Requires that public school districts provide parents with notice of curriculum and obtain parental consent prior to providing sexual health education to students ten years of age or younger.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9870
SPONSOR: Williams
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring parental
consent for sexual health education for certain students
 
PURPOSE OR GENERAL IDEA OF BILL:
to require parental consent for sexual health education for certain
students
 
SUMMARY OF PROVISIONS:
Section 1. Amends the education law by adding a new section 818 as
follows: Sexual health education shall mean education regarding human
development and sexuality, including but not limited to education on
pregnancy, contraception and sexually transmitted infections.
Section 2. provides an effective date.
 
JUSTIFICATION:
New York does not currently require sexual education to be taught in
elementary schools. However, if that ever changes any public school
district providing such education is required to notify a parent or
legal guardian of any student 10 years of age and younger with written
notice of the curriculum of sexual health education along with a written
parental consent form. A parent or legal guardian must be notified 30
days prior to the start of an academic year outlining such curriculum.
Passive consent is prohibited. If such parental consent form is not
signed by at least one of a student's parents or legal guardian and
returned to the relevant school authorities prior to the start of the
academic year, such student shall be excluded from any sexual health
education.
 
PRIOR LEGISLATIVE HISTORY:
none
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
EFFECTIVE DATE:
this act shall take effect immediately and shall apply to academic years
beginning on or after such effective date
STATE OF NEW YORK
________________________________________________________________________
9870
IN ASSEMBLY
April 24, 2024
___________
Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to requiring parental
consent for sexual health education for certain students
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 818 to
2 read as follows:
3 § 818. Sexual health education; parental consent. 1. For the purposes
4 of this section, "sexual health education" shall mean education regard-
5 ing human development and sexuality, including but not limited to educa-
6 tion on pregnancy, contraception and sexually transmitted infections.
7 2. Any public school district providing sexual health education to
8 students ten years of age or younger shall, no later than thirty days
9 prior to the start of an academic year, provide a parent or legal guard-
10 ian of every student ten years of age or younger with written notice of
11 the curriculum of such sexual health education and a parental consent
12 form.
13 3. If such parental consent form is not signed by at least one of a
14 student's parents or a legal guardian and returned to the relevant
15 school authorities prior to the start of the academic year, such student
16 shall be excluded from any sexual health education.
17 4. The provisions of this section shall not prohibit any instruction
18 pursuant to section eight hundred three-b of this article.
19 § 2. This act shall take effect immediately and shall apply to academ-
20 ic years beginning on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15183-01-4