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: A6619C
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 be 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 ranks among the worst states in teen pregnancy, with
40,000 teen pregnancies reported in 2003. In addition, rates of sexually
transmitted diseases among teens remain dangerously high. For example,
according to the Centers for Disease Control, national rates of chlamy-
dia 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 and must help local communities address the
needs of young people by supporting 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: A.8599-A of '03-'04
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
________________________________________________________________________
6619--C
2005-2006 Regular Sessions
IN ASSEMBLY
March 17, 2005
___________
Introduced by M. of A. GOTTFRIED, N. RIVERA, DINOWITZ, GALEF, GRANNIS,
PAULIN, PEOPLES, PRETLOW, BING, ROBINSON, TITUS, JACOBS, FIELDS,
GIANARIS, ALESSI -- Multi-Sponsored by -- M. of A. ALFANO, BARRA,
BENEDETTO, BOYLAND, BRADLEY, CANESTRARI, A. COHEN, COOK, CROUCH,
L. DIAZ, R. DIAZ, DiNAPOLI, EDDINGTON, ENGLEBRIGHT, ERRIGO, FARRELL,
FRIEDMAN, GLICK, GORDON, GREEN, HEASTIE, HOYT, JOHN, LATIMER, LAVINE,
LIFTON, LUPARDO, McDONALD, McENENY, MILLMAN, MORELLE, O'DONNELL,
ORTIZ, PERALTA, PHEFFER, RAMOS, J. RIVERA, ROSENTHAL, SAYWARD, STEPH-
ENS, THIELE, TONKO, TOWNSEND, WEISENBERG, WRIGHT, ZEBROWSKI -- 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 commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Rules in accordance with Assembly Rule 3, sec. 2
-- reported and referred to the Committee on Ways and Means -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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 hereby finds and
2 declares that New York state's teen pregnancy rate, 67.1 per 1000 female
3 15-19 year olds as compared to the Healthy People 2010 goal of 43 cases
4 per 1000 female 15-19 year olds falls far too short of the public health
5 expectation set by the Surgeon General. In fact, New York state had
6 40,000 teen pregnancies in 2003. This number ranks among the highest in
7 the nation. In addition, rates of sexually transmitted infections among
8 teens are dangerously high. For example, according to the centers for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07440-11-6
A. 6619--C 2
1 disease control, national rates of chlamydia and gonorrhea are highest
2 among 15 to 24 year olds. This is true in New York state as well.
3 Current research documents the fact that those individuals who receive
4 early, comprehensive, age-appropriate, and scientifically accurate
5 education in the health and other benefits derived from sexual absti-
6 nence, family planning, and birth control are more likely to delay sexu-
7 al activity and engage later in such activity with a higher degree of
8 responsibility and safety. Comprehensive sex education programs which
9 complement parental involvement and instruction respect the diversity
10 and values of our state and provide our youth at risk with the founda-
11 tion to make responsibly informed choices. The earlier such programs are
12 commenced on an age-appropriate curriculum basis, the more responsible
13 will be the sexual activity decisions.
14 The legislature further finds and declares that current statistics
15 within New York state communities show an increase in rates of sexually
16 transmitted diseases among adolescents over the past several years.
17 Concurrently, adolescents are the fastest growing population of new
18 HIV/AIDS cases. These increases place greater demand on the state's
19 health care delivery system and require that we take immediate action
20 and embark on a dedicated mission to provide targeted at-risk adoles-
21 cents with a more concentrated sex education program with a significant
22 parental component, designed to inform and instruct them on abstinence,
23 protection and pregnancy prevention. Approximately 25 percent of new
24 cases of sexually transmitted diseases each year occur among teenagers
25 and two-thirds of such new cases occur among persons 15 to 24 years old.
26 By age 24, at least one in three sexually active persons are estimated
27 to have had a sexually transmitted disease. By way of example, the high-
28 est age-specific gonorrhea rates among women and the third highest rates
29 among men are in the 15 to 19 year old group.
30 It is the intent of the legislature that the age-appropriate sex
31 education grant program established in this act provide at-risk adoles-
32 cents with the information, assistance, skills and support to enable
33 them to make responsible decisions, including abstaining from sexual
34 intercourse and for those who do become sexually active, the use of
35 condoms or contraceptives effectively.
36 § 2. This act shall be known and may be cited as the "healthy teens
37 act".
38 § 3. The public health law is amended by adding a new article 14-A to
39 read as follows:
40 ARTICLE 14-A
41 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
42 Section 1450. Definitions.
43 1451. Establishment of age-appropriate sex education grant
44 program; general components.
45 1452. Age-appropriate sex education grant program awards.
46 1453. Application for grants; age-appropriate sex education
47 grant program plan.
48 1454. Maintenance of effort.
49 1455. Annual reports by grant recipients.
50 1456. Notification to potential applicants.
51 1457. Regulations.
52 § 1450. Definitions. For the purposes of this article, the following
53 terms shall have the following meanings:
54 1. "Eligible applicant" means (a) a public school district, (b) a
55 board of cooperative educational services, (c) a school-based health
56 center, (d) a community based organization which may be a for-profit
A. 6619--C 3
1 corporation or entity or not-for-profit corporation or organization, or
2 (e) a consortium or partnership formed by a public school district, a
3 board of cooperative educational services and/or a school-based health
4 center and one or more community based organizations which qualifies for
5 the award of an age-appropriate sex education grant by the commissioner
6 under this article.
7 2. "Grant program plan" means the plan submitted to the commissioner
8 by an eligible applicant under section fourteen hundred fifty-one of
9 this article.
10 3. "State income standard" means the most recent federal income offi-
11 cial poverty line as defined annually and revised by the federal office
12 of management and budget adjusted for family size.
13 4. "Age-appropriate sex education grant program" means a comprehensive
14 age-appropriate sex education program conducted by an eligible applicant
15 under section fourteen hundred fifty-one of this article.
16 5. "School-based health center" means a clinic licensed under article
17 twenty-eight of this chapter, or sponsored by a facility licensed under
18 article twenty-eight of this chapter, which provides primary care
19 services within an elementary or secondary public school setting.
20 § 1451. Establishment of age-appropriate sex education grant program;
21 general components. 1. There is hereby established within the department
22 an age-appropriate sex education grant program. The program shall be
23 formulated by the commissioner after consultation with the commissioner
24 of education. The purpose of the program shall be to provide grants to
25 eligible applicants to support age-appropriate sex education grant
26 programs for young people which provides them with topics of instruction
27 in the components set forth in subdivision two of this section.
28 2. In order for an eligible applicant to receive an award of an annual
29 grant under subdivision three of this section, such an applicant shall
30 submit with its application the components of instruction which shall be
31 offered in its age-appropriate sex education grant program. The commis-
32 sioner shall determine certain topics of instruction to be optional for
33 age-appropriate reasons as shall be specified by the commissioner in
34 application instructions made available by the department for the
35 purposes of implementing this article. It is not necessary to provide
36 equal emphasis on each component of instruction, however a project may
37 not be inconsistent with any of the components. The components of
38 instruction shall include whether such instruction:
39 (a) is age-appropriate and medically-accurate;
40 (b) does not teach or promote religion, provided that this paragraph
41 shall not preclude discussion of moral, ethical or religious views
42 related to sex or sexual relationships;
43 (c) teaches that abstinence is the only sure way to avoid pregnancy or
44 sexually transmitted diseases;
45 (d) stresses the value of abstinence while not ignoring those adoles-
46 cents who have had or who are having sexual intercourse;
47 (e) provides information about the health benefits and side effects of
48 all contraceptives and barrier methods as a means to prevent pregnancy;
49 (f) provides information about the health benefits and side effects of
50 all contraceptives and barrier methods as a means to reduce the risk of
51 contracting sexually transmitted diseases, HIV/AIDS and other diseases;
52 (g) encourages family communication about sexuality among parents,
53 other adult household members and children;
54 (h) teaches skills to make responsible decisions about sexuality,
55 including how to avoid unwanted verbal, physical and sexual advances,
56 and how not to make unwanted verbal, physical and sexual advances;
A. 6619--C 4
1 (i) teaches how alcohol and drug use can affect responsible decision
2 making;
3 (j) helps young people to gain knowledge about the physical, biolog-
4 ical and hormonal changes of adolescence and subsequent stages of human
5 maturation;
6 (k) develops the knowledge and skills necessary to ensure and protect
7 young people with respect to their sexual and reproductive health;
8 (l) assists young people in gaining knowledge about the specific
9 involvement of, and responsibility of both males and females in sexual
10 decision making;
11 (m) develops healthy attitudes and values concerning growth and devel-
12 opment, body image, gender roles, sexual orientation and other subjects;
13 (n) encourages young people to practice healthy life skills including
14 goal setting, decision making, negotiation, and communication and stress
15 management;
16 (o) promotes self-esteem and positive interpersonal skills focusing on
17 relationship skills, including platonic, romantic, intimate and family
18 relationships and interaction and how to avoid relationship abuse; and
19 (p) is based on theoretical projects that have been demonstrated to
20 influence health behavior.
21 It is not necessary for the grantee to address every component of
22 instruction, however, paragraphs (a) and (b) of this subdivision are
23 required of all applicant programs. No program may include information
24 or messages that contradict any of the components.
25 3. Any eligible applicant may apply for, and upon approval of the
26 application by the commissioner, shall be awarded an annual sex educa-
27 tion grant provided it demonstrates in the grant program plan submitted
28 to the commissioner that:
29 (a) it is capable of providing young persons with an effective sex
30 education program that shall be meaningful, substantially involve
31 parents and other adults as feasible and appropriate, and shall be
32 conducted in accordance with this article and any regulations under this
33 article;
34 (b) if such applicant is a community based organization, that it has a
35 proven record and experience in conducting meaningful and successful
36 age-appropriate sex education programs for at least five years prior to
37 the calendar year in which application for the grant is made, and that
38 it is capable of providing an age-appropriate sex education program to a
39 broad based segment of the youth population with specific emphasis on
40 targeted at-risk youths in such organization's service area. The commis-
41 sioner may seek and he or she shall receive any pertinent information or
42 request and receive recommendations as to such community based organiza-
43 tion's interactions or prior dealings with any other state or local
44 governmental entity, including, but not limited to, any public school
45 district or board of cooperative educational services in making the
46 determination required by this paragraph.
47 4. All monies provided in grants under this article shall be in addi-
48 tion to, and not in lieu of, any moneys historically appropriated for
49 the same or similar purposes and shall not be used to offset or reduce
50 moneys previously expended for similar programs.
51 § 1452. Age-appropriate sex education grant program awards. 1. Within
52 amounts appropriated therefor, the commissioner shall be authorized to
53 grant awards for the support of approved age-appropriate sex education
54 grant programs.
A. 6619--C 5
1 2. Grants to support an approved age-appropriate sex education grant
2 program shall be awarded on a competitive basis in accordance with
3 criteria established by the commissioner.
4 3. The department shall, from within amounts appropriated to the
5 department, undertake all activities necessary to plan for and prelimi-
6 narily provide for the timely implementation of the age-appropriate sex
7 education grant program authorized by this article for the state fiscal
8 year commencing one year following the effective date of this article.
9 4. Not more than five percent of any amounts made available by appro-
10 priation in any single fiscal year for the age-appropriate sex education
11 grant program shall be annually retained by the commissioner for the
12 administrative purposes of the department.
13 5. Of the amounts made available by appropriation for the sex educa-
14 tion grant program, not more than five percent of any funds made by such
15 appropriation for the state fiscal year commencing three years following
16 the effective date of this article shall be made available for payment
17 to a nationally recognized and accredited organization with experience
18 in analyzing the efficacy and benefits of sex education grant programs
19 for purposes of enabling such organization to evaluate the totality of
20 the grant program and grants awarded in the two years following the
21 effective date of this article. Similarly, not more than four percent
22 of any funds for the state fiscal year commencing four years following
23 the effective date of this article shall be made available for payment
24 to the same organization which was awarded the initial contract to so
25 analyze the age-appropriate sex education grant program for the purpose
26 of providing necessary funds to them to analyze the age-appropriate sex
27 education grant program from its inception through and including all the
28 grant year periods authorized under this article. The contract to be
29 awarded to such organization shall be let only after a request for
30 proposal has been issued by the department in the manner provided for by
31 law, and the award of such contract shall be subject to competitive
32 bidding requirements as also required by law. The department shall
33 include within the request for proposal detailed criteria of evaluation
34 to be employed by the organization to be awarded the bid. The request
35 for proposal shall also allow for a bidding organization to submit addi-
36 tional evaluative criteria that may be utilized by the organization
37 awarded the bid if approved by the department. Notwithstanding any
38 inconsistent provision of this subdivision, the request for proposal
39 shall include a provision authorizing the commissioner to terminate the
40 awarded contract to the successful bidder with respect to the conduct of
41 the second evaluation of the grant program for the entire grant period
42 authorized under this article if the commissioner is not satisfied with
43 the quality of effort demonstrated by such bidder in the first evalu-
44 ation of the grant program period. In such case, a similar request for
45 proposal procedure shall be utilized for the purpose of making the
46 second evaluation.
47 6. Beginning with the school year in July two years following the
48 effective date of this article and every school year thereafter, from
49 any annual appropriations and/or reappropriations made therefor, the
50 commissioner shall set aside eighty percent of the money so appropriated
51 (minus any amounts necessary to pay adjustment expenses pursuant to
52 subdivisions three, four and five of this section) for the purpose of
53 awarding grants for sex education grant program plans approved by the
54 commissioner pursuant to section fourteen hundred fifty-three of this
55 article to be conducted by public school districts and/or boards of
56 cooperative educational services including those programs which are
A. 6619--C 6
1 going to be conducted in accordance with a program plan pursuant to
2 consortiums or partnerships formed by a public school district and/or
3 board of cooperative educational services and a school-based health
4 center or one or more community based organizations. Priority, substan-
5 tial consideration and weight shall be accorded by the commissioner in
6 the awarding of grants to such consortiums or partnerships. Similarly,
7 the commissioner shall set aside twenty per centum of any appropriation
8 for the purpose of awarding grants for age-appropriate sex education
9 grant program plans approved by the commissioner for eligible applicants
10 who are community based organizations or school-based health centers
11 which are not conducting such program as part of a consortium or part-
12 nership.
13 7. In making grants under this article, the commissioner shall also
14 give special consideration and weight to: (i) the number of reported
15 adolescent pregnancies by persons residing in such area over the previ-
16 ous ten years and the number of adolescent parents, including where
17 feasible, the number of single parents, who currently reside in such
18 area, (ii) the number of reported occurrences of sexually transmitted
19 diseases and HIV/AIDS among residents of the area to be served, with
20 particular emphasis on HIV/AIDS, (iii) the number of persons residing in
21 the area to be served whose annual personal income is less than one
22 hundred fifty percent of the established state income standard or who
23 participate in the free and reduced price lunch program as defined in
24 subdivision one of section thirty-six hundred two of the education law,
25 and any other generally available statistical data which indicates that
26 the area to be served is economically or otherwise disadvantaged, (iv)
27 the high school drop out rate in the area as determined by the education
28 department, and (v) any other generally available statistical data which
29 indicates that the area to be served is in need of an age-appropriate
30 sex education program.
31 § 1453. Application for grants; age-appropriate sex education grant
32 program plan. 1. The commissioner shall establish an application proce-
33 dure by which eligible applicants may apply for a grant pursuant to this
34 article, and the manner and method including specified objective crite-
35 ria consistent with this article by which the commissioner shall deter-
36 mine the eligibility of an applicant.
37 2. The eligible applicant shall submit with its age-appropriate sex
38 education grant application its grant program plan to the commissioner,
39 which shall include a detailed description of the proposed age-appropri-
40 ate sex education program, including but not limited to:
41 (a) the manner in which parents and other adults will be included in
42 the program;
43 (b) an outline for the curriculum to be covered in the eligible appli-
44 cant's program, including the instructional materials, books, videos or
45 other instructional tools to be used and the training which will be
46 provided to teachers, personnel and volunteers who will conduct the
47 program. Such curriculum shall include, but need not be limited to, a
48 comprehensive block of instruction that stresses abstinence as the most
49 effective and appropriate protection against HIV/AIDS and pregnancy and
50 which contains written and oral instruction on the prevention of sexual-
51 ly transmitted diseases. The other core elements shall satisfy a signif-
52 icant number of, or preferably all of, the components of an age-appro-
53 priate sex education grant program as established in section fourteen
54 hundred fifty-one of this article;
55 (c) any special, or unusual or innovative services, programs or educa-
56 tion methods to be utilized;
A. 6619--C 7
1 (d) the number and types of teaching or other personnel to be
2 employed, or volunteers to be used, together with their professional or
3 academic credentials;
4 (e) the geographic area in which the proposed program will be offered
5 and a description of the categories and age groupings of at-risk adoles-
6 cents included in such program, along with an estimate of the number of
7 adolescents who the applicant estimates will participate in such
8 program;
9 (f) a demonstration that the proposed program is adequate in terms of
10 course length and in terms of both short term and long-range goals;
11 (g) the need for such program in the proposed area to be served. In
12 determining such need the commissioner shall specifically consider the
13 following factors and give special attention to programs servicing areas
14 which have a higher than average incidence in one or more of the follow-
15 ing enumerated life experiences: (i) the number of reported adolescent
16 pregnancies by persons residing in such area over the previous ten years
17 and the number of adolescent parents, including where feasible, the
18 number of single parents, who currently reside in such area, (ii) the
19 number of reported occurrences of sexually transmitted diseases and
20 HIV/AIDS among residents of the area to be served, with particular
21 emphasis on HIV/AIDS, (iii) the number of persons residing in the area
22 to be served whose annual personal income is less than one hundred fifty
23 percent of the established state income standard or who participate in
24 the free or reduced price lunch program as defined in subdivision one of
25 section thirty-six hundred two of the education law, and any other
26 generally available statistical data which indicates that the area to be
27 served is economically or otherwise disadvantaged, (iv) the high school
28 drop out rate in the area as determined by the education department, and
29 (v) any other generally available statistical data which indicates that
30 the area to be served is in need of an age-appropriate sex education
31 program;
32 (h) the success realized by an eligible applicant in reducing unwanted
33 pregnancies and cases of sexually transmitted diseases, as well as
34 reducing risk behavior, in programs previously, or currently, conducted;
35 and
36 (i) any other information as the commissioner may request.
37 3. In considering applications submitted by eligible applicants, the
38 commissioner shall give special attention, and grant priority to appli-
39 cations submitted by an eligible applicant which is a public school
40 district or board of cooperative educational services working in consor-
41 tium or partnership with one or more community based organizations or
42 school-based health centers, especially where the community based organ-
43 ization, organizations or school-based health centers has a demonstrated
44 record of success in the conduct of sex education programs of a similar
45 nature to the sex education program provided for in this article.
46 § 1454. Maintenance of effort. Any monies made available to an eligi-
47 ble applicant shall not be used to offset or reduce the amount of moneys
48 previously expended for the same or similar programs in a prior year,
49 but shall be used to supplement any prior years' expenditures. No eligi-
50 ble applicant shall reduce any subsequent years' expenditures for the
51 same or similar programs as a result of receiving any grant, or increase
52 in the amount of any prior awarded grant, pursuant to this article.
53 § 1455. Annual reports by grant recipients. 1. Every eligible appli-
54 cant that has been awarded a grant under this article shall file an
55 annual report with the commissioner, in such form and with such data as
56 the commissioner prescribes detailing the expenditure of grant funds,
A. 6619--C 8
1 together with an analysis of the age-appropriate sex education grant
2 program it conducted, with a summary of its success or failures in
3 altering attitudes regarding the merits of sexual abstinence as well as
4 in preventing unwanted pregnancies, sexually transmitted diseases and
5 HIV/AIDS.
6 2. The commissioner shall on or before February first in each year,
7 submit a report on the program to the governor, the temporary president
8 of the senate and the speaker of the assembly containing his or her
9 findings and recommendations. In the report submitted in the fourth year
10 and the sixth year following the effective date of this article respec-
11 tively, the commissioner shall also include the evaluation of the
12 program as presented by the accredited organization in accordance with
13 section fourteen hundred fifty-two of this article.
14 § 1456. Notification to potential applicants. The commissioner shall
15 timely send to every public school district and board of cooperative
16 educational services and to every requesting community based organiza-
17 tion or school-based health center a copy of this article and general
18 information relating to the age-appropriate sex education grant program
19 and the application process therefor.
20 § 1457. Regulations. The commissioner shall promulgate regulations as
21 shall be reasonably necessary to effectuate the provisions of this arti-
22 cle.
23 § 4. Severability. If any clause, sentence, paragraph, section or part
24 of this act shall be adjudged by any court of competent jurisdiction to
25 be invalid and after exhaustion of all further judicial review, the
26 judgment shall not affect, impair or invalidate the remainder thereof,
27 but shall be confined in its operation to the clause, sentence, para-
28 graph, section or part of this act directly involved in the controversy
29 in which the judgment shall have been rendered.
30 § 5. This act shall take effect immediately.
