  within  amounts  appropriated  to  the
    54  department,  undertake all activities necessary to plan for and prelimi-
    55  narily provide for the timely implementation of the age-appropriate  sex

        A. 1806--A                          5
 
     1  education  grant program authorized by this article for the state fiscal
     2  year commencing one year following the effective date of this article.
     3    4.  Not more than five percent of any amounts made available by appro-
     4  priation in any single fiscal year for the age-appropriate sex education
     5  grant program shall be annually retained by  the  commissioner  for  the
     6  administrative purposes of the department.

     7    5.  Of  the amounts made available by appropriation for the sex educa-
     8  tion grant program, not more than five percent of any funds made by such
     9  appropriation for the state fiscal year commencing three years following
    10  the effective date of this article shall be made available  for  payment
    11  to  a  nationally recognized and accredited organization with experience
    12  in analyzing the efficacy and benefits of sex education  grant  programs
    13  for  purposes  of enabling such organization to evaluate the totality of
    14  the grant program and grants awarded in  the  two  years  following  the
    15  effective  date  of this article.  Similarly, not more than four percent
    16  of any funds for the state fiscal year commencing four  years  following

    17  the  effective  date of this article shall be made available for payment
    18  to the same organization which was awarded the initial  contract  to  so
    19  analyze  the age-appropriate sex education grant program for the purpose
    20  of providing necessary funds to them to analyze the age-appropriate  sex
    21  education grant program from its inception through and including all the
    22  grant  year  periods  authorized under this article.  The contract to be
    23  awarded to such organization shall be  let  only  after  a  request  for
    24  proposal has been issued by the department in the manner provided for by
    25  law,  and  the  award  of  such contract shall be subject to competitive
    26  bidding requirements as also required by  law.    The  department  shall

    27  include  within the request for proposal detailed criteria of evaluation
    28  to be employed by the organization to be awarded the  bid.  The  request
    29  for proposal shall also allow for a bidding organization to submit addi-
    30  tional  evaluative  criteria  that  may  be utilized by the organization
    31  awarded the bid if  approved  by  the  department.  Notwithstanding  any
    32  inconsistent  provision  of  this  subdivision, the request for proposal
    33  shall include a provision authorizing the commissioner to terminate  the
    34  awarded contract to the successful bidder with respect to the conduct of
    35  the  second  evaluation of the grant program for the entire grant period
    36  authorized under this article if the commissioner is not satisfied  with

    37  the  quality  of  effort demonstrated by such bidder in the first evalu-
    38  ation of the grant program period. In such case, a similar  request  for
    39  proposal  procedure  shall  be  utilized  for  the purpose of making the
    40  second evaluation.
    41    6. Beginning with the school year in  July  two  years  following  the
    42  effective  date  of  this article and every school year thereafter, from
    43  any annual appropriations and/or  reappropriations  made  therefor,  the
    44  commissioner shall set aside eighty percent of the money so appropriated
    45  (minus  any  amounts  necessary  to  pay adjustment expenses pursuant to
    46  subdivisions three, four and five of this section) for  the  purpose  of
    47  awarding  grants  for  sex education grant program plans approved by the

    48  commissioner pursuant to section fourteen hundred  fifty-three  of  this
    49  article  to  be  conducted  by  public school districts and/or boards of
    50  cooperative educational services  including  those  programs  which  are
    51  going  to  be  conducted  in  accordance with a program plan pursuant to
    52  consortiums or partnerships formed by a public  school  district  and/or
    53  board  of  cooperative  educational  services  and a school-based health
    54  center or one or more community based organizations. Priority,  substan-
    55  tial  consideration  and weight shall be accorded by the commissioner in
    56  the awarding of grants to such consortiums or  partnerships.  Similarly,

        A. 1806--A                          6
 

     1  the  commissioner shall set aside twenty per centum of any appropriation
     2  for the purpose of awarding grants  for  age-appropriate  sex  education
     3  grant program plans approved by the commissioner for eligible applicants
     4  who  are  community  based  organizations or school-based health centers
     5  which are not conducting such program as part of a consortium  or  part-
     6  nership.
     7    7.  In  making  grants under this article, the commissioner shall also
     8  give special consideration and weight to: (i)  the  number  of  reported
     9  adolescent  pregnancies by persons residing in such area over the previ-
    10  ous ten years and the number  of  adolescent  parents,  including  where
    11  feasible,  the  number  of  single parents, who currently reside in such

    12  area, (ii) the number of reported occurrences  of  sexually  transmitted
    13  diseases  and  HIV/AIDS  among  residents of the area to be served, with
    14  particular emphasis on HIV/AIDS, (iii) the number of persons residing in
    15  the area to be served whose annual personal  income  is  less  than  one
    16  hundred  fifty  percent  of the established state income standard or who
    17  participate in the free and reduced price lunch program  as  defined  in
    18  subdivision  one of section thirty-six hundred two of the education law,
    19  and any other generally available statistical data which indicates  that
    20  the  area  to be served is economically or otherwise disadvantaged, (iv)
    21  the high school drop out rate in the area as determined by the education

    22  department, and (v) any other generally available statistical data which
    23  indicates that the area to be served is in need  of  an  age-appropriate
    24  sex education program.
    25    §  1453.  Application  for grants; age-appropriate sex education grant
    26  program plan. 1. The commissioner shall establish an application  proce-
    27  dure by which eligible applicants may apply for a grant pursuant to this
    28  article,  and the manner and method including specified objective crite-
    29  ria consistent with this article by which the commissioner shall  deter-
    30  mine the eligibility of an applicant.
    31    2.  The  eligible  applicant shall submit with its age-appropriate sex
    32  education grant application its grant program plan to the  commissioner,

    33  which shall include a detailed description of the proposed age-appropri-
    34  ate sex education program, including but not limited to:
    35    (a)  the  manner in which parents and other adults will be included in
    36  the program;
    37    (b) an outline for the curriculum to be covered in the eligible appli-
    38  cant's program, including the instructional materials, books, videos  or
    39  other  instructional  tools  to  be  used and the training which will be
    40  provided to teachers, personnel and  volunteers  who  will  conduct  the
    41  program.  Such  curriculum  shall include, but need not be limited to, a
    42  comprehensive block of instruction that stresses abstinence as the  most
    43  effective  and appropriate protection against HIV/AIDS and pregnancy and

    44  which contains written and oral instruction on the prevention of sexual-
    45  ly transmitted diseases. The other core elements shall satisfy a signif-
    46  icant number of, or preferably all of, the components of  an  age-appro-
    47  priate  sex  education  grant program as established in section fourteen
    48  hundred fifty-one of this article;
    49    (c) any special, or unusual or innovative services, programs or educa-
    50  tion methods to be utilized;
    51    (d) the number  and  types  of  teaching  or  other  personnel  to  be
    52  employed,  or volunteers to be used, together with their professional or
    53  academic credentials;
    54    (e) the geographic area in which the proposed program will be  offered

    55  and a description of the categories and age groupings of at-risk adoles-
    56  cents  included in such program, along with an estimate of the number of

        A. 1806--A                          7
 
     1  adolescents  who  the  applicant  estimates  will  participate  in  such
     2  program;
     3    (f)  a demonstration that the proposed program is adequate in terms of
     4  course length and in terms of both short term and long-range goals;
     5    (g) the need for such program in the proposed area to  be  served.  In
     6  determining  such  need the commissioner shall specifically consider the
     7  following factors and give special attention to programs servicing areas
     8  which have a higher than average incidence in one or more of the follow-

     9  ing enumerated life experiences: (i) the number of  reported  adolescent
    10  pregnancies by persons residing in such area over the previous ten years
    11  and  the  number  of  adolescent  parents, including where feasible, the
    12  number of single parents, who currently reside in such  area,  (ii)  the
    13  number  of  reported  occurrences  of  sexually transmitted diseases and
    14  HIV/AIDS among residents of the  area  to  be  served,  with  particular
    15  emphasis  on  HIV/AIDS, (iii) the number of persons residing in the area
    16  to be served whose annual personal income is less than one hundred fifty
    17  percent of the established state income standard or who  participate  in
    18  the free or reduced price lunch program as defined in subdivision one of

    19  section  thirty-six  hundred  two  of  the  education law, and any other
    20  generally available statistical data which indicates that the area to be
    21  served is economically or otherwise disadvantaged, (iv) the high  school
    22  drop out rate in the area as determined by the education department, and
    23  (v)  any other generally available statistical data which indicates that
    24  the area to be served is in need of  an  age-appropriate  sex  education
    25  program;
    26    (h) the success realized by an eligible applicant in reducing unwanted
    27  pregnancies  and  cases  of  sexually  transmitted  diseases, as well as
    28  reducing risk behavior, in programs previously, or currently, conducted;
    29  and
    30    (i) any other information as the commissioner may request.

    31    3. In considering applications submitted by eligible  applicants,  the
    32  commissioner  shall give special attention, and grant priority to appli-
    33  cations submitted by an eligible applicant  which  is  a  public  school
    34  district or board of cooperative educational services working in consor-
    35  tium  or  partnership  with one or more community based organizations or
    36  school-based health centers, especially where the community based organ-
    37  ization, organizations or school-based health centers has a demonstrated
    38  record of success in the conduct of sex education programs of a  similar
    39  nature to the sex education program provided for in this article.
    40    §  1454. Maintenance of effort. Any monies made available to an eligi-

    41  ble applicant shall not be used to offset or reduce the amount of moneys
    42  previously expended for the same or similar programs in  a  prior  year,
    43  but shall be used to supplement any prior years' expenditures. No eligi-
    44  ble  applicant  shall  reduce any subsequent years' expenditures for the
    45  same or similar programs as a result of receiving any grant, or increase
    46  in the amount of any prior awarded grant, pursuant to this article.
    47    § 1455. Annual reports by grant recipients. 1. Every  eligible  appli-
    48  cant  that  has  been  awarded  a grant under this article shall file an
    49  annual report with the commissioner, in such form and with such data  as
    50  the  commissioner  prescribes  detailing the expenditure of grant funds,

    51  together with an analysis of the  age-appropriate  sex  education  grant
    52  program  it  conducted,  with  a  summary  of its success or failures in
    53  altering attitudes regarding the merits of sexual abstinence as well  as
    54  in  preventing  unwanted  pregnancies, sexually transmitted diseases and
    55  HIV/AIDS.

        A. 1806--A                          8
 
     1    2. The commissioner shall on or before February first  in  each  year,
     2  submit  a report on the program to the governor, the temporary president
     3  of the senate and the speaker of the  assembly  containing  his  or  her
     4  findings and recommendations. In the report submitted in the fourth year
     5  and  the sixth year following the effective date of this article respec-

     6  tively, the commissioner  shall  also  include  the  evaluation  of  the
     7  program  as  presented by the accredited organization in accordance with
     8  section fourteen hundred fifty-two of this article.
     9    § 1456. Notification to potential applicants. The  commissioner  shall
    10  timely  send  to  every  public school district and board of cooperative
    11  educational services and to every requesting community  based  organiza-
    12  tion  or  school-based  health center a copy of this article and general
    13  information relating to the age-appropriate sex education grant  program
    14  and the application process therefor.
    15    §  1457. Regulations. The commissioner shall promulgate regulations as
    16  shall be reasonably necessary to effectuate the provisions of this arti-

    17  cle.
    18    § 4. Severability.  If any provision of this act, or  any  application
    19  of  any  provision  of  this  act, is held to be invalid, that shall not
    20  affect the validity or effectiveness of any other provision of this act,
    21  or of any other application of any provision of this act.
    22    § 5. This act shall take effect immediately.
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