Provides that all public schools shall include as a part of health education instruction concerning the prevention and reporting of sexual abuse and assault.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3688
SPONSOR: Gunther TITLE OF BILL:
An act to amend the education law, in relation to instruction regarding
the prevention and reporting of sexual abuse and assault
PURPOSE OR GENERAL IDEA OF BILL:
This legislation amends the Education Law by adding a new section 803-b.
This section requires that age appropriate instruction concerning the
recognition, avoidance, refusal and reporting of incidences of sexual
abuse and assault be included as an integral part of health education
for students from elementary through secondary school.
SUMMARY OF SPECIFIC PROVISIONS:
Section 803-b is added to require the teaching of recognition, avoid-
ance, refusal and reporting of incidences of sexual assault and abuse
for school age children. The bill requires that the curriculum taught to
the children is kept current with the practices and standards in the
prevention of sexual abuse and assault.
For elementary school children, the curriculum will be taught by either
the regular classroom teacher or a teacher holding a certificate to
teach health education. These teachers would be trained on the avoidance
and reporting of child sexual abuse and assault. For secondary school
children, the instruction shall be given by teachers certified to teach
health education. All instruction would be age appropriate.
JUSTIFICATION:
This bill would combat child sexual abuse by providing age appropriate
instruction to children in methods to avoid sexual abuse or assault and
build on existing required school curriculum designed to prevent chil-
dren from being abducted. Such instruction would help safeguard children
from sexual abuse.
PRIOR LEGISLATIVE HISTORY:
2017-18: A533 referred to Education
2015-16: A1037 referred to Education
2013-14: A1345 referred to Education
2011-12: A1960 referred to Education
2009-10: A384 referred to Education
2007-08: A3012 referred to Education
2005-06: A8415A passed Assembly
FISCAL IMPLICATION:
Minimal.
EFFECTIVE DATE:
First of September next succeeding the date on which it shall have
become a law, provided, however, that effective immediately the commis-
sioner of education is authorized to adopt any rules or regulations
necessary to implement the provisions of this act on such effective
date.
STATE OF NEW YORK
________________________________________________________________________
3688
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to instruction regarding
the prevention and reporting of sexual abuse and assault
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 803-b
2 to read as follows:
3 § 803-b. Health education regarding prevention of sexual abuse and
4 assault. 1. All public schools shall include, as an integral part of
5 health education, instruction concerning the recognition, avoidance,
6 refusal and reporting of incidences of sexual abuse and assault. Such
7 instruction shall reflect current practices and standards in the
8 prevention of sexual abuse and assault of children.
9 2. Age appropriate instruction concerning the recognition, avoidance,
10 refusal and reporting of incidences of sexual abuse and assault included
11 in the health education provided to students at the elementary school
12 grades may be taught by a regular classroom teacher or by a certified
13 teacher holding a certificate to teach health education. Instruction
14 concerning the recognition, avoidance, refusal and reporting of inci-
15 dences of sexual abuse and assault included in the health education
16 provided to students at the secondary school grades shall be taught by
17 teachers certified to teach health education.
18 3. Teachers shall be provided with the appropriate training and
19 curricula materials concerning the avoidance and reporting of child
20 sexual abuse and assault.
21 § 2. This act shall take effect on the first of September next
22 succeeding the date on which it shall have become a law, provided,
23 however, that effective immediately the commissioner of education is
24 authorized to adopt any rules or regulations necessary to implement the
25 provisions of this act on such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00483-01-9
