SB-0943, As Passed House, May 20, 2004

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 943

                                                                             A bill to amend 1976 PA 451, entitled                                             

"The revised school code,"                                                  

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

as amended by 1993 PA 335, and by adding section 1507b.                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

2   communicable diseases, including, but not limited to, human                 

3   immunodeficiency virus infection and acquired immunodeficiency              

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

5   prevention of these diseases shall be taught in every public                

6   school in this state.  Subject to subsection (3) and section                

7   1507b, the teaching under this section shall  include the                   

8   teaching of stress that abstinence from sex  as is a                      

9   responsible and effective method for restriction and prevention             

10  of these diseases and  as is a positive lifestyle for unmarried            

1   young people.                                                               

2       (2) Except for licensed health care professionals who have                  

3   received training on human immunodeficiency virus infection and             

4   acquired immunodeficiency syndrome, each person who teaches K to            

5   12 pupils about human immunodeficiency virus infection and                  

6   acquired immunodeficiency syndrome pursuant to subsection (1)               

7   shall have training in human immunodeficiency virus infection and           

8   acquired immunodeficiency syndrome education for young people.              

9   The  state board superintendent of public instruction, in                  

10  cooperation with the department of public health, shall train               

11  trainers to provide the teacher training required by this                   

12  subsection and shall provide for the development and distribution           

13  to school districts of medically accurate material on the                   

14  teaching of human immunodeficiency virus infection and acquired             

15  immunodeficiency syndrome to young people.                                  

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

17  immunodeficiency virus infection and acquired immunodeficiency              

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

19  shall be approved by the appropriate school board and implemented           

20  in the school setting not later than October 1, 1990.  Before               

21  adopting any revisions to the curriculum implemented under this             

22  section, including, but not limited to, revisions to provide for            

23  the teaching of abstinence from sex as a responsible method for             

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

25  at least 2 public hearings on the proposed revisions.  The                  

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

27  the hearings shall be given in the manner required under section            

Senate Bill No. 943 (H-2) as amended May 20, 2004                           

1   1201 for board meetings.  A public hearing held pursuant to this            

2   section may be held in conjunction with a public hearing held               

3   pursuant to section 1507.                                                   

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

5   qualified instructors and provide facilities and equipment for              

6   instruction in sex education, including family planning, human              

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

8   economic, and social aspects of family life.  Instruction may               

9   also include the subjects of reproductive health and the                    

10  recognition, prevention, and treatment of sexually transmitted              

11  disease.  Subject to subsection (6) and section 1507b, the                  

12  instruction described in this subsection shall  include the                 

13  teaching of stress that abstinence from sex  as is a                      

14  responsible and effective method of preventing  unwanted

15  unplanned or out-of-wedlock pregnancy and sexually transmitted              

16  disease and  as is a positive lifestyle for unmarried young                

17  people.                                                                     

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

19  and not a requirement for graduation.                                       

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

21  subjects of family planning or reproductive health are discussed            

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

23  the  course class and the content of the  course class, is                

24  given a prior opportunity to review the materials to be used in             

25  the  course class, and is notified in advance of his or her                

26  right to have the pupil excused from the class.  [If a class is part of a course, then the requirements of this subsection may be met for the entire course by notifying the pupil's parent or guardian in advance of the course and the content of the course, giving the pupil's parent or guardian a prior opportunity to review the materials to be used in the course, and notifying the pupil's parent or guardian of his or her right to have the pupil excused from the course.]  The state board                                                                           

27  shall determine the form and content of the notice required in              

1   this subsection.                                                            

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

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

4   loss of academic credit, from attending  the a class described             

5   in subsection (1).                                                          

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

7   subsection (1) shall offer the instruction by teachers qualified            

8   to teach health education.  A school district shall not offer               

9   this instruction unless  an a sex education advisory board is              

10  established by the  district board to periodically review the               

11  materials and methods of instruction used, and to make                      

12  recommendations to the district regarding changes in the                    

13  materials or methods.  The advisory board shall consist of                  

14  parents having children attending the district's schools, pupils            

15  in the district's schools, educators, local clergy, and community           

16  health professionals. board of the school district. The board of           

17  a school district shall determine terms of service for the sex              

18  education advisory board, the number of members to serve on the             

19  advisory board, and a membership selection process that                     

20  reasonably reflects the school district population, and shall               

21  appoint 2 co-chairs for the advisory board, at least 1 of whom is           

22  a parent of a child attending a school operated by the school               

23  district.  At least 1/2 of the members of the sex education                 

24  advisory board shall be parents who have a child attending a                

25  school operated by the school district, and a majority of these             

26  parent members shall be individuals who are not employed by the             

27  school district.  The board of a school district is encouraged to           

1   also include pupils of the school district, educators, local                

2   clergy, and community health professionals on the sex education             

3   advisory board.  Written or electronic notice of a sex education            

4   advisory board meeting shall be sent to each member at least 2              

5   weeks before the date of the meeting.  The advisory board shall             

6   do all of the following:                                                    

7       (a) Establish program goals and objectives for pupil                        

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

9   pregnancy, and sexually transmitted diseases.  This subdivision             

10  does not prohibit a school district from establishing additional            

11  program goals and objectives that are not contrary to this                  

12  section, section 1169, or section 1507b.                                    

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

14  make recommendations to the board of the school district for                

15  implementation.  The advisory board shall take into consideration           

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

17  but not limited to, teenage pregnancy rates, sexually transmitted           

18  disease rates, and incidents of student sexual violence and                 

19  harassment.                                                                 

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

21  report the attainment of program goals and objectives established           

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

23  the resulting report available to parents in the school district.

24      (6) Before adopting any revisions in the materials or methods               

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

26  limited to, revisions to provide for the teaching of abstinence             

27  from sex as a method of preventing  unwanted unplanned or                  

1   out-of-wedlock pregnancy and sexually transmitted disease, the              

2   board of a school district shall hold at least 2 public hearings            

3   on the proposed revisions.  The hearings shall be held at least 1           

4   week apart and public notice of the hearings shall be given in              

5   the manner required under section 1201 for board meetings.  A               

6   public hearing held pursuant to this section may be held in                 

7   conjunction with a public hearing held pursuant to section 1169.            

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

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

10  or device.                                                                  

11      (8) As used in this section,  and section 1508,  "family                    

12  planning" means the use of a range of methods of fertility                  

13  regulation to help individuals or couples avoid  unwanted

14  unplanned pregnancies; bring about wanted births; regulate the              

15  intervals between pregnancies; and plan the time at which births            

16  occur in relation to the age of parents.  It may include the                

17  study of fetology.  It may include marital and genetic                      

18  information.  Clinical abortion shall not be considered a method            

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

20  reproductive health.                                                        

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

22      (a) "Class" means an instructional period of limited duration               

23  , not to exceed 2 hours, within a course of instruction and               

24  includes an assembly, small group instruction, or any other                 

25  presentation made to 2 or more pupils.                                      

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

27  subject matter.                                                             

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

2   education and instruction under section 1169 on human                       

3   immunodeficiency virus infection and acquired immunodeficiency              

4   syndrome shall emphasize that abstinence from sex is a positive             

5   lifestyle for unmarried young people because abstinence is the              

6   only protection that is 100% effective against unplanned                    

7   pregnancy, sexually transmitted disease, and sexually transmitted           

8   human immunodeficiency virus infection and acquired                         

9   immunodeficiency syndrome.                                                  

10      (2) Material and instruction in the sex education curriculum                

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

12  shall not be medically inaccurate, and shall do at least all of             

13  the following if age-appropriate:                                           

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

15  marriage and the benefits of ceasing sex if a pupil is sexually             

16  active.                                                                     

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

18  and legal consequences of sex.                                              

19      (c) Stress that unplanned pregnancy and sexually transmitted                

20  diseases are serious possibilities of sex that are not fully                

21  preventable except by abstinence.                                           

22      (d) Advise pupils of the laws pertaining to their                           

23  responsibility as parents to children born in and out of                    

24  wedlock.                                                                    

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

26  the violation of the laws of this state pertaining to sexual                

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

1   338a, 338b, and 520b to 520e of the Michigan penal code, 1931 PA            

2   328, MCL 750.158, 750.335a, 750.338, 750.338a, 750.338b, and                

3   750.520b to 750.520e.                                                       

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

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

6   person sexually.                                                            

7       (g) Teach refusal skills and encourage pupils to resist                     

8   pressure to engage in risky behavior.                                       

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

10  behavior.  Pupils shall be taught to base their actions on                  

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

12  self-control, and ethical considerations such as respect for self           

13  and others.                                                                 

14      (i) Provide instruction on healthy dating relationships and                 

15  on how to set limits and recognize a dangerous environment.                 

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

17  can learn more about adoption services and about the provisions             

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

19  code of 1939, 1939 PA 288, MCL 712.1 to 712.20.                             

20      (k) Include information clearly informing pupils that having                

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

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

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

24  offender registry on the internet for at least 25 years.                    

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

26  offering sex education with behavioral risk reduction strategies,           

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

1   pregnancy, sexually transmitted disease, and sexually transmitted           

2   human immunodeficiency virus infection and acquired                         

3   immunodeficiency syndrome.