A01083 Summary:

BILL NOA01083
 
SAME ASSAME AS S01030
 
SPONSORGottfried (MS)
 
COSPNSRDinowitz, Galef, Paulin, Peoples-Stokes, Pretlow, Titus, Gantt, Jaffee, Magnarelli, Gunther, Cahill, Quart, Rozic, Abinanti, Rosenthal L, Stirpe, Weprin, Steck, D'Urso, Hyndman, Pichardo, Walker, Simon, Sayegh, Raynor
 
MLTSPNSRCarroll, Cook, Crouch, DenDekker, Englebright, Glick, Hevesi, Jones, Kim, Lifton, Lupardo, Ortiz, Perry, Ramos, Rivera, Thiele
 
Add Art 14-A 1450 - 1457, Pub Health L
 
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.
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A01083 Actions:

BILL NOA01083
 
01/14/2019referred to health
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A01083 Committee Votes:

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A01083 Floor Votes:

There are no votes for this bill in this legislative session.
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A01083 Text:



 
                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

        A. 1083                             2
 
     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

        A. 1083                             3
 
     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

        A. 1083                             4
 
     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

        A. 1083                             5

     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.
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