Establishes an age-appropriate sex education grant program through the department of health conducted by an eligible applicant; authorizes the commissioner to determine certain topics of instruction and makes provisions for the application of grants.
STATE OF NEW YORK
________________________________________________________________________
1083
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, GALEF, PAULIN,
PEOPLES-STOKES, PRETLOW, TITUS, GANTT, JAFFEE, MAGNARELLI, GUNTHER,
CAHILL, QUART, ROZIC, ABINANTI, L. ROSENTHAL, STIRPE, WEPRIN, STECK,
D'URSO, HYNDMAN, PICHARDO, WALKER, SIMON -- Multi-Sponsored by -- M.
of A. CARROLL, COOK, CROUCH, ENGLEBRIGHT, GLICK, HEVESI, JONES, KIM,
LIFTON, LUPARDO, ORTIZ, PERRY, RAMOS, RIVERA, THIELE -- 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. Short title. This act shall be known and may be cited as
2 the "healthy teens act".
3 § 2. The public health law is amended by adding a new article 14-A to
4 read as follows:
5 ARTICLE 14-A
6 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM
7 Section 1450. Definitions.
8 1451. Establishment of age-appropriate sex education grant
9 program; general components.
10 1452. Age-appropriate sex education grant program awards.
11 1453. Application for grants; age-appropriate sex education
12 grant program plan.
13 1454. Maintenance of effort.
14 1455. Annual reports by grant recipients.
15 1456. Notification to potential applicants.
16 1457. Regulations.
17 § 1450. Definitions. For the purposes of this article, the following
18 terms shall have the following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03388-01-9
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1 1. "Eligible applicant" means (a) a public school district, (b) a
2 board of cooperative educational services, (c) a school-based health
3 center, (d) a community based organization which may be a for-profit
4 corporation or entity or not-for-profit corporation or organization, or
5 (e) a consortium or partnership formed by a public school district, a
6 board of cooperative educational services and/or a school-based health
7 center and one or more community based organizations which qualifies for
8 the award of an age-appropriate sex education grant by the commissioner
9 under this article.
10 2. "Grant program plan" means the plan submitted to the commissioner
11 by an eligible applicant under section fourteen hundred fifty-one of
12 this article.
13 3. "State income standard" means the most recent federal income offi-
14 cial poverty line as defined annually and revised by the federal office
15 of management and budget adjusted for family size.
16 4. "Age-appropriate sex education grant program" means a comprehensive
17 age-appropriate sex education program conducted by an eligible applicant
18 under section fourteen hundred fifty-one of this article.
19 5. "School-based health center" means a clinic licensed under article
20 twenty-eight of this chapter, or sponsored by a facility licensed under
21 article twenty-eight of this chapter, which provides primary care
22 services within an elementary or secondary public school setting.
23 § 1451. Establishment of age-appropriate sex education grant program;
24 general components. 1. There is hereby established within the department
25 an age-appropriate sex education grant program. The program shall be
26 formulated by the commissioner after consultation with the commissioner
27 of education. The purpose of the program shall be to provide grants to
28 eligible applicants to support age-appropriate sex education grant
29 programs for young people which provides them with topics of instruction
30 in the components set forth in subdivision two of this section.
31 2. In order for an eligible applicant to receive an award of an annual
32 grant under subdivision three of this section, such an applicant shall
33 submit with its application the components of instruction which shall be
34 offered in its age-appropriate sex education grant program. The commis-
35 sioner shall determine certain topics of instruction to be optional for
36 age-appropriate reasons as shall be specified by the commissioner in
37 application instructions made available by the department for the
38 purposes of implementing this article. It is not necessary to provide
39 equal emphasis on each component of instruction, however a project may
40 not be inconsistent with any of the components. The components of
41 instruction shall include whether such instruction:
42 (a) is age-appropriate and medically-accurate;
43 (b) does not teach or promote religion, provided that this paragraph
44 shall not preclude discussion of moral, ethical or religious views
45 related to sex or sexual relationships;
46 (c) teaches that abstinence is the only sure way to avoid pregnancy or
47 sexually transmitted diseases;
48 (d) stresses the value of abstinence while not ignoring those adoles-
49 cents who have had or who are having sexual intercourse;
50 (e) provides information about the health benefits and side effects of
51 all contraceptives and barrier methods as a means to prevent pregnancy;
52 (f) provides information about the health benefits and side effects of
53 all contraceptives and barrier methods as a means to reduce the risk of
54 contracting sexually transmitted diseases, HIV/AIDS and other diseases;
55 (g) provides information about the vaccine for human papilloma virus,
56 which may prevent cervical cancer, genital warts, infertility, and other
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1 reproductive health problems, when administered prior to becoming sexu-
2 ally active;
3 (h) encourages family communication about sexuality among parents,
4 other adult household members and children;
5 (i) teaches skills to make responsible decisions about sexuality,
6 including how to avoid unwanted verbal, physical and sexual advances,
7 and how not to make unwanted verbal, physical and sexual advances;
8 (j) teaches how alcohol and drug use can affect responsible decision
9 making;
10 (k) helps young people to gain knowledge about the physical, biolog-
11 ical and hormonal changes of adolescence and subsequent stages of human
12 maturation;
13 (l) develops the knowledge and skills necessary to ensure and protect
14 young people with respect to their sexual and reproductive health;
15 (m) assists young people in gaining knowledge about the specific
16 involvement of, and responsibility of both males and females in sexual
17 decision making;
18 (n) develops healthy attitudes and values concerning growth and devel-
19 opment, body image, gender roles, sexual orientation and other subjects;
20 (o) encourages young people to practice healthy life skills including
21 goal setting, decision making, negotiation, and communication and stress
22 management;
23 (p) promotes self-esteem and positive interpersonal skills focusing on
24 relationship skills, including platonic, romantic, intimate and family
25 relationships and interaction and how to avoid relationship abuse; and
26 (q) is based on theoretical projects that have been demonstrated to
27 influence health behavior.
28 It is not necessary for the grantee to address every component of
29 instruction, however, paragraphs (a) and (b) of this subdivision are
30 required of all applicant programs. No program may include information
31 or messages that contradict any of the components.
32 3. Any eligible applicant may apply for, and upon approval of the
33 application by the commissioner, shall be awarded an annual sex educa-
34 tion grant provided it demonstrates in the grant program plan submitted
35 to the commissioner that:
36 (a) it is capable of providing young persons with an effective sex
37 education program that shall be meaningful, substantially involve
38 parents and other adults as feasible and appropriate, and shall be
39 conducted in accordance with this article and any regulations under this
40 article;
41 (b) if such applicant is a community based organization, that it has a
42 proven record and experience in conducting meaningful and successful
43 age-appropriate sex education programs for at least five years prior to
44 the calendar year in which application for the grant is made, and that
45 it is capable of providing an age-appropriate sex education program to a
46 broad based segment of the youth population with specific emphasis on
47 targeted at-risk youths in such organization's service area. The commis-
48 sioner may seek and he or she shall receive any pertinent information or
49 request and receive recommendations as to such community based organiza-
50 tion's interactions or prior dealings with any other state or local
51 governmental entity, including, but not limited to, any public school
52 district or board of cooperative educational services in making the
53 determination required by this paragraph.
54 4. All monies provided in grants under this article shall be in addi-
55 tion to, and not in lieu of, any moneys historically appropriated for
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1 the same or similar purposes and shall not be used to offset or reduce
2 moneys previously expended for similar programs.
3 § 1452. Age-appropriate sex education grant program awards. 1. Within
4 amounts appropriated therefor, the commissioner shall be authorized to
5 grant awards for the support of approved age-appropriate sex education
6 grant programs.
7 2. Grants to support an approved age-appropriate sex education grant
8 program shall be awarded on a competitive basis in accordance with
9 criteria established by the commissioner.
10 3. The department shall, from within amounts appropriated to the
11 department, undertake all activities necessary to plan for and prelimi-
12 narily provide for the timely implementation of the age-appropriate sex
13 education grant program authorized by this article for the state fiscal
14 year commencing one year following the effective date of this article.
15 4. Not more than five percent of any amounts made available by appro-
16 priation in any single fiscal year for the age-appropriate sex education
17 grant program shall be annually retained by the commissioner for the
18 administrative purposes of the department.
19 5. Of the amounts made available by appropriation for the sex educa-
20 tion grant program, not more than five percent of any funds made by such
21 appropriation for the state fiscal year commencing three years following
22 the effective date of this article shall be made available for payment
23 to a nationally recognized and accredited organization with experience
24 in analyzing the efficacy and benefits of sex education grant programs
25 for purposes of enabling such organization to evaluate the totality of
26 the grant program and grants awarded in the two years following the
27 effective date of this article. Similarly, not more than four percent
28 of any funds for the state fiscal year commencing four years following
29 the effective date of this article shall be made available for payment
30 to the same organization which was awarded the initial contract to so
31 analyze the age-appropriate sex education grant program for the purpose
32 of providing necessary funds to them to analyze the age-appropriate sex
33 education grant program from its inception through and including all the
34 grant year periods authorized under this article. The contract to be
35 awarded to such organization shall be let only after a request for
36 proposal has been issued by the department in the manner provided for by
37 law, and the award of such contract shall be subject to competitive
38 bidding requirements as also required by law. The department shall
39 include within the request for proposal detailed criteria of evaluation
40 to be employed by the organization to be awarded the bid. The request
41 for proposal shall also allow for a bidding organization to submit addi-
42 tional evaluative criteria that may be utilized by the organization
43 awarded the bid if approved by the department. Notwithstanding any
44 inconsistent provision of this subdivision, the request for proposal
45 shall include a provision authorizing the commissioner to terminate the
46 awarded contract to the successful bidder with respect to the conduct of
47 the second evaluation of the grant program for the entire grant period
48 authorized under this article if the commissioner is not satisfied with
49 the quality of effort demonstrated by such bidder in the first evalu-
50 ation of the grant program period. In such case, a similar request for
51 proposal procedure shall be utilized for the purpose of making the
52 second evaluation.
53 6. Beginning with the school year in July two years following the
54 effective date of this article and every school year thereafter, from
55 any annual appropriations and/or reappropriations made therefor, the
56 commissioner shall set aside eighty percent of the money so appropriated
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1 (minus any amounts necessary to pay adjustment expenses pursuant to
2 subdivisions three, four and five of this section) for the purpose of
3 awarding grants for sex education grant program plans approved by the
4 commissioner pursuant to section fourteen hundred fifty-three of this
5 article to be conducted by public school districts and/or boards of
6 cooperative educational services including those programs which are
7 going to be conducted in accordance with a program plan pursuant to
8 consortiums or partnerships formed by a public school district and/or
9 board of cooperative educational services and a school-based health
10 center or one or more community based organizations. Priority, substan-
11 tial consideration and weight shall be accorded by the commissioner in
12 the awarding of grants to such consortiums or partnerships. Similarly,
13 the commissioner shall set aside twenty per centum of any appropriation
14 for the purpose of awarding grants for age-appropriate sex education
15 grant program plans approved by the commissioner for eligible applicants
16 who are community based organizations or school-based health centers
17 which are not conducting such program as part of a consortium or part-
18 nership.
19 7. In making grants under this article, the commissioner shall also
20 give special consideration and weight to: (a) the number of reported
21 adolescent pregnancies by persons residing in such area over the previ-
22 ous ten years and the number of adolescent parents, including where
23 feasible, the number of single parents, who currently reside in such
24 area, (b) the number of reported occurrences of sexually transmitted
25 diseases and HIV/AIDS among residents of the area to be served, with
26 particular emphasis on HIV/AIDS, (c) the number of persons residing in
27 the area to be served whose annual personal income is less than one
28 hundred fifty percent of the established state income standard or who
29 participate in the free and reduced price lunch program as defined in
30 subdivision one of section thirty-six hundred two of the education law,
31 and any other generally available statistical data which indicates that
32 the area to be served is economically or otherwise disadvantaged, (d)
33 the high school drop out rate in the area as determined by the education
34 department, and (e) any other generally available statistical data which
35 indicates that the area to be served is in need of an age-appropriate
36 sex education program.
37 § 1453. Application for grants; age-appropriate sex education grant
38 program plan. 1. The commissioner shall establish an application proce-
39 dure by which eligible applicants may apply for a grant pursuant to this
40 article, and the manner and method including specified objective crite-
41 ria consistent with this article by which the commissioner shall deter-
42 mine the eligibility of an applicant.
43 2. The eligible applicant shall submit with its age-appropriate sex
44 education grant application its grant program plan to the commissioner,
45 which shall include a detailed description of the proposed age-appropri-
46 ate sex education program, including but not limited to:
47 (a) the manner in which parents and other adults will be included in
48 the program;
49 (b) an outline for the curriculum to be covered in the eligible appli-
50 cant's program, including the instructional materials, books, videos or
51 other instructional tools to be used and the training which will be
52 provided to teachers, personnel and volunteers who will conduct the
53 program. Such curriculum shall include, but need not be limited to, a
54 comprehensive block of instruction that stresses abstinence as the most
55 effective and appropriate protection against HIV/AIDS and pregnancy and
56 which contains written and oral instruction on the prevention of sexual-
A. 1083 6
1 ly transmitted diseases. The other core elements shall satisfy a signif-
2 icant number of, or preferably all of, the components of an age-appro-
3 priate sex education grant program as established in section fourteen
4 hundred fifty-one of this article;
5 (c) any special, or unusual or innovative services, programs or educa-
6 tion methods to be utilized;
7 (d) the number and types of teaching or other personnel to be
8 employed, or volunteers to be used, together with their professional or
9 academic credentials;
10 (e) the geographic area in which the proposed program will be offered
11 and a description of the categories and age groupings of at-risk adoles-
12 cents included in such program, along with an estimate of the number of
13 adolescents who the applicant estimates will participate in such
14 program;
15 (f) a demonstration that the proposed program is adequate in terms of
16 course length and in terms of both short term and long-range goals;
17 (g) the need for such program in the proposed area to be served. In
18 determining such need the commissioner shall specifically consider the
19 following factors and give special attention to programs servicing areas
20 which have a higher than average incidence in one or more of the follow-
21 ing enumerated life experiences: (i) the number of reported adolescent
22 pregnancies by persons residing in such area over the previous ten years
23 and the number of adolescent parents, including where feasible, the
24 number of single parents, who currently reside in such area, (ii) the
25 number of reported occurrences of sexually transmitted diseases and
26 HIV/AIDS among residents of the area to be served, with particular
27 emphasis on HIV/AIDS, (iii) the number of persons residing in the area
28 to be served whose annual personal income is less than one hundred fifty
29 percent of the established state income standard or who participate in
30 the free or reduced price lunch program as defined in subdivision one of
31 section thirty-six hundred two of the education law, and any other
32 generally available statistical data which indicates that the area to be
33 served is economically or otherwise disadvantaged, (iv) the high school
34 drop out rate in the area as determined by the education department, and
35 (v) any other generally available statistical data which indicates that
36 the area to be served is in need of an age-appropriate sex education
37 program;
38 (h) the success realized by an eligible applicant in reducing unwanted
39 pregnancies and cases of sexually transmitted diseases, as well as
40 reducing risk behavior, in programs previously, or currently, conducted;
41 and
42 (i) any other information as the commissioner may request.
43 3. In considering applications submitted by eligible applicants, the
44 commissioner shall give special attention, and grant priority to appli-
45 cations submitted by an eligible applicant which is a public school
46 district or board of cooperative educational services working in consor-
47 tium or partnership with one or more community based organizations or
48 school-based health centers, especially where the community based organ-
49 ization, organizations or school-based health centers has a demonstrated
50 record of success in the conduct of sex education programs of a similar
51 nature to the sex education program provided for in this article.
52 § 1454. Maintenance of effort. Any monies made available to an eligi-
53 ble applicant shall not be used to offset or reduce the amount of moneys
54 previously expended for the same or similar programs in a prior year,
55 but shall be used to supplement any prior years' expenditures. No eligi-
56 ble applicant shall reduce any subsequent years' expenditures for the
A. 1083 7
1 same or similar programs as a result of receiving any grant, or increase
2 in the amount of any prior awarded grant, pursuant to this article.
3 § 1455. Annual reports by grant recipients. 1. Every eligible appli-
4 cant that has been awarded a grant under this article shall file an
5 annual report with the commissioner, in such form and with such data as
6 the commissioner prescribes detailing the expenditure of grant funds,
7 together with an analysis of the age-appropriate sex education grant
8 program it conducted, with a summary of its success or failures in
9 altering attitudes regarding the merits of sexual abstinence as well as
10 in preventing unwanted pregnancies, sexually transmitted diseases and
11 HIV/AIDS.
12 2. The commissioner shall on or before February first in each year,
13 submit a report on the program to the governor, the temporary president
14 of the senate and the speaker of the assembly containing his or her
15 findings and recommendations. In the report submitted in the fourth year
16 and the sixth year following the effective date of this article respec-
17 tively, the commissioner shall also include the evaluation of the
18 program as presented by the accredited organization in accordance with
19 section fourteen hundred fifty-two of this article.
20 § 1456. Notification to potential applicants. The commissioner shall
21 timely send to every public school district and board of cooperative
22 educational services and to every requesting community based organiza-
23 tion or school-based health center a copy of this article and general
24 information relating to the age-appropriate sex education grant program
25 and the application process therefor.
26 § 1457. Regulations. The commissioner shall promulgate regulations as
27 shall be reasonably necessary to effectuate the provisions of this arti-
28 cle.
29 § 3. Severability. If any provision of this act, or any application
30 of any provision of this act, is held to be invalid, that shall not
31 affect the validity or effectiveness of any other provision of this act,
32 or of any other application of any provision of this act.
33 § 4. This act shall take effect immediately.
