September 17, 2015, Introduced by Reps. Hooker, Glenn, Johnson, Goike, Rendon, Runestad, Chatfield, Cole, Vaupel, Jenkins and Barrett and referred to the Committee on Education.
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. 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 and is a
positive lifestyle for unmarried young people. The board of a
school district shall not engage or allow an individual or entity
that provides abortion or abortion counseling and referral
services, or an employee or affiliate of such an individual or
entity, to provide instruction under this section.
(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 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. 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 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, 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, and
shall not allow a pupil to practice with, a family planning drug or
device 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.