Require Sex Ed in Schools

Section 1. The education law is amended by adding a new section 804-e to read as follows:

§ 804-e. Health education regarding sexuality. 1. All schools shall include, as an integral part of health education, comprehensive sexuality education that is age and developmentally appropriate, medically accurate, and respectful of all pupils regardless of race, color, religion, religious practice, national origin, ethnic group, sex, gender, disability, language, sexual orientation, or gender identity.

2. The commissioner, in consultation with the commissioner of health, shall develop and establish a program of comprehensive, medically accurate sexuality instruction that addresses age and developmentally appropriate physical, mental, emotional and social dimensions of human sexuality and, at a minimum, reflects the national standards for sexuality education and respects all pupils regardless of race, color, religion, religious practice, national origin, ethnic group, sex, gender, disability, language, sexual orientation, or gender identity. Such program of instruction shall include: (i) learning standards for sexuality education in grades kindergarten through twelve; (ii) model curricula for sexuality education in grades kindergarten through twelve including exemplar lesson plans, instructional tools and materials, and best practice instructional resources that are suitable to student age, based on cognitive, emotional, and behavioral capacity; (iii) guidelines and professional training and development necessary to implement the instruction in the schools; (iv) public availability of all materials related to sexuality education on the department's website; and (v) a system to track and evaluate such sexuality education. Such program of sexuality instruction shall be reviewed periodically, at intervals deemed appropriate by the commissioner, and updated as necessary.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14853-03-8

A. 10517 2

3. The commissioner may prescribe in regulations such contents, topics and courses to be included in a curriculum of comprehensive, medically accurate sexuality instruction; provided, however, that such regulations recognize the diversity of students, families and communities in school districts and schools throughout the state and respect all students regardless of race, color, religion, religious practice, national origin, ethnic group, sex, gender, gender identity, sexual orientation, disability or language; provided, however, that the contents, topics and courses need not be uniform throughout the state; and provided further, however, that school districts shall utilize either a curriculum for health education instruction regarding sexuality prescribed by the commissioner or a course approved by the commissioner in accordance with criteria established by the commissioner.

4. The commissioner shall make recommendations to the board of regents about a program on sexuality education, relevant learning standards, model curricula and curriculum resources, guidelines and professional development by December first next succeeding the effective date of this section. Upon approval and adoption by the board of regents, the department shall issue guidance to the school districts about the program on sexuality instruction and publish on its website model curricula and instructional resources required by this section. School districts shall provide instruction about sexuality in health education no later than the next school year after components of the sexuality program have been approved and published. The commissioner shall review the sexuality instruction program periodically as the commissioner determines necessary to update the data, information and guidance about sexuality instruction in the schools.

5. All pre-service training programs in the state for teachers shall include adequate preparation regarding the instruction in sexuality set forth herein, and no teacher shall be licensed except upon satisfactory demonstration of the competencies included in the institutional proposals approved by the department.

6. The boards of education and trustees of the several cities and school districts of the state shall each establish an advisory council which shall make recommendations to the board of education or trustees concerning the curriculum, content, and evaluation of the sexuality education requirement pursuant to this section. The advisory council shall include, but need not be limited to, members of the school board or trustees, school authorities, teachers and other staff, parents, students and other representatives of the community. The board of education or trustees of a school district shall determine the curriculum, content and evaluation and approve the implementation of the curriculum within such school district and shall be responsible for the evaluation of the comprehensive sexuality instruction within the school district.

7. The board of education and trustees of the several cities and school districts of the state shall establish a process by which a student or parent or guardian of a student may elect not to participate in sexuality education; provided, however that such process shall require written notice signed by the student or the student's parent or guardian for each school year in which the student is required to take sexuality education and which shall be maintained in the student's record.

§ 2. This act shall take effect immediately.