Fund Sex Education Grants

Section 1. Short title. This act shall be known and may be cited as the "healthy teens act".

§ 2. The public health law is amended by adding a new article 14-A to read as follows:

ARTICLE 14-A

AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM Section 1450. Definitions.

1451. Establishment of age-appropriate sex education grant

program; general components.

1452. Age-appropriate sex education grant program awards.

1453. Application for grants; age-appropriate sex education

grant program plan.

1454. Maintenance of effort.

1455. Annual reports by grant recipients.

1456. Notification to potential applicants.

1457. Regulations.

§ 1450. Definitions. For the purposes of this article, the following 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. "Eligible applicant" means (a) a public school district, (b) a board of cooperative educational services, (c) a school-based health center, (d) a community based organization which may be a for-profit corporation or entity or not-for-profit corporation or organization, or (e) a consortium or partnership formed by a public school district, a board of cooperative educational services and/or a school-based health center and one or more community based organizations which qualifies for the award of an age-appropriate sex education grant by the commissioner under this article.

2. "Grant program plan" means the plan submitted to the commissioner by an eligible applicant under section fourteen hundred fifty-one of this article.

3. "State income standard" means the most recent federal income official poverty line as defined annually and revised by the federal office of management and budget adjusted for family size.

4. "Age-appropriate sex education grant program" means a comprehensive age-appropriate sex education program conducted by an eligible applicant under section fourteen hundred fifty-one of this article.

5. "School-based health center" means a clinic licensed under article twenty-eight of this chapter, or sponsored by a facility licensed under article twenty-eight of this chapter, which provides primary care services within an elementary or secondary public school setting.

§ 1451. Establishment of age-appropriate sex education grant program; general components. 1. There is hereby established within the department an age-appropriate sex education grant program. The program shall be formulated by the commissioner after consultation with the commissioner of education. The purpose of the program shall be to provide grants to eligible applicants to support age-appropriate sex education grant programs for young people which provides them with topics of instruction in the components set forth in subdivision two of this section.

2. In order for an eligible applicant to receive an award of an annual grant under subdivision three of this section, such an applicant shall submit with its application the components of instruction which shall be offered in its age-appropriate sex education grant program. The commissioner shall determine certain topics of instruction to be optional for age-appropriate reasons as shall be specified by the commissioner in application instructions made available by the department for the purposes of implementing this article. It is not necessary to provide equal emphasis on each component of instruction, however a project may not be inconsistent with any of the components. The components of instruction shall include whether such instruction:

(a) is age-appropriate and medically-accurate;

(b) does not teach or promote religion, provided that this paragraph shall not preclude discussion of moral, ethical or religious views related to sex or sexual relationships;

(c) teaches that abstinence is the only sure way to avoid pregnancy or sexually transmitted diseases;

(d) stresses the value of abstinence while not ignoring those adolescents who have had or who are having sexual intercourse;

(e) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy;

(f) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of contracting sexually transmitted diseases, HIV/AIDS and other diseases;

(g) provides information about the vaccine for human papilloma virus, which may prevent cervical cancer, genital warts, infertility, and other

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reproductive health problems, when administered prior to becoming sexually active;

(h) encourages family communication about sexuality among parents, other adult household members and children;

(i) teaches skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical and sexual advances, and how not to make unwanted verbal, physical and sexual advances;

(j) teaches how alcohol and drug use can affect responsible decision making;

(k) helps young people to gain knowledge about the physical, biological and hormonal changes of adolescence and subsequent stages of human maturation;

(l) develops the knowledge and skills necessary to ensure and protect young people with respect to their sexual and reproductive health;

(m) assists young people in gaining knowledge about the specific involvement of, and responsibility of both males and females in sexual decision making;

(n) develops healthy attitudes and values concerning growth and development, body image, gender roles, sexual orientation and other subjects;

(o) encourages young people to practice healthy life skills including goal setting, decision making, negotiation, and communication and stress management;

(p) promotes self-esteem and positive interpersonal skills focusing on relationship skills, including platonic, romantic, intimate and family relationships and interaction and how to avoid relationship abuse; and

(q) is based on theoretical projects that have been demonstrated to influence health behavior.

It is not necessary for the grantee to address every component of instruction, however, paragraphs (a) and (b) of this subdivision are required of all applicant programs. No program may include information or messages that contradict any of the components.

3. Any eligible applicant may apply for, and upon approval of the application by the commissioner, shall be awarded an annual sex education grant provided it demonstrates in the grant program plan submitted to the commissioner that:

(a) it is capable of providing young persons with an effective sex education program that shall be meaningful, substantially involve parents and other adults as feasible and appropriate, and shall be conducted in accordance with this article and any regulations under this article;

(b) if such applicant is a community based organization, that it has a proven record and experience in conducting meaningful and successful age-appropriate sex education programs for at least five years prior to the calendar year in which application for the grant is made, and that it is capable of providing an age-appropriate sex education program to a broad based segment of the youth population with specific emphasis on targeted at-risk youths in such organization's service area. The commissioner may seek and he or she shall receive any pertinent information or request and receive recommendations as to such community based organization's interactions or prior dealings with any other state or local governmental entity, including, but not limited to, any public school district or board of cooperative educational services in making the determination required by this paragraph.

4. All monies provided in grants under this article shall be in addition to, and not in lieu of, any moneys historically appropriated for

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the same or similar purposes and shall not be used to offset or reduce moneys previously expended for similar programs.

§ 1452. Age-appropriate sex education grant program awards. 1. Within amounts appropriated therefor, the commissioner shall be authorized to grant awards for the support of approved age-appropriate sex education grant programs.

2. Grants to support an approved age-appropriate sex education grant program shall be awarded on a competitive basis in accordance with criteria established by the commissioner.

3. The department shall, from within amounts appropriated to the department, undertake all activities necessary to plan for and preliminarily provide for the timely implementation of the age-appropriate sex education grant program authorized by this article for the state fiscal year commencing one year following the effective date of this article.

4. Not more than five percent of any amounts made available by appropriation in any single fiscal year for the age-appropriate sex education grant program shall be annually retained by the commissioner for the administrative purposes of the department.

5. Of the amounts made available by appropriation for the sex education grant program, not more than five percent of any funds made by such appropriation for the state fiscal year commencing three years following the effective date of this article shall be made available for payment to a nationally recognized and accredited organization with experience in analyzing the efficacy and benefits of sex education grant programs for purposes of enabling such organization to evaluate the totality of the grant program and grants awarded in the two years following the effective date of this article. Similarly, not more than four percent of any funds for the state fiscal year commencing four years following the effective date of this article shall be made available for payment to the same organization which was awarded the initial contract to so analyze the age-appropriate sex education grant program for the purpose of providing necessary funds to them to analyze the age-appropriate sex education grant program from its inception through and including all the grant year periods authorized under this article. The contract to be awarded to such organization shall be let only after a request for proposal has been issued by the department in the manner provided for by law, and the award of such contract shall be subject to competitive bidding requirements as also required by law. The department shall include within the request for proposal detailed criteria of evaluation to be employed by the organization to be awarded the bid. The request for proposal shall also allow for a bidding organization to submit additional evaluative criteria that may be utilized by the organization awarded the bid if approved by the department. Notwithstanding any inconsistent provision of this subdivision, the request for proposal shall include a provision authorizing the commissioner to terminate the awarded contract to the successful bidder with respect to the conduct of the second evaluation of the grant program for the entire grant period authorized under this article if the commissioner is not satisfied with the quality of effort demonstrated by such bidder in the first evaluation of the grant program period. In such case, a similar request for proposal procedure shall be utilized for the purpose of making the second evaluation.

6. Beginning with the school year in July two years following the effective date of this article and every school year thereafter, from any annual appropriations and/or reappropriations made therefor, the commissioner shall set aside eighty percent of the money so appropriated

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(minus any amounts necessary to pay adjustment expenses pursuant to subdivisions three, four and five of this section) for the purpose of awarding grants for sex education grant program plans approved by the commissioner pursuant to section fourteen hundred fifty-three of this article to be conducted by public school districts and/or boards of cooperative educational services including those programs which are going to be conducted in accordance with a program plan pursuant to consortiums or partnerships formed by a public school district and/or board of cooperative educational services and a school-based health center or one or more community based organizations. Priority, substantial consideration and weight shall be accorded by the commissioner in the awarding of grants to such consortiums or partnerships. Similarly, the commissioner shall set aside twenty per centum of any appropriation for the purpose of awarding grants for age-appropriate sex education grant program plans approved by the commissioner for eligible applicants who are community based organizations or school-based health centers which are not conducting such program as part of a consortium or partnership.