Bill Text: MI HB5785 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; curriculum; instruction in sex education; modify to include instruction on sexual assault, dating violence, and domestic violence. Amends sec. 1507b of 1976 PA 451 (MCL 380.1507b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-17 - Bill Electronically Reproduced 04/12/2018 [HB5785 Detail]

Download: Michigan-2017-HB5785-Introduced.html

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HOUSE BILL No. 5785

 

 

April 12, 2018, Introduced by Reps. LaSata, Calley, Griffin, Marino, Hughes, Kesto, Pagan, Hoadley, Iden, Rabhi and Hauck and referred to the Committee on Law and Justice.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1507b (MCL 380.1507b), as added by 2004 PA 165.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

education and instruction under section 1169 on human

 

immunodeficiency virus infection and acquired immunodeficiency

 

syndrome 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 and instruction in the sex education curriculum

 

under section 1507 that discusses sex shall be age-appropriate,

shall not be medically inaccurate, 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 if a pupil is sexually active.

 

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

 

and legal consequences of sex.

 

     (c) Stress that unplanned pregnancy and sexually transmitted

 

diseases infections 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

 

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.

 

     (l) For pupils in grades 11 and 12, provide instruction on

 

teen dating violence and sexual assault, including, but not limited

 

to, instruction on all of the following:

 

     (i) The characteristics of a healthy relationship.

 

     (ii) Identifying teen dating violence, verbal abuse, nonverbal

 

abuse, physical intimidation, stalking, physical abuse,

 

inappropriate sexual behavior, sexual harassment, sexual violence,

 

sexual assault, and internet abuse and cyber bullying.

 

     (iii) Relationships that are voluntary, healthy, and safe.

 

     (iv) Locating sources for legal, medical, mental health, and

 

other supportive services regarding teen dating violence and sexual

 

assault.

 

     (v) Communication skills that help pupils discuss and resolve

 

conflicts within intimate relationships with respect and

 

nonviolence.

 

     (vi) Critical thinking skills.

     (vii) Skills to negotiate with a dating partner.

 

     (viii) Skills for pupils to recognize and understand their own

 

individual boundaries, and recognize and respect the boundaries of

 

others.

 

     (m) For pupils in grades 11 and 12, provide instruction on

 

domestic violence, including, but not limited to, instruction on

 

all of the following:

 

     (i) Domestic violence awareness.

 

     (ii) Healthy behaviors in relationships.

 

     (iii) Identifying the signs that an individual may be a victim

 

of domestic violence.

 

     (iv) Identifying the behaviors associated with an abuser or

 

perpetrator of domestic violence.

 

     (v) The primary prevention of violence perpetration.

 

     (vi) Identifying risk factors for perpetration of domestic

 

violence, including, but not limited to:

 

     (A) A history of violence or aggression.

 

     (B) Witnessing or being a victim of violence as a child.

 

     (C) Substance abuse.

 

     (D) Unemployment or other life events that cause stress.

 

     (vii) The types of behavior that may occur in conjunction with

 

domestic violence, including, but not limited to:

 

     (A) Physical violence.

 

     (B) Sexual violence.

 

     (C) Threats.

 

     (D) Emotional abuse.

 

     (E) Verbal abuse.

     (F) Financial abuse.

 

     (viii) The physical injury, mental health consequences,

 

suicide attempts, substance abuse, sexually transmitted diseases,

 

and other health consequences that a victim of domestic violence

 

may experience.

 

     (ix) How victims of domestic violence may seek assistance or

 

how friends or family members of victims may provide assistance to

 

them.

 

     (3) A school district may work with governmental, nonprofit,

 

and private entities to develop a curriculum for the instruction

 

described in subsections (2)(l) and (m).

 

     (4) (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, infection, and sexually

 

transmitted human immunodeficiency virus infection and acquired

 

immunodeficiency syndrome.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.