Text of NY S 3836 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 3836 2009-2010 Regular Sessions I N S E N A T E April 2, 2009 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed 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. Legislative intent. The legislature finds and declares 2 that New York state's teen pregnancy rate, 59.2 per 1000 female 15-19 3 year olds as compared to the Healthy People 2010 goal of 43 cases per 4 1000 female 15-19 year olds falls far too short of the public health 5 expectation set by the Surgeon General. New York state had 40,000 teen 6 pregnancies in 2006. In addition, according to the centers for disease 7 control, 1 in 4 teenage girls has a sexually transmitted infection. 8 This is true in New York state as well. Current research documents that 9 individuals who receive early, comprehensive, age-appropriate, and 10 scientifically accurate education in the health and other benefits of 11 sexual abstinence, family planning, and birth control are more likely to 12 delay sexual activity and engage later in such activity with a higher 13 degree of responsibility and safety. Comprehensive sex education 14 programs which complement parental involvement and instruction respect 15 the diversity and values of our state and provide our youth at risk with 16 the foundation to make responsibly informed choices. The earlier such 17 programs are commenced on an age-appropriate curriculum basis, the more 18 responsible will be the sexual activity decisions. 19 Statistics within New York state communities show an increase in rates 20 of sexually transmitted diseases among adolescents over the past several 21 years. Adolescents are the fastest growing population of new HIV/AIDS 22 cases. These increases place greater demand on the state's health care 23 delivery system and require that we take immediate action and embark on 24 a dedicated mission to provide targeted at-risk adolescents with a more EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00358-04-9 S. 3836 2 1 concentrated sex education program with a significant parental compo- 2 nent, designed to inform and instruct them on abstinence, protection and 3 pregnancy prevention. Approximately 25 percent of new cases of sexually 4 transmitted diseases each year occur among teenagers and two-thirds of 5 such new cases occur among persons 15 to 24 years old. By age 24, at 6 least one in three sexually active persons are estimated to have had a 7 sexually transmitted disease. By way of example, the highest age-specif- 8 ic gonorrhea rates among women and the third highest rates among men are 9 in the 15 to 19 year old group. 10 It is the intent of the legislature that the age-appropriate sex 11 education grant program established in this act provide at-risk adoles- 12 cents with the information, assistance, skills and support to enable 13 them to make responsible decisions, including abstaining from sexual 14 intercourse and for those who do become sexually active, the use of 15 condoms or contraceptives effectively. 16 S 2. This act shall be known and may be cited as the "healthy teens 17 act". 18 S 3. The public health law is amended by adding a new article 14-A to 19 read as follows: 20 ARTICLE 14-A 21 AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM 22 SECTION 1450. DEFINITIONS. 23 1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT 24 PROGRAM; GENERAL COMPONENTS. 25 1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 26 1453. APPLICATION FOR GRANTS; AGE-APPROPRIATE SEX EDUCATION 27 GRANT PROGRAM PLAN. 28 1454. MAINTENANCE OF EFFORT. 29 1455. ANNUAL REPORTS BY GRANT RECIPIENTS. 30 1456. NOTIFICATION TO POTENTIAL APPLICANTS. 31 1457. REGULATIONS. 32 S 1450. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 33 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 34 1. "ELIGIBLE APPLICANT" MEANS (A) A PUBLIC SCHOOL DISTRICT, (B) A 35 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A SCHOOL-BASED HEALTH 36 CENTER, (D) A COMMUNITY BASED ORGANIZATION WHICH MAY BE A FOR-PROFIT 37 CORPORATION OR ENTITY OR NOT-FOR-PROFIT CORPORATION OR ORGANIZATION, OR 38 (E) A CONSORTIUM OR PARTNERSHIP FORMED BY A PUBLIC SCHOOL DISTRICT, A 39 BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR A SCHOOL-BASED HEALTH 40 CENTER AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES FOR 41 THE AWARD OF AN AGE-APPROPRIATE SEX EDUCATION GRANT BY THE COMMISSIONER 42 UNDER THIS ARTICLE. 43 2. "GRANT PROGRAM PLAN" MEANS THE PLAN SUBMITTED TO THE COMMISSIONER 44 BY AN ELIGIBLE APPLICANT UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF 45 THIS ARTICLE. 46 3. "STATE INCOME STANDARD" MEANS THE MOST RECENT FEDERAL INCOME OFFI- 47 CIAL POVERTY LINE AS DEFINED ANNUALLY AND REVISED BY THE FEDERAL OFFICE 48 OF MANAGEMENT AND BUDGET ADJUSTED FOR FAMILY SIZE. 49 4. "AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM" MEANS A COMPREHENSIVE 50 AGE-APPROPRIATE SEX EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT 51 UNDER SECTION FOURTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE. 52 5. "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER ARTICLE 53 TWENTY-EIGHT OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED UNDER 54 ARTICLE TWENTY-EIGHT OF THIS CHAPTER, WHICH PROVIDES PRIMARY CARE 55 SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING. S. 3836 3 1 S 1451. ESTABLISHMENT OF AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM; 2 GENERAL COMPONENTS. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT 3 AN AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM. THE PROGRAM SHALL BE 4 FORMULATED BY THE COMMISSIONER AFTER CONSULTATION WITH THE COMMISSIONER 5 OF EDUCATION. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO 6 ELIGIBLE APPLICANTS TO SUPPORT AGE-APPROPRIATE SEX EDUCATION GRANT 7 PROGRAMS FOR YOUNG PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION 8 IN THE COMPONENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. 9 2. IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNUAL 10 GRANT UNDER SUBDIVISION THREE OF THIS SECTION, SUCH AN APPLICANT SHALL 11 SUBMIT WITH ITS APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE 12 OFFERED IN ITS AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM. THE COMMIS- 13 SIONER SHALL DETERMINE CERTAIN TOPICS OF INSTRUCTION TO BE OPTIONAL FOR 14 AGE-APPROPRIATE REASONS AS SHALL BE SPECIFIED BY THE COMMISSIONER IN 15 APPLICATION INSTRUCTIONS MADE AVAILABLE BY THE DEPARTMENT FOR THE 16 PURPOSES OF IMPLEMENTING THIS ARTICLE. IT IS NOT NECESSARY TO PROVIDE 17 EQUAL EMPHASIS ON EACH COMPONENT OF INSTRUCTION, HOWEVER A PROJECT MAY 18 NOT BE INCONSISTENT WITH ANY OF THE COMPONENTS. THE COMPONENTS OF 19 INSTRUCTION SHALL INCLUDE WHETHER SUCH INSTRUCTION: 20 (A) IS AGE-APPROPRIATE AND MEDICALLY-ACCURATE; 21 (B) DOES NOT TEACH OR PROMOTE RELIGION, PROVIDED THAT THIS PARAGRAPH 22 SHALL NOT PRECLUDE DISCUSSION OF MORAL, ETHICAL OR RELIGIOUS VIEWS 23 RELATED TO SEX OR SEXUAL RELATIONSHIPS; 24 (C) TEACHES THAT ABSTINENCE IS THE ONLY SURE WAY TO AVOID PREGNANCY OR 25 SEXUALLY TRANSMITTED DISEASES; 26 (D) STRESSES THE VALUE OF ABSTINENCE WHILE NOT IGNORING THOSE ADOLES- 27 CENTS WHO HAVE HAD OR WHO ARE HAVING SEXUAL INTERCOURSE; 28 (E) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF 29 ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO PREVENT PREGNANCY; 30 (F) PROVIDES INFORMATION ABOUT THE HEALTH BENEFITS AND SIDE EFFECTS OF 31 ALL CONTRACEPTIVES AND BARRIER METHODS AS A MEANS TO REDUCE THE RISK OF 32 CONTRACTING SEXUALLY TRANSMITTED DISEASES, HIV/AIDS AND OTHER DISEASES; 33 (G) PROVIDES INFORMATION ABOUT THE VACCINE FOR HUMAN PAPILLOMA VIRUS, 34 WHICH MAY PREVENT CERVICAL CANCER, GENITAL WARTS, INFERTILITY, AND OTHER 35 REPRODUCTIVE HEALTH PROBLEMS, WHEN ADMINISTERED PRIOR TO BECOMING SEXU- 36 ALLY ACTIVE; 37 (H) ENCOURAGES FAMILY COMMUNICATION ABOUT SEXUALITY AMONG PARENTS, 38 OTHER ADULT HOUSEHOLD MEMBERS AND CHILDREN; 39 (I) TEACHES SKILLS TO MAKE RESPONSIBLE DECISIONS ABOUT SEXUALITY, 40 INCLUDING HOW TO AVOID UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES, 41 AND HOW NOT TO MAKE UNWANTED VERBAL, PHYSICAL AND SEXUAL ADVANCES; 42 (J) TEACHES HOW ALCOHOL AND DRUG USE CAN AFFECT RESPONSIBLE DECISION 43 MAKING; 44 (K) HELPS YOUNG PEOPLE TO GAIN KNOWLEDGE ABOUT THE PHYSICAL, BIOLOG- 45 ICAL AND HORMONAL CHANGES OF ADOLESCENCE AND SUBSEQUENT STAGES OF HUMAN 46 MATURATION; 47 (L) DEVELOPS THE KNOWLEDGE AND SKILLS NECESSARY TO ENSURE AND PROTECT 48 YOUNG PEOPLE WITH RESPECT TO THEIR SEXUAL AND REPRODUCTIVE HEALTH; 49 (M) ASSISTS YOUNG PEOPLE IN GAINING KNOWLEDGE ABOUT THE SPECIFIC 50 INVOLVEMENT OF, AND RESPONSIBILITY OF BOTH MALES AND FEMALES IN SEXUAL 51 DECISION MAKING; 52 (N) DEVELOPS HEALTHY ATTITUDES AND VALUES CONCERNING GROWTH AND DEVEL- 53 OPMENT, BODY IMAGE, GENDER ROLES, SEXUAL ORIENTATION AND OTHER SUBJECTS; 54 (O) ENCOURAGES YOUNG PEOPLE TO PRACTICE HEALTHY LIFE SKILLS INCLUDING 55 GOAL SETTING, DECISION MAKING, NEGOTIATION, AND COMMUNICATION AND STRESS 56 MANAGEMENT; S. 3836 4 1 (P) PROMOTES SELF-ESTEEM AND POSITIVE INTERPERSONAL SKILLS FOCUSING ON 2 RELATIONSHIP SKILLS, INCLUDING PLATONIC, ROMANTIC, INTIMATE AND FAMILY 3 RELATIONSHIPS AND INTERACTION AND HOW TO AVOID RELATIONSHIP ABUSE; AND 4 (Q) IS BASED ON THEORETICAL PROJECTS THAT HAVE BEEN DEMONSTRATED TO 5 INFLUENCE HEALTH BEHAVIOR. 6 IT IS NOT NECESSARY FOR THE GRANTEE TO ADDRESS EVERY COMPONENT OF 7 INSTRUCTION, HOWEVER, PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE 8 REQUIRED OF ALL APPLICANT PROGRAMS. NO PROGRAM MAY INCLUDE INFORMATION 9 OR MESSAGES THAT CONTRADICT ANY OF THE COMPONENTS. 10 3. ANY ELIGIBLE APPLICANT MAY APPLY FOR, AND UPON APPROVAL OF THE 11 APPLICATION BY THE COMMISSIONER, SHALL BE AWARDED AN ANNUAL SEX EDUCA- 12 TION GRANT PROVIDED IT DEMONSTRATES IN THE GRANT PROGRAM PLAN SUBMITTED 13 TO THE COMMISSIONER THAT: 14 (A) IT IS CAPABLE OF PROVIDING YOUNG PERSONS WITH AN EFFECTIVE SEX 15 EDUCATION PROGRAM THAT SHALL BE MEANINGFUL, SUBSTANTIALLY INVOLVE 16 PARENTS AND OTHER ADULTS AS FEASIBLE AND APPROPRIATE, AND SHALL BE 17 CONDUCTED IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS UNDER THIS 18 ARTICLE; 19 (B) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT IT HAS A 20 PROVEN RECORD AND EXPERIENCE IN CONDUCTING MEANINGFUL AND SUCCESSFUL 21 AGE-APPROPRIATE SEX EDUCATION PROGRAMS FOR AT LEAST FIVE YEARS PRIOR TO 22 THE CALENDAR YEAR IN WHICH APPLICATION FOR THE GRANT IS MADE, AND THAT 23 IT IS CAPABLE OF PROVIDING AN AGE-APPROPRIATE SEX EDUCATION PROGRAM TO A 24 BROAD BASED SEGMENT OF THE YOUTH POPULATION WITH SPECIFIC EMPHASIS ON 25 TARGETED AT-RISK YOUTHS IN SUCH ORGANIZATION'S SERVICE AREA. THE COMMIS- 26 SIONER MAY SEEK AND HE OR SHE SHALL RECEIVE ANY PERTINENT INFORMATION OR 27 REQUEST AND RECEIVE RECOMMENDATIONS AS TO SUCH COMMUNITY BASED ORGANIZA- 28 TION'S INTERACTIONS OR PRIOR DEALINGS WITH ANY OTHER STATE OR LOCAL 29 GOVERNMENTAL ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY PUBLIC SCHOOL 30 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN MAKING THE 31 DETERMINATION REQUIRED BY THIS PARAGRAPH. 32 4. ALL MONIES PROVIDED IN GRANTS UNDER THIS ARTICLE SHALL BE IN ADDI- 33 TION TO, AND NOT IN LIEU OF, ANY MONEYS HISTORICALLY APPROPRIATED FOR 34 THE SAME OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET OR REDUCE 35 MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS. 36 S 1452. AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM AWARDS. 1. WITHIN 37 AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER SHALL BE AUTHORIZED TO 38 GRANT AWARDS FOR THE SUPPORT OF APPROVED AGE-APPROPRIATE SEX EDUCATION 39 GRANT PROGRAMS. 40 2. GRANTS TO SUPPORT AN APPROVED AGE-APPROPRIATE SEX EDUCATION GRANT 41 PROGRAM SHALL BE AWARDED ON A COMPETITIVE BASIS IN ACCORDANCE WITH 42 CRITERIA ESTABLISHED BY THE COMMISSIONER. 43 3. THE DEPARTMENT SHALL, FROM WITHIN AMOUNTS APPROPRIATED TO THE 44 DEPARTMENT, UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR AND PRELIMI- 45 NARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE AGE-APPROPRIATE SEX 46 EDUCATION GRANT PROGRAM AUTHORIZED BY THIS ARTICLE FOR THE STATE FISCAL 47 YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE. 48 4. NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY APPRO- 49 PRIATION IN ANY SINGLE FISCAL YEAR FOR THE AGE-APPROPRIATE SEX EDUCATION 50 GRANT PROGRAM SHALL BE ANNUALLY RETAINED BY THE COMMISSIONER FOR THE 51 ADMINISTRATIVE PURPOSES OF THE DEPARTMENT. 52 5. OF THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE SEX EDUCA- 53 TION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS MADE BY SUCH 54 APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE YEARS FOLLOWING 55 THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT 56 TO A NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION WITH EXPERIENCE S. 3836 5 1 IN ANALYZING THE EFFICACY AND BENEFITS OF SEX EDUCATION GRANT PROGRAMS 2 FOR PURPOSES OF ENABLING SUCH ORGANIZATION TO EVALUATE THE TOTALITY OF 3 THE GRANT PROGRAM AND GRANTS AWARDED IN THE TWO YEARS FOLLOWING THE 4 EFFECTIVE DATE OF THIS ARTICLE. SIMILARLY, NOT MORE THAN FOUR PERCENT 5 OF ANY FUNDS FOR THE STATE FISCAL YEAR COMMENCING FOUR YEARS FOLLOWING 6 THE EFFECTIVE DATE OF THIS ARTICLE SHALL BE MADE AVAILABLE FOR PAYMENT 7 TO THE SAME ORGANIZATION WHICH WAS AWARDED THE INITIAL CONTRACT TO SO 8 ANALYZE THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM FOR THE PURPOSE 9 OF PROVIDING NECESSARY FUNDS TO THEM TO ANALYZE THE AGE-APPROPRIATE SEX 10 EDUCATION GRANT PROGRAM FROM ITS INCEPTION THROUGH AND INCLUDING ALL THE 11 GRANT YEAR PERIODS AUTHORIZED UNDER THIS ARTICLE. THE CONTRACT TO BE 12 AWARDED TO SUCH ORGANIZATION SHALL BE LET ONLY AFTER A REQUEST FOR 13 PROPOSAL HAS BEEN ISSUED BY THE DEPARTMENT IN THE MANNER PROVIDED FOR BY 14 LAW, AND THE AWARD OF SUCH CONTRACT SHALL BE SUBJECT TO COMPETITIVE 15 BIDDING REQUIREMENTS AS ALSO REQUIRED BY LAW. THE DEPARTMENT SHALL 16 INCLUDE WITHIN THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF EVALUATION 17 TO BE EMPLOYED BY THE ORGANIZATION TO BE AWARDED THE BID. THE REQUEST 18 FOR PROPOSAL SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDI- 19 TIONAL EVALUATIVE CRITERIA THAT MAY BE UTILIZED BY THE ORGANIZATION 20 AWARDED THE BID IF APPROVED BY THE DEPARTMENT. NOTWITHSTANDING ANY 21 INCONSISTENT PROVISION OF THIS SUBDIVISION, THE REQUEST FOR PROPOSAL 22 SHALL INCLUDE A PROVISION AUTHORIZING THE COMMISSIONER TO TERMINATE THE 23 AWARDED CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF 24 THE SECOND EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE GRANT PERIOD 25 AUTHORIZED UNDER THIS ARTICLE IF THE COMMISSIONER IS NOT SATISFIED WITH 26 THE QUALITY OF EFFORT DEMONSTRATED BY SUCH BIDDER IN THE FIRST EVALU- 27 ATION OF THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR REQUEST FOR 28 PROPOSAL PROCEDURE SHALL BE UTILIZED FOR THE PURPOSE OF MAKING THE 29 SECOND EVALUATION. 30 6. BEGINNING WITH THE SCHOOL YEAR IN JULY TWO YEARS FOLLOWING THE 31 EFFECTIVE DATE OF THIS ARTICLE AND EVERY SCHOOL YEAR THEREAFTER, FROM 32 ANY ANNUAL APPROPRIATIONS AND/OR REAPPROPRIATIONS MADE THEREFOR, THE 33 COMMISSIONER SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRIATED 34 (MINUS ANY AMOUNTS NECESSARY TO PAY ADJUSTMENT EXPENSES PURSUANT TO 35 SUBDIVISIONS THREE, FOUR AND FIVE OF THIS SECTION) FOR THE PURPOSE OF 36 AWARDING GRANTS FOR SEX EDUCATION GRANT PROGRAM PLANS APPROVED BY THE 37 COMMISSIONER PURSUANT TO SECTION FOURTEEN HUNDRED FIFTY-THREE OF THIS 38 ARTICLE TO BE CONDUCTED BY PUBLIC SCHOOL DISTRICTS AND/OR BOARDS OF 39 COOPERATIVE EDUCATIONAL SERVICES INCLUDING THOSE PROGRAMS WHICH ARE 40 GOING TO BE CONDUCTED IN ACCORDANCE WITH A PROGRAM PLAN PURSUANT TO 41 CONSORTIUMS OR PARTNERSHIPS FORMED BY A PUBLIC SCHOOL DISTRICT AND/OR 42 BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND A SCHOOL-BASED HEALTH 43 CENTER OR ONE OR MORE COMMUNITY BASED ORGANIZATIONS. PRIORITY, SUBSTAN- 44 TIAL CONSIDERATION AND WEIGHT SHALL BE ACCORDED BY THE COMMISSIONER IN 45 THE AWARDING OF GRANTS TO SUCH CONSORTIUMS OR PARTNERSHIPS. SIMILARLY, 46 THE COMMISSIONER SHALL SET ASIDE TWENTY PER CENTUM OF ANY APPROPRIATION 47 FOR THE PURPOSE OF AWARDING GRANTS FOR AGE-APPROPRIATE SEX EDUCATION 48 GRANT PROGRAM PLANS APPROVED BY THE COMMISSIONER FOR ELIGIBLE APPLICANTS 49 WHO ARE COMMUNITY BASED ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS 50 WHICH ARE NOT CONDUCTING SUCH PROGRAM AS PART OF A CONSORTIUM OR PART- 51 NERSHIP. 52 7. IN MAKING GRANTS UNDER THIS ARTICLE, THE COMMISSIONER SHALL ALSO 53 GIVE SPECIAL CONSIDERATION AND WEIGHT TO: (I) THE NUMBER OF REPORTED 54 ADOLESCENT PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVI- 55 OUS TEN YEARS AND THE NUMBER OF ADOLESCENT PARENTS, INCLUDING WHERE 56 FEASIBLE, THE NUMBER OF SINGLE PARENTS, WHO CURRENTLY RESIDE IN SUCH S. 3836 6 1 AREA, (II) THE NUMBER OF REPORTED OCCURRENCES OF SEXUALLY TRANSMITTED 2 DISEASES AND HIV/AIDS AMONG RESIDENTS OF THE AREA TO BE SERVED, WITH 3 PARTICULAR EMPHASIS ON HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN 4 THE AREA TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE 5 HUNDRED FIFTY PERCENT OF THE ESTABLISHED STATE INCOME STANDARD OR WHO 6 PARTICIPATE IN THE FREE AND REDUCED PRICE LUNCH PROGRAM AS DEFINED IN 7 SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW, 8 AND ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT 9 THE AREA TO BE SERVED IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) 10 THE HIGH SCHOOL DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION 11 DEPARTMENT, AND (V) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH 12 INDICATES THAT THE AREA TO BE SERVED IS IN NEED OF AN AGE-APPROPRIATE 13 SEX EDUCATION PROGRAM. 14 S 1453. APPLICATION FOR GRANTS; AGE-APPROPRIATE SEX EDUCATION GRANT 15 PROGRAM PLAN. 1. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION PROCE- 16 DURE BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS 17 ARTICLE, AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE CRITE- 18 RIA CONSISTENT WITH THIS ARTICLE BY WHICH THE COMMISSIONER SHALL DETER- 19 MINE THE ELIGIBILITY OF AN APPLICANT. 20 2. THE ELIGIBLE APPLICANT SHALL SUBMIT WITH ITS AGE-APPROPRIATE SEX 21 EDUCATION GRANT APPLICATION ITS GRANT PROGRAM PLAN TO THE COMMISSIONER, 22 WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED AGE-APPROPRI- 23 ATE SEX EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO: 24 (A) THE MANNER IN WHICH PARENTS AND OTHER ADULTS WILL BE INCLUDED IN 25 THE PROGRAM; 26 (B) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI- 27 CANT'S PROGRAM, INCLUDING THE INSTRUCTIONAL MATERIALS, BOOKS, VIDEOS OR 28 OTHER INSTRUCTIONAL TOOLS TO BE USED AND THE TRAINING WHICH WILL BE 29 PROVIDED TO TEACHERS, PERSONNEL AND VOLUNTEERS WHO WILL CONDUCT THE 30 PROGRAM. SUCH CURRICULUM SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A 31 COMPREHENSIVE BLOCK OF INSTRUCTION THAT STRESSES ABSTINENCE AS THE MOST 32 EFFECTIVE AND APPROPRIATE PROTECTION AGAINST HIV/AIDS AND PREGNANCY AND 33 WHICH CONTAINS WRITTEN AND ORAL INSTRUCTION ON THE PREVENTION OF SEXUAL- 34 LY TRANSMITTED DISEASES. THE OTHER CORE ELEMENTS SHALL SATISFY A SIGNIF- 35 ICANT NUMBER OF, OR PREFERABLY ALL OF, THE COMPONENTS OF AN AGE-APPRO- 36 PRIATE SEX EDUCATION GRANT PROGRAM AS ESTABLISHED IN SECTION FOURTEEN 37 HUNDRED FIFTY-ONE OF THIS ARTICLE; 38 (C) ANY SPECIAL, OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA- 39 TION METHODS TO BE UTILIZED; 40 (D) THE NUMBER AND TYPES OF TEACHING OR OTHER PERSONNEL TO BE 41 EMPLOYED, OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL OR 42 ACADEMIC CREDENTIALS; 43 (E) THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE OFFERED 44 AND A DESCRIPTION OF THE CATEGORIES AND AGE GROUPINGS OF AT-RISK ADOLES- 45 CENTS INCLUDED IN SUCH PROGRAM, ALONG WITH AN ESTIMATE OF THE NUMBER OF 46 ADOLESCENTS WHO THE APPLICANT ESTIMATES WILL PARTICIPATE IN SUCH 47 PROGRAM; 48 (F) A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS OF 49 COURSE LENGTH AND IN TERMS OF BOTH SHORT TERM AND LONG-RANGE GOALS; 50 (G) THE NEED FOR SUCH PROGRAM IN THE PROPOSED AREA TO BE SERVED. IN 51 DETERMINING SUCH NEED THE COMMISSIONER SHALL SPECIFICALLY CONSIDER THE 52 FOLLOWING FACTORS AND GIVE SPECIAL ATTENTION TO PROGRAMS SERVICING AREAS 53 WHICH HAVE A HIGHER THAN AVERAGE INCIDENCE IN ONE OR MORE OF THE FOLLOW- 54 ING ENUMERATED LIFE EXPERIENCES: (I) THE NUMBER OF REPORTED ADOLESCENT 55 PREGNANCIES BY PERSONS RESIDING IN SUCH AREA OVER THE PREVIOUS TEN YEARS 56 AND THE NUMBER OF ADOLESCENT PARENTS, INCLUDING WHERE FEASIBLE, THE S. 3836 7 1 NUMBER OF SINGLE PARENTS, WHO CURRENTLY RESIDE IN SUCH AREA, (II) THE 2 NUMBER OF REPORTED OCCURRENCES OF SEXUALLY TRANSMITTED DISEASES AND 3 HIV/AIDS AMONG RESIDENTS OF THE AREA TO BE SERVED, WITH PARTICULAR 4 EMPHASIS ON HIV/AIDS, (III) THE NUMBER OF PERSONS RESIDING IN THE AREA 5 TO BE SERVED WHOSE ANNUAL PERSONAL INCOME IS LESS THAN ONE HUNDRED FIFTY 6 PERCENT OF THE ESTABLISHED STATE INCOME STANDARD OR WHO PARTICIPATE IN 7 THE FREE OR REDUCED PRICE LUNCH PROGRAM AS DEFINED IN SUBDIVISION ONE OF 8 SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW, AND ANY OTHER 9 GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT THE AREA TO BE 10 SERVED IS ECONOMICALLY OR OTHERWISE DISADVANTAGED, (IV) THE HIGH SCHOOL 11 DROP OUT RATE IN THE AREA AS DETERMINED BY THE EDUCATION DEPARTMENT, AND 12 (V) ANY OTHER GENERALLY AVAILABLE STATISTICAL DATA WHICH INDICATES THAT 13 THE AREA TO BE SERVED IS IN NEED OF AN AGE-APPROPRIATE SEX EDUCATION 14 PROGRAM; 15 (H) THE SUCCESS REALIZED BY AN ELIGIBLE APPLICANT IN REDUCING UNWANTED 16 PREGNANCIES AND CASES OF SEXUALLY TRANSMITTED DISEASES, AS WELL AS 17 REDUCING RISK BEHAVIOR, IN PROGRAMS PREVIOUSLY, OR CURRENTLY, CONDUCTED; 18 AND 19 (I) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUEST. 20 3. IN CONSIDERING APPLICATIONS SUBMITTED BY ELIGIBLE APPLICANTS, THE 21 COMMISSIONER SHALL GIVE SPECIAL ATTENTION, AND GRANT PRIORITY TO APPLI- 22 CATIONS SUBMITTED BY AN ELIGIBLE APPLICANT WHICH IS A PUBLIC SCHOOL 23 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WORKING IN CONSOR- 24 TIUM OR PARTNERSHIP WITH ONE OR MORE COMMUNITY BASED ORGANIZATIONS OR 25 SCHOOL-BASED HEALTH CENTERS, ESPECIALLY WHERE THE COMMUNITY BASED ORGAN- 26 IZATION, ORGANIZATIONS OR SCHOOL-BASED HEALTH CENTERS HAS A DEMONSTRATED 27 RECORD OF SUCCESS IN THE CONDUCT OF SEX EDUCATION PROGRAMS OF A SIMILAR 28 NATURE TO THE SEX EDUCATION PROGRAM PROVIDED FOR IN THIS ARTICLE. 29 S 1454. MAINTENANCE OF EFFORT. ANY MONIES MADE AVAILABLE TO AN ELIGI- 30 BLE APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS 31 PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR, 32 BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI- 33 BLE APPLICANT SHALL REDUCE ANY SUBSEQUENT YEARS' EXPENDITURES FOR THE 34 SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE 35 IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS ARTICLE. 36 S 1455. ANNUAL REPORTS BY GRANT RECIPIENTS. 1. EVERY ELIGIBLE APPLI- 37 CANT THAT HAS BEEN AWARDED A GRANT UNDER THIS ARTICLE SHALL FILE AN 38 ANNUAL REPORT WITH THE COMMISSIONER, IN SUCH FORM AND WITH SUCH DATA AS 39 THE COMMISSIONER PRESCRIBES DETAILING THE EXPENDITURE OF GRANT FUNDS, 40 TOGETHER WITH AN ANALYSIS OF THE AGE-APPROPRIATE SEX EDUCATION GRANT 41 PROGRAM IT CONDUCTED, WITH A SUMMARY OF ITS SUCCESS OR FAILURES IN 42 ALTERING ATTITUDES REGARDING THE MERITS OF SEXUAL ABSTINENCE AS WELL AS 43 IN PREVENTING UNWANTED PREGNANCIES, SEXUALLY TRANSMITTED DISEASES AND 44 HIV/AIDS. 45 2. THE COMMISSIONER SHALL ON OR BEFORE FEBRUARY FIRST IN EACH YEAR, 46 SUBMIT A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT 47 OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY CONTAINING HIS OR HER 48 FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR 49 AND THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE RESPEC- 50 TIVELY, THE COMMISSIONER SHALL ALSO INCLUDE THE EVALUATION OF THE 51 PROGRAM AS PRESENTED BY THE ACCREDITED ORGANIZATION IN ACCORDANCE WITH 52 SECTION FOURTEEN HUNDRED FIFTY-TWO OF THIS ARTICLE. 53 S 1456. NOTIFICATION TO POTENTIAL APPLICANTS. THE COMMISSIONER SHALL 54 TIMELY SEND TO EVERY PUBLIC SCHOOL DISTRICT AND BOARD OF COOPERATIVE 55 EDUCATIONAL SERVICES AND TO EVERY REQUESTING COMMUNITY BASED ORGANIZA- 56 TION OR SCHOOL-BASED HEALTH CENTER A COPY OF THIS ARTICLE AND GENERAL S. 3836 8 1 INFORMATION RELATING TO THE AGE-APPROPRIATE SEX EDUCATION GRANT PROGRAM 2 AND THE APPLICATION PROCESS THEREFOR. 3 S 1457. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS 4 SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI- 5 CLE. 6 S 4. Severability. If any provision of this act, or any application 7 of any provision of this act, is held to be invalid, that shall not 8 affect the validity or effectiveness of any other provision of this act, 9 or of any other application of any provision of this act. 10 S 5. This act shall take effect immediately.