STATE OF NEW YORK
________________________________________________________________________
10296
IN ASSEMBLY
April 15, 2020
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to mandating education in
consent in schools with a sex education curriculum
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 817 to
2 read as follows:
3 § 817. Consent education. 1. The commissioner shall create and estab-
4 lish a comprehensive, age-appropriate sexual consent education curric-
5 ulum which shall be taught in grades six through twelve in all public
6 and charter schools that currently teach a sex education curriculum.
7 Such consent education curriculum shall include that a person:
8 (a) consents to sexual activity by providing a freely given agreement
9 to such activity;
10 (b) who consents to one particular sexual activity does not provide
11 consent to other types of sexual activities;
12 (c) does not provide consent by failing to express verbal or physical
13 resistance to sexual advances;
14 (d) does not consent to sexual activity by dressing in any manner;
15 (e) who has consented to past sexual activity has not provided consent
16 to future sexual activity;
17 (f) can withdraw consent at any time; and
18 (g) cannot consent to sexual activity if that person is unable to
19 understand the nature of the activity or give knowing consent due to
20 certain circumstances that include, but are not limited to: (i) the
21 person is incapacitated due to the use or influence of alcohol or drugs,
22 (ii) the person is asleep or unconscious, (iii) the person is a minor,
23 or (iv) the person is incapacitated due to a mental disability.
24 2. The education curriculum established pursuant to subdivision one of
25 this section shall be made available to all public and charter schools
26 that currently teach a sex education curriculum within six months of the
27 effective date of this section, and each school shall develop a plan to
28 incorporate such curriculum within one year of the effective date of
29 this section.
30 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10662-04-9
