New York State’s Sex Education Bills Empower Students and Should Inspire Other States to Follow Suit

With the fight in New York working in favor of sexual health legislation, other states must now mobilize in favor of comprehensive sex education starting in kindergarten and building to twelfth grade. Photo by the NEC Corporation of America. 

 New York State lawmakers have presented several bills requiring comprehensive sexuality instruction for students from kindergarten through twelfth grade. This is in the face of a national push across state legislatures to pass sex-negative and gender-exclusive curriculum legislation. As a result, it is time for states to take seriously the National Sex Education Standards and enforce comprehensive and inclusive sex education in their own schools. Failure to implement standardized and necessary education would undermine an important movement working to destigmatize sexuality and would be a great disservice to children and students who may never otherwise develop healthy habits for themselves and their relationships. 

The National Sex Education Standards, developed by the Future of Sex Education (FoSE) Initiative, clearly outlines the minimum essentials of comprehensive sexuality education at each stage of schooling. For example, states with students in grades K-12 should be capable of identifying different family structures, expressing feelings in a healthy manner, understanding the right to say “no,” and be able to use the proper names for body parts, including reproductive anatomy. By grades 9-12, sex education in school should cover how to correctly use a condom, explain the distinctions between biological sex, gender identity, and sexual orientation, develop a plan for preventing STDs, define emergency contraception, and discuss laws surrounding adoption, abortion, domestic violence, sexual healthcare, and sexual assault. This is the bare minimum schools should be offering to students to ensure that they are educated about themselves and those around them. However, with states like Florida, Georgia, and Arkansas refusing to give their students the opportunity to receive a factual, honest, and even life-saving sex education, even the bare minimum continues to be overlooked.

Fortunately in New York, Senate and Assembly bills are both active in their respective Education Committees and have growing support for their cause. Sponsored by Senator Samra G. Brouk from Rochester, the Senate bill now has twenty-five co-sponsors, including legislators from across the state, from metropolitan districts in and near New York City to more rural areas further upstate and surrounding the Great Lakes. The corresponding Assembly bill, sponsored by Assembly member Jessica González-Rojas, also has widespread support with over fifty co-sponsors. The bills propose to amend New York’s education law, adding section 804-e, which states that “each public and charter school shall ensure all pupils receive, as an integral part of education in grades kindergarten through twelve, comprehensive sexuality education.” The bill outlines the details of this education on topics including partner violence, sexual assault, reproductive health care, and education serving lesbian, gay, bisexual, transgender, and questioning youth be included within the curriculum. Individual districts can modify their program as long as it remains in accordance with the criteria established by the Commissioner of Education, who is in charge of developing and implementing the state-wide program. The bill has support from advocacy organizations including the New York Civil Liberties Union, the New Pride Agenda, as well as groups combatting domestic violence and healthcare organizations.

Opponents of comprehensive sex education curriculum legislation have become more visible recently following the lead of conservative politicians like Florida Governor Ron DeSantis who continue to try to restrict schools from speaking about topics like gender identity, sexual orientation, and reproductive rights. A frequent justification for their condemnation of comprehensive sex education is the alleged removal of parental autonomy over what information their child consumes. Even within proclaimed liberal states like New York, such inflammatory rhetoric and political collision around sex education exist, and are posing obstacles to the followthrough of important legislation. In fact, the public comments section of the New York State Senate bill has many comments from more conservative constituents in the same vein, like, “Leave our children alone. This is the parent's responsibility, not the system,” and, “this bill is disgusting and is clearly written by sexual deviants and pedophiles, sexualizing children as young as 5 is vile and immoral.” Involved in the policy formation is the Sexuality Information and Education Council (SIECUS), a national nonprofit organization committed to sex education policy, advocacy, and coalition building that has been working with lawmakers to craft a well-rounded curriculum. Opponents in the New York States Senate argue that its involvement is an attempt to remove the curriculum from individuals and even the government entirely. New York Republican Assemblyman and Education Committee member Michael Reilly told Fox News that the bill proposes that, “We would be outsourcing our curriculum to this outside organization,” and that, “that’s a concern.” However,  SIECUS’ values are centered in the idea that sexual and reproductive health and knowledge is a human right, and should be treated as such. They ultimately “envision an equitable nation where all people receive sex education, are affirmed in their identities, and have power to make decisions about their own health, pleasure, and wholeness.” Their work not only helps inform legislation like the bills in New York State, but urges other states and governments to do the same for their children and students. 

Polarization has hindered nationwide legislative pushes for comprehensive sex education. In 2019, United States Senator Cory Booker, a Democrat from New Jersey, introduced the Real Education for Healthy Youth Act to the U.S. Senate, which would promote the “lifelong sexual health and healthy relationships” of students through school education. Because of insurmountable divisions within the federal government, the bill never even made it past the first legislative stage. On the state level, several bills have been introduced, but have failed to move forward efficiently. New Jersey State Senator Vin Gopal, a Democrat, introduced the Transparency in Comprehensive Health and Physical Education Curriculum Act in 2022, but received enormous backlash from parents and challenges from Republican senators. Gopal had to backpedal and amend aspects of the bill in order to increase transparency and appease the other side of the aisle. In stark contrast to Democratic stagnation, Republicans in state legislatures across the country are actively pushing for bills that would destroy what little curriculum standardization remains for sex education in schools. In Florida, Republican Representative Stan McClain introduced a bill that would scrap sex education in public schools and even prevent young girls from talking about their periods with school officials. McClain’s bill was heavily criticized by more left-leaning legislators and citizens, who claimed that his bill would further enable book banning, a serious issue rampant in Florida. Increasing partisan polarization within states and between states is making it hard for governments to provide productive sex education standards for students across the US.

Despite the political turmoil and controversy that surround sex education, it is clear in New York, especially, that the widespread support of sex education bills outweighs the challengers. The New York Senate bill cited a study of a national poll of parents, of whom 93.5% feel it is important that sex education is taught in middle school, and 96% feel it is important that sex education is taught in high school. It is clear that the majority of parents do not feel it is their responsibility to strip valuable sex education from their child. In fact, nine in ten parents understand that their child deserves to learn about their feelings, relationships, identities, sexual health, and living environments. New York State’s sex education bill is crucial to combatting censorship and ignorance on a national level, but it is only one step. Indeed, they have gotten closer than most other states in implementing this sort of legislation. New York is creating multiple pathways to achieve sex education standards through compounding bills and widespread support from across the state. ​​Following New York's lead, state governments across the country must now mobilize in favor of comprehensive sex education starting in kindergarten and building through twelfth grade. All students in America, and future generations, deserve to feel comfortable in their bodies and experiences.

Kira Ratan is a Staff Writer and first-year in Columbia College intending to study History and Women’s & Gender Studies. Her favorite food on campus is the sushi from Cafe East.