Bill Text: MI HB5735 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; curriculum; individuals qualified to provide instruction in sex education; revise. Amends sec. 1507 of 1976 PA 451 (MCL 380.1507). TIE BAR WITH: HB 5734'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-21 - Bill Electronically Reproduced 03/20/2018 [HB5735 Detail]
Download: Michigan-2017-HB5735-Introduced.html
HOUSE BILL No. 5735
March 20, 2018, Introduced by Reps. Cochran, Elder, Wittenberg, Scott, Lasinski, Sabo, Dianda, Robinson, Peterson, Gay-Dagnogo, Yanez, LaGrand, Chang, Hoadley and Love and referred to the Committee on Education Reform.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1507 (MCL 380.1507), as amended by 2004 PA 165.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. Instruction may also
include the subjects of reproductive health and the recognition,
prevention,
and treatment of sexually transmitted disease.
infection. Subject to subsection (7) 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.
(2) The class described in subsection (1) shall be elective
and not a requirement for graduation.
(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.
(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).
(5)
A Subject to section
1507c, a school district that
provides a class as permitted by subsection (1) shall offer the
instruction by teachers qualified to teach health education. A
school district shall not offer this instruction unless 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. infections.
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
infection 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.
(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, infection,
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.
(7) A person shall not dispense or otherwise distribute in a
public school or on public school property a family planning drug
or device.
(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.
(9) As used in this section and sections 1506 and 1507a:
(a) "Class" means an instructional period of limited duration
within a course of instruction and includes an assembly or small
group presentation.
(b) "Course" means a series of classes linked by a common
subject matter.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5734 (request no.
03232'17) of the 99th Legislature is enacted into law.