SB-0943, As Passed Senate, April 27, 2004
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
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 and the content of the course, is given a prior
24 opportunity to review the materials to be used in the course, and
25 is notified in advance of his or her right to have the pupil
26 excused from the class. The state board shall determine the form
27 and content of the notice required in this subsection.
1 (4) Upon the written request of a pupil or the pupil's parent
2 or legal guardian, a pupil shall be excused, without penalty or
3 loss of academic credit, from attending the class described in
4 subsection (1).
5 (5) A school district that provides a class as permitted by
6 subsection (1) shall offer the instruction by teachers qualified
7 to teach health education. A school district shall not offer
8 this instruction unless an
a health education advisory board is
9 established by the district
board to periodically review the
10 materials and methods
of instruction used, and to make
11 recommendations to the
district regarding changes in the
12 materials or methods board of the school district. The board of
13 a school district shall determine terms of service for the health
14 education advisory board, the number of members to serve on the
15 advisory board, and a membership selection process that
16 reasonably reflects the school district population, and shall
17 appoint a parent to cochair the advisory board. At least 1/2 of
18 the members of the health education advisory board shall be
19 parents who have a child attending a school operated by the
20 school district. The remainder of the advisory board shall
21 consist of parents
having children attending the district's
22 schools, pupils enrolled in the school
district's schools,
23 educators, local clergy, and
community health professionals,
24 and any other individuals the board of the school district
25 considers appropriate. Written notice of a health education
26 advisory board meeting shall be sent to each member at least 2
27 weeks before the date of the meeting. The advisory board shall
1 do all of the following:
2 (a) Establish program goals and objectives for pupil
3 knowledge and skills that are likely to reduce the rates of sex,
4 pregnancy, and sexually transmitted diseases. This subdivision
5 does not prohibit a school district from establishing additional
6 program goals and objectives that are not contrary to this
7 section, section 1169, or section 1507b.
8 (b) Review the materials and methods of instruction used and
9 make recommendations to the board of the school district for
10 implementation. The advisory board shall take into consideration
11 the school district's needs, demographics, and trends, including,
12 but not limited to, teenage pregnancy rates, sexually transmitted
13 disease rates, and incidents of student sexual violence and
14 harassment.
15 (c) At least once every 2 years, develop procedures for
16 evaluating, measuring, and reporting the attainment of program
17 goals and objectives established under subdivision (a). The
18 board of a school district shall make the resulting report
19 available to parents in the school district.
20 (6) Before adopting any revisions in the materials or methods
21 used in instruction under this section, including, but not
22 limited to, revisions to provide for the teaching of abstinence
23 from sex as a method of
preventing unwanted unplanned or
24 out-of-wedlock pregnancy and sexually transmitted disease, the
25 board of a school district shall hold at least 2 public hearings
26 on the proposed revisions. The hearings shall be held at least 1
27 week apart and public notice of the hearings shall be given in
1 the manner required under section 1201 for board meetings. A
2 public hearing held pursuant to this section may be held in
3 conjunction with a public hearing held pursuant to section 1169.
4 (7) A person shall not dispense or otherwise distribute in a
5 public school or on public school property a family planning drug
6 or device.
7 (8) As used in this
section, and section 1508, "family
8 planning" means the use of a range of methods of fertility
9 regulation to help
individuals or couples avoid unwanted
10 unplanned pregnancies; bring about wanted births; regulate the
11 intervals between pregnancies; and plan the time at which births
12 occur in relation to the age of parents. It may include the
13 study of fetology. It may include marital and genetic
14 information. Clinical abortion shall not be considered a method
15 of family planning, nor shall abortion be taught as a method of
16 reproductive health.
17 (9) As used in this section:
18 (a) "Class" means an instructional period of limited
19 duration, not to exceed 2 hours, within a course of instruction.
20 (b) "Course" means a series of classes linked by a common
21 subject matter.
22 Sec. 1507b. (1) Instruction under section 1507 in sex
23 education and instruction under section 1169 on human
24 immunodeficiency virus infection and acquired immunodeficiency
25 syndrome shall emphasize that abstinence from sex is a positive
26 lifestyle for unmarried young people because abstinence is the
27 only protection that is 100% effective against unplanned
1 pregnancy, sexually transmitted disease, and sexually transmitted
2 human immunodeficiency virus infection and acquired
3 immunodeficiency syndrome.
4 (2) Material and instruction in the sex education curriculum
5 under section 1507 that discusses sex shall be age-appropriate
6 and do at least all of the following:
7 (a) Discuss the benefits of abstaining from sex until
8 marriage and the benefits of ceasing sex if a pupil is sexually
9 active.
10 (b) Include a discussion of the possible emotional, economic,
11 and legal consequences of sex.
12 (c) Stress that unplanned pregnancy and sexually transmitted
13 diseases are serious possibilities of sex that are not fully
14 preventable except by abstinence.
15 (d) Advise pupils of the laws pertaining to their
16 responsibility as parents to children born in and out of
17 wedlock.
18 (e) Ensure that pupils are taught the laws of this state
19 pertaining to sexual activity, including, but not limited to,
20 sections 158, 335, 335a, 338, 338a, 338b, and 520b to 520e of the
21 Michigan penal code, 1931 PA 328, MCL 750.158, 750.335, 750.335a,
22 750.338, 750.338a, 750.338b, and 750.520b to 750.520e.
23 (f) Teach pupils how to say "no" to sexual advances and that
24 it is wrong to take advantage of, harass, or exploit another
25 person sexually.
26 (g) Teach refusal skills and encourage pupils to resist
27 pressure to engage in risky behavior.
1 (h) Teach that the pupil has the power to control personal
2 behavior. Pupils shall be taught to base their actions on
3 reasoning, self-discipline, a sense of responsibility,
4 self-control, and ethical considerations such as respect for self
5 and others.
6 (i) Provide instruction on healthy dating relationships and
7 on how to set limits and recognize a dangerous environment.
8 (j) Provide information for pupils about how young parents
9 can learn more about adoption services and about the provisions
10 of the safe delivery of newborns law, chapter XII of the probate
11 code of 1939, 1939 PA 288, MCL 712.1 to 712.20.
12 (k) Include information clearly informing pupils that having
13 sex or sexual contact with an individual under the age of 16 is a
14 crime punishable by imprisonment and that 1 of the other results
15 of being convicted of this crime is to be listed on the sex
16 offender registry on the internet for at least 25 years.
17 (3) This section does not prohibit a public school from
18 offering sex education with behavioral risk reduction strategies
19 as defined by law.