Bill Text: MI SB0512 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Education; curriculum; instruction in sex education; require to teach affirmative consent standards. Amends sec. 1507b of 1976 PA 451 (MCL 380.1507b).
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2015-09-24 - Referred To Committee On Education [SB0512 Detail]
Download: Michigan-2015-SB0512-Introduced.html
SENATE BILL No. 512
September 24, 2015, Introduced by Senators HERTEL, SCHUITMAKER, KNEZEK, YOUNG and WARREN and referred to the Committee on Education.
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, 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 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.Teach pupils that in order for consent to be
given by both
parties to sexual activity it must be affirmative consent and that
"affirmative consent" means affirmative, conscious, and voluntary
agreement to engage in sexual activity; that it is the
responsibility of each individual involved in the sexual activity
to ensure that he or she has the affirmative consent of the other
to engage in the sexual activity; that lack of protest or
resistance does not mean consent and that silence does not mean
consent; that affirmative consent must be ongoing throughout a
sexual activity and can be revoked at any time; and that the
existence of a dating relationship between the persons involved, or
the fact of past sexual relations between them, should never by
itself be assumed to be an indicator of consent.
(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.
(h) (i)
Provide instruction on healthy
dating relationships
and on how to set limits and recognize a dangerous environment.
(i) (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.
(j) (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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
