Bill Text: MI HB5196 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; curriculum; age appropriate, medically accurate, and objective sexuality education; provide for. Amends secs. 1169, 1507 & 1507b of 1976 PA 451 (MCL 380.1169 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-11-01 - Bill Electronically Reproduced 10/31/2017 [HB5196 Detail]

Download: Michigan-2017-HB5196-Introduced.html

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HOUSE BILL No. 5196

 

 

October 31, 2017, Introduced by Reps. Zemke, Gay-Dagnogo, Moss, Wittenberg, Hammoud, Lasinski, Rabhi, Brinks, Sabo, Scott, Elder, Durhal, Hertel, Dianda, Geiss, Love, Chang, Pagan, Hoadley, Garrett, Yanez, Green, Camilleri, Guerra, Sowerby and Clemente and referred to the Committee on Education Reform.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507,

 

and 380.1507b), sections 1169 and 1507 as amended and section 1507b

 

as added by 2004 PA 165.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1169. (1) The principal modes by which dangerous

 

communicable diseases, including, but not limited to, human

 

immunodeficiency virus infection and acquired immunodeficiency

 

syndrome, are spread and the best methods for the restriction and

 

prevention of these diseases shall be taught in every public school

 

in this state. Subject to subsection (3) and section 1507b, the

 

teaching under this section shall stress that abstinence from sex

 

is a responsible and effective method for restriction and

 

prevention of these diseases and is a positive lifestyle for

unmarried young people. Factual information included in the

 

teaching under this section shall be medically accurate and

 

objective.

 

     (2) Except for licensed health care professionals who have

 

received training on human immunodeficiency virus infection and

 

acquired immunodeficiency syndrome, each person individual who

 

teaches K to 12 pupils about human immunodeficiency virus infection

 

and acquired immunodeficiency syndrome pursuant to subsection (1)

 

shall have training in human immunodeficiency virus infection and

 

acquired immunodeficiency syndrome education for young people. The

 

superintendent of public instruction, in cooperation with the

 

department of public community health, shall train trainers to

 

provide the teacher training required by this subsection and shall

 

provide for the development and distribution to school districts of

 

medically accurate material on the teaching of human

 

immunodeficiency virus infection and acquired immunodeficiency

 

syndrome to young people.

 

     (3) The choice of curricula to be used for human

 

immunodeficiency virus infection and acquired immunodeficiency

 

syndrome education required to be taught under subsection (1) shall

 

be approved by the appropriate school board and implemented in the

 

school setting. not later than October 1, 1990. Before adopting any

 

revisions to the curriculum implemented under this section,

 

including, but not limited to, revisions to provide for the

 

teaching of abstinence from sex as a responsible method for

 

restriction and prevention of disease, a school board shall hold at

 

least 2 public hearings on the proposed revisions. The hearings

shall be held at least 1 week apart and public notice of the

 

hearings shall be given in the manner required under section 1201

 

for board meetings. A public hearing held pursuant to this section

 

may be held in conjunction with a public hearing held pursuant to

 

section 1507.

 

     (4) As used in this section:

 

     (a) "Factual information" includes, but is not limited to,

 

medical, psychiatric, psychological, empirical, and statistical

 

statements.

 

     (b) "Medically accurate" means verified or supported by

 

research conducted in compliance with scientific methods and

 

published in peer-reviewed journals, where appropriate, and

 

recognized as accurate and objective by professional organizations

 

and agencies with expertise in the relevant field, such as the

 

federal centers for disease control and prevention.

 

     Sec. 1507. (1) The board of a school district may engage

 

qualified instructors and provide facilities and equipment for

 

instruction in sex education, including family planning, human

 

sexuality, and the emotional, physical, psychological, hygienic,

 

economic, and social aspects of family life. If the board of a

 

school district provides instruction in sex education under this

 

section, the instruction shall include comprehensive sexuality

 

education that is medically accurate and age-appropriate.

 

Instruction may also include the subjects of reproductive health

 

and the recognition, prevention, and treatment of sexually

 

transmitted disease infection. Subject to subsection (7) (6) and

 

section 1507b, the instruction described in this subsection shall

stress that abstinence from sex is a responsible and effective

 

method of preventing unplanned or out-of-wedlock pregnancy and

 

sexually transmitted disease infection and is a positive lifestyle

 

for unmarried young people. Factual information included in the

 

instruction under this section shall be medically accurate and

 

objective.

 

     (2) The class described in subsection (1) shall be elective

 

and not a requirement for graduation.

 

     (2) (3) A pupil shall not be enrolled in a class in which the

 

subjects of family planning or reproductive health are discussed

 

unless the pupil's parent or guardian is notified in advance of the

 

course and the content of the course, is given a prior opportunity

 

to review the materials to be used in the course, and is notified

 

in advance of his or her right to have the pupil excused from the

 

class. The state board shall determine the form and content of the

 

notice required in this subsection.

 

     (3) (4) Upon the written request of a pupil or the pupil's

 

parent or legal guardian, a pupil shall be excused, without penalty

 

or loss of academic credit, from attending a class described in

 

subsection (1).

 

     (4) (5) A school district that provides a class as permitted

 

by subsection (1) shall offer shall provide the instruction under

 

this section by teachers qualified to teach health sexuality

 

education. A school district that provides the instruction under

 

this section shall not offer this instruction unless establish a

 

sex education advisory board. is established by the board of the

 

school district. The board of a school district shall determine

terms of service for the sex education advisory board, the number

 

of members to serve on the advisory board, and a membership

 

selection process that reasonably reflects the school district

 

population, and shall appoint 2 co-chairs for the advisory board,

 

at least 1 of whom is a parent of a child attending a school

 

operated by the school district. At least 1/2 of the members of the

 

sex education advisory board shall be parents who have a child

 

attending a school operated by the school district, and a majority

 

of these parent members shall be individuals who are not employed

 

by a school district. The board of a school district shall include

 

pupils of the school district, educators, local clergy, and

 

community health professionals on the sex education advisory board.

 

Written or electronic notice of a sex education advisory board

 

meeting shall be sent to each member at least 2 weeks before the

 

date of the meeting. The advisory board shall do all of the

 

following:

 

     (a) Establish program goals and objectives for pupil knowledge

 

and skills that are likely to reduce the rates of sex, pregnancy,

 

and sexually transmitted diseases. This subdivision does not

 

prohibit a school district from establishing additional program

 

goals and objectives that are not contrary to this section, section

 

1169, or section 1507b.

 

     (b) Review the materials and methods of instruction used and

 

make recommendations to the board of the school district for

 

implementation. The advisory board shall take into consideration

 

the school district's needs, demographics, and trends, including,

 

but not limited to, teenage pregnancy rates, sexually transmitted

disease rates, and incidents of student sexual violence and

 

harassment.

 

     (c) At least once every 2 years, evaluate, measure, and report

 

the attainment of program goals and objectives established under

 

subdivision (a). The board of a school district shall make the

 

resulting report available to parents in the school district.

 

     (5) (6) Before adopting any revisions in the materials or

 

methods used in instruction under this section, including, but not

 

limited to, revisions to provide for the teaching of abstinence

 

from sex as a method of preventing unplanned or out-of-wedlock

 

pregnancy and sexually transmitted disease, the board of a school

 

district shall hold at least 2 public hearings on the proposed

 

revisions. The hearings shall be held at least 1 week apart and

 

public notice of the hearings shall be given in the manner required

 

under section 1201 for board meetings. A public hearing held

 

pursuant to this section may be held in conjunction with a public

 

hearing held pursuant to section 1169.

 

     (6) (7) A person shall not dispense or otherwise distribute in

 

a public school or on public school property a family planning drug

 

or device.

 

     (7) (8) As used in this section, "family planning" means the

 

use of a range of methods of fertility regulation to help

 

individuals or couples avoid unplanned pregnancies; bring about

 

wanted births; regulate the intervals between pregnancies; and plan

 

the time at which births occur in relation to the age of parents.

 

It may include the study of fetology. It may include marital and

 

genetic information. Clinical abortion shall not be considered a

method of family planning, nor shall abortion be taught as a method

 

of reproductive health.

 

     (8) (9) As used in this section and sections 1506 and 1507a:

 

     (a) "Board of a school district" means the board of a school

 

district or board of directors of a public school academy.

 

     (b) (a) "Class" means an instructional period of limited

 

duration within a course of instruction and includes an assembly or

 

small group presentation.

 

     (c) (b) "Course" means a series of classes linked by a common

 

subject matter.

 

     (d) "Factual information" includes, but is not limited to,

 

medical, psychiatric, psychological, empirical, and statistical

 

statements.

 

     (e) "Medically accurate" means verified or supported by

 

research conducted in compliance with scientific methods and

 

published in peer-reviewed journals, where appropriate, and

 

recognized as accurate and objective by professional organizations

 

and agencies with expertise in the relevant field, such as the

 

federal Centers for Disease Control and Prevention.

 

     (f) "School district" means a school district or a public

 

school academy.

 

     Sec. 1507b. (1) Instruction under section 1507 in sex

 

sexuality education and instruction under section 1169 on human

 

immunodeficiency virus infection and acquired immunodeficiency

 

syndrome shall emphasize be age-appropriate, medically accurate,

 

and objective, and shall emphasize that abstinence from sex is a

 

positive lifestyle for unmarried young people because abstinence is

the only protection that is 100% effective against unplanned

 

pregnancy, sexually transmitted disease infection, and sexually

 

transmitted human immunodeficiency virus infection and acquired

 

immunodeficiency syndrome.

 

     (2) Material, factual information, and instruction in the sex

 

sexuality education curriculum under section 1507 that discusses

 

sex shall be age-appropriate, shall not be medically inaccurate

 

accurate, and objective, and shall do at least all of the

 

following:

 

     (a) Discuss the benefits of abstaining from sex until marriage

 

and the benefits of ceasing sex protecting oneself if a pupil is

 

sexually active, and provide the tools to make informed and

 

responsible decisions.

 

     (b) Include a discussion of the possible emotional, economic,

 

and legal consequences of sex.

 

     (c) Stress that unplanned pregnancy and sexually transmitted

 

diseases are serious possibilities of sex that are not fully

 

preventable except by abstinence.

 

     (d) Advise pupils of the laws pertaining to their

 

responsibility as parents to children born in and out of wedlock.

 

     (e) Ensure that pupils are not taught in a way that condones

 

the violation of the laws of this state pertaining to sexual

 

activity, including, but not limited to, sections 158, 335a, 338,

 

338a, 338b, and 520b to 520e of the Michigan penal code, 1931 PA

 

328, MCL 750.158, 750.335a, 750.338, 750.338a, 750.338b, and

 

750.520b to 750.520e.

 

     (f) Teach pupils how to say "no" to sexual advances and that

it is wrong to take advantage of, harass, or exploit another person

 

individual sexually.

 

     (g) Teach refusal skills and encourage pupils to resist

 

pressure to engage in risky behavior.

 

     (h) Teach that the pupil has the power to control personal

 

behavior. Pupils shall be taught to base their actions on

 

reasoning, self-discipline, a sense of responsibility, self-

 

control, and ethical considerations such as respect for self and

 

others.

 

     (i) Provide instruction on healthy dating relationships and on

 

how to set limits and recognize a dangerous environment.

 

     (j) Provide information for pupils about how young parents can

 

learn more about adoption services and about the provisions of the

 

safe delivery of newborns law, chapter XII of the probate code of

 

1939, 1939 PA 288, MCL 712.1 to 712.20.

 

     (k) Include information clearly informing pupils that having

 

sex or sexual contact with an individual under the age of 16 is a

 

crime punishable by imprisonment and that 1 of the other results of

 

being convicted of this crime is to be listed on the sex offender

 

registry on the internet for up to 25 years.

 

     (3) This section does not prohibit a public school from

 

offering sex education with behavioral risk reduction strategies,

 

as defined by law, that are not 100% effective against unplanned

 

pregnancy, sexually transmitted disease, and sexually transmitted

 

human immunodeficiency virus infection and acquired

 

immunodeficiency syndrome.

 

     (4) As used in this section:

     (a) "Factual information" includes, but is not limited to,

 

medical, psychiatric, psychological, empirical, and statistical

 

statements.

 

     (b) "Medically accurate" means verified or supported by

 

research conducted in compliance with scientific methods and

 

published in peer-reviewed journals, where appropriate, and

 

recognized as accurate and objective by professional organizations

 

and agencies with expertise in the relevant field, such as the

 

federal centers for disease control and prevention.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.