New York’s Sex Education Snapshot
Steady efforts to address barriers in sex education in New York have cumulated in the recent introduction of eight bills to improve sex education curriculum, along with a number of local actions to improve curriculum. Senate Bill 4844, sponsored by Senator Jen Metzger and Senator Velmanette Montgomery, and Assembly Bill 6512, sponsored by Assembly Member Catherine Nolan and Assembly Member Richard Gottfried, took center stage in the 2019 legislative session as part of an effort to pass a statewide comprehensive sex education mandate.
In light of the coronavirus pandemic, legislation concerning sex education was abruptly halted in early 2020 to prioritize pandemic relief efforts. Similarly, advocates pulled public education campaigns to advance sex education due to the increasing pressure of schools to provide effective virtual instruction. Because of the current limitations that come along with virtual learning, advocates are hesitant to advocate for additional sex education requirements. Sex education professionals have also reduced the amount of programming they are able to provide to youth. Due to these limitations, the sex education that young people receive has been significantly reduced.
Statewide, New York schools are only required to provide HIV/AIDS instruction. As a result, school districts are left to decide what type of additional sex education–if any at all–they provide to youth, with curriculum varying by school district. To address discrepancies within New York City (NYC) schools, the Sexuality Ed Alliance of New York City (SEANYC) formed over a decade ago to advocate for improved sex education curriculum in schools. A a result of their work, NYC schools have been required to teach sex education since 2011. While sexual health curriculum, required within the comprehensive health education course, is required to be medically accurate, age appropriate, and skills based, advocates from SEANYC and the Sex Ed Now New York Coalition note that sex education is often only taught for one semester. Therefore, additional requirements are needed to ensure youth receive sex education instruction throughout their K-12 education. In 2017, Mayor Bill de Blasio approved measures to establish the Sexual Health Education Task Force. This task force was created to review the sexual health curricula recommended by the New York Department of Education and oversee its implementation. In 2018, the Task Force recommended that the New York City Department of Education prioritize a culture of sexual wellness and inclusivity in all NYC schools, implement additional professional development opportunities for health education instructors, improve the content, substance, and methods of sexual health education, and strengthen accountability and reporting of sexual health education implementation. Students are also taking initiative to improve access to sex education. For example, high school students in the Bronx facilitate a peer-to-peer after school sex education program for 6th grade students through the Women’s Housing and Economic Development Corporation (WHEDco). Because Latino and Black students make up over 50 percent of NYC’s youth population, access to comprehensive, culturally competent sex education curriculum is essential in improving the well-being of marginalized youth across NYC.
Beyond NYC, advocates report that Buffalo Public Schools, Rochester City Schools, one suburban school district, and a minimum of 65 additional schools have policies that require comprehensive sex education. A 2012 report conducted by the New York Civil Liberties Union revealed that inaccurate, incomplete, and stigmatizing curricula continue to be widely utilized across school districts. Organizations such as the Student Support Services Center work to improve access to sex education and have supported 68 school districts in improving their sex education requirements.
Advocates have identified several factors needed to successfully advance sex education statewide. This includes the passage of progressive sex education legislation, increased community support for advanced sex education, stronger sex education coalitions, increased public knowledge of comprehensive sex education, and an increased ability to dispel common myths and concerns associated with advanced sex education.
Right now, advocates can take action to ensure young people in their community have access to quality sex education. After contacting their local school board, advocates can determine what topics are missing from instruction, such as instruction on consent, sexual orientation and gender identity, and contraceptives. They can then vocalize the important need for advancing sex education requirements in their community. Further, advocates can contact their representatives to discuss the critical need for advancing comprehensive sex education requirements to ensure they are aligned with the National Sexuality Education Standards. Advocates are encouraged to use the SIECUS Community Action Toolkit to guide local efforts to advance sex education.
State Sex Education Policies and Requirements at a Glance
- New York schools are not required to teach sex education. However, HIV/AIDS instruction is required.
- Curriculum is not required to be comprehensive.
- Curriculum must stress abstinence.
- Curriculum is not required to include instruction on sexual orientation or gender identity. However, New York’s Guidance Document for Achieving the New York State Standards in Health Education includes instruction on sexual orientation and limited instruction on gender identity.
- Curriculum is not required to include instruction on consent.
- Parents or guardians may exempt their children from HIV/AIDS instruction as long as the school is given “assurance that the pupil will receive such instruction at home.” This is referred to as an “opt-out” policy.
- New York statute has no standard regarding medically accurate sex education instruction.
State House Highlights
This section highlights sex education bills that were introduced during the 2020 state legislative session as well as bills that have been introduced thus far in 2021. These proposed bills provide a brief overview of both recent and current legislative action taken to advance or restrict sex education. For a more comprehensive look at relevant legislation concerning sex education and related topics such as reproductive health care, LGBTQ rights, and HIV/AIDS, continue reading on to the “State Legislative Activity” section of New York’s profile.
2021 Legislative Session
Assembly Bill 1209 (pending): Aims to establish a school-based teen dating violence prevention program, requiring instruction on healthy relationships and teen dating violence awareness and prevention. An identical, companion bill was introduced in the New York Senate
Assembly Bill 7161 (pending): Aims to require comprehensive sex education be taught in grades one through twelve.
Assembly Bill 3715 (pending): Aims to require health education to include instruction on breast cancer, including age and developmentally appropriate instruction on performing self-examinations. An identical, companion bill was introduced in the New York Senate.
Assembly Bill 6412 (pending): Aims to require the commissioner to create and establish a comprehensive, age-appropriate sexual consent education curriculum to be taught in schools currently teaching sex education to students in grades 6-12.
Assembly Bill 6616 (pending): Aims to require each public and charter school to provide comprehensive sex education in grades K-12.
Senate Bill 2584 (pending): Aims to require schools to provide comprehensive sex education in grades K-12.
2020 Legislative Session
Assembly Bill 1904 (failed): Sought to require the commissioner to establish a comprehensive sex education curriculum to be taught in grades 1-12. An identical, companion bill failed in the New York Senate.
Assembly Bill 5159 (failed): Sought to require the commissioner to establish a sexual harassment prevention and education program.
Senate Bill 2621 (failed): Sought to require the board of education to implement an education program to prevent, deter, and address teen dating violence in grades K-12. Includes Teen dating violence in the definition of “harassment” and “bullying.”
Assembly Bill 5260, (failed): If successful, would require sex education in public schools 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; and that addresses physical, mental, emotional and social dimensions of human sexuality.
Senate Bill 791, (failed): Sought to mandate comprehensive, medically accurate and age appropriate sex education be taught in all public schools, grades one through twelve. An identical, companion bill failed in the Assembly.
Senate Bill 1030, (failed): If successful, would establish a comprehensive sex education grant program. To qualify, curriculum must be medically accurate, not teach or promote religion, not emphasize abstinence, and include instruction on contraceptives, HPV, encouraging communication about sexuality, how to avoid unwanted sexual advances, sexual orientation and gender roles
Senate Bill 3798, (failed): If successful, would establish a comprehensive sex education grant program. To qualify, curriculum must be medically accurate, not teach or promote religion, not emphasize abstinence, and include instruction on contraceptives, HPV, encouraging communication about sexuality, how to avoid unwanted sexual advances, sexual orientation and gender roles
Senate Bill 4844, (failed): If successful, would require comprehensive sexuality instruction for students in grades K-12 which addresses age and developmentally appropriate physical, mental, emotional and social dimensions of human sexuality and reflects the national sexuality education standards. An identical, companion bill was introduced in the Assembly.
More on sex ed in New York…
State Law
In New York, Regulations of the Commissioner of Education (§ 135.3) dictate that health education is required for all students in grades K–12. This instruction must provide information about human immunodeficiency virus (HIV)/acquired immunodeficiency syndrome (AIDS). HIV/AIDS instruction must be taught by teachers who have been given appropriate training and materials by the board of education or trustees.
All HIV/AIDS education must “provide accurate information to pupils concerning the nature of the disease, methods of transmission, and methods of prevention.” This instruction must be age-appropriate and consistent with community values and “shall stress abstinence as the most appropriate and effective premarital protection against AIDS.” Each local school board must establish an advisory council to make recommendations on HIV/AIDS instruction. Local boards of education may provide for the distribution of condoms in schools. They must ensure that all students who have access to condoms have taken part in an HIV/AIDS education program.
Parents may exempt their children from HIV/AIDS classes as long as the school is given “assurance that the pupil will receive such instruction at home.” This is referred to as an “opt-out” policy.
State Standards
New York state does not require or suggest a specific curriculum, but it does provide a curriculum framework, the Learning Standards for Health, Physical Education, and Family and Consumer Sciences at Three Levels. The framework does not specifically mention sex education, though certain topics within sex education are included, such as “understanding of the changes that accompany puberty.” New York state also provides A Guidance Document for Achieving the New York State Standards in Health Education, which is intended only as a guide for developing health curricula. Topic areas mentioned include sexual risk, family life, and sexual health, as well as the prevention of HIV/AIDS, sexually transmitted diseases (STDs), and pregnancy.
State Legislative Activity
State legislative activity related to sex education does not take place in isolation from the broader embroiled political and policy climate. Attacks on the rights of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ) individuals, and efforts to limit access to abortion care and other reproductive health care services prevent students from receiving comprehensive sex education and accessing sexual and reproductive health care services. Below are highlights of current legislative activity related to these topics. New York’s 2021 session convened on January 6, 2021.
Youth Sexual Health Data
Young people are more than their health behaviors and outcomes. While data can be a powerful tool to demonstrate the sex education and sexual health care needs of young people, it is important to be mindful that these behaviors and outcomes are impacted by systemic inequities present in our society that affect an individual’s sexual health and well-being. To learn more about New York’s Youth Risk Behavior Survey (YRBS) results, click here.
New York School Health Profiles Data
In 2019, the Centers for Disease Control and Prevention (CDC) released the School Health Profiles, which measure school health policies and practices and highlight which health topics were taught in schools across the country. Since the data were collected from self-administered questionnaires completed by schools’ principals and lead health education teachers, the CDC notes that one limitation of the School Health Profiles is bias toward the reporting of more positive policies and practices. In the School Health Profiles, the CDC identifies 20 sexual health education topics as critical for ensuring a young person’s sexual health. Below are key instruction highlights for secondary schools in New York as reported for the 2017–2018 school year.
Reported teaching all 20 critical sexual health education topics
- 31.1% of New York secondary schools taught students all 20 critical sexual health education topics in a required course in any of grades 6, 7, or 8.
- 73.4% of New York secondary schools taught students all 20 critical sexual health education topics in a required course in any of grades 9, 10, 11, or 12.
Reported teaching about the benefits of being sexually abstinent
- 89.9% of New York secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 6, 7, or 8.
- 100.0% of New York secondary schools taught students about the benefits of being sexually abstinent in a required course in any of grades 9, 10, 11, or 12.
Reported teaching how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy
- 78.7% of New York secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 6, 7, or 8.
- 100.0% of New York secondary schools taught students how to access valid and reliable information, products, and services related to HIV, other STDs, and pregnancy in a required course in any of grades 9, 10, 11, or 12.
Reported teaching how to create and sustain healthy and respectful relationships
- 84.0% of New York secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 6, 7, or 8.
- 98.0% of New York secondary schools taught students how to create and sustain healthy and respectful relationships in a required course in any of grades 9, 10, 11, or 12.
Reported teaching about preventive care that is necessary to maintain reproductive and sexual health
- 77.4% of New York secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 6, 7, or 8.
- 97.3% of New York secondary schools taught students about preventive care that is necessary to maintain reproductive and sexual health in a required course in any of grades 9, 10, 11, or 12.
Reported teaching how to correctly use a condom
- 37.7% of New York secondary schools taught students how to correctly use a condom in a required course in any of grades 6, 7, or 8.
- 89.0% of New York secondary schools taught students how to correctly use a condom in a required course in any of grades 9, 10, 11, or 12.
Reported teaching about methods of contraception other than condoms
- 52.3% of New York secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 6, 7, or 8.
- 96.6% of New York secondary schools taught students about methods of contraception other than condoms in a required course in any of grades 9, 10, 11, or 12.
Reported teaching about sexual orientation
- 64.6% of New York secondary schools taught students about sexual orientation in a required course in any of grades 6, 7, or 8.
- 90.1% of New York secondary schools taught students about sexual orientation in a required course in any of grades 9, 10, 11, or 12.
Reported teaching about gender roles, gender identity, or gender expression
- 65.3% of New York secondary schools taught students about gender roles, gender identity, or gender expression in a required course in any of grades 6, 7, or 8.
- 87.9% of New York secondary schools taught students about gender roles, gender identity, or gender expression in a required course in any of grades 9, 10, 11, or 12.
Reported providing curricula or supplementary materials relevant to lesbian, gay, bisexual, transgender, or questioning (LGBTQ) youth
- 76.3% of New York secondary schools provided students with curricula or supplementary materials that included HIV, STD, or pregnancy prevention information relevant to LGBTQ youth.
(Visit the CDC’s School Health Profiles report for additional information on school health policies and practices.)
***The quality of sex education taught often reflects funding available for sex education programs. To learn more about federal funding streams, click here.
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