Bill Text: MI HB5337 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Education: curriculum; sex education, instruction in reproductive health, and instruction concerning communicable diseases; limit to grades 4 and above and allow for the provision of certain educational materials to parents and legal guardians. Amends secs. 1169, 1506, 1507 & 1507b of 1976 PA 451 (MCL 380.1169 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-12-31 - Bill Electronically Reproduced 11/14/2023 [HB5337 Detail]
Download: Michigan-2023-HB5337-Introduced.html
HOUSE BILL NO. 5337
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1169, 1506, 1507, and 1507b (MCL 380.1169, 380.1506, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.
the people of the state of michigan enact:
Sec. 1169. (1) The Except as otherwise provided in this section, the principal modes by which dangerous communicable diseases, including, but not limited to, human immunodeficiency virus infection and acquired immunodeficiency syndrome, are spread and the best methods for the restriction and prevention of these diseases shall must be taught in every public school in this state. The information described in this subsection concerning sexually transmitted infections must not be taught in any public school in this state to pupils enrolled in any grade below grade 4. Subject to subsection (3) and section 1507b, the teaching under this section shall must stress that abstinence from sex is a responsible and effective method for restriction and prevention of these diseases and is a positive lifestyle for unmarried young people.individuals.
(2) Except for licensed health care professionals who have received training on human immunodeficiency virus infection and acquired immunodeficiency syndrome, each person individual who teaches K to 12 pupils in grades 4 to 12 about human immunodeficiency virus infection and acquired immunodeficiency syndrome pursuant to under subsection (1) shall have training in human immunodeficiency virus infection and acquired immunodeficiency syndrome education for young people. individuals. The superintendent of public instruction, in cooperation with the department of public health, health and human services, shall train trainers instructors to provide the teacher training required by under this subsection and shall provide for the development and distribution to school districts of medically accurate material on the teaching of human immunodeficiency virus infection and acquired immunodeficiency syndrome to young people.individuals.
(3) The choice of curricula to be used for human immunodeficiency virus infection and acquired immunodeficiency syndrome education required to be taught under subsection (1) shall must be approved by the appropriate school board and implemented in the school setting not later than October 1, 1990. Before adopting any revisions to the curriculum implemented under this section, including, but not limited to, revisions to provide for the teaching of abstinence from sex as a responsible method for restriction and prevention of disease, a school board shall must hold at least 2 public hearings on the proposed revisions. The hearings shall must be held at least 1 week apart and public notice of the hearings shall must be given in the manner required under section 1201 for board meetings. A public hearing held pursuant to under this section may be held in conjunction with a public hearing held pursuant to under section 1507.
Sec. 1506. (1) A If provided, a program of instruction in reproductive health shall be must meet both of the following criteria:
(a) It must be provided only to pupils enrolled in grade 4 or above grade 4 and must not be provided to pupils enrolled in any grade below grade 4.
(b) It must be supervised by a registered physician, a registered nurse, or other person certified by the state board as qualified.
(2) Upon the written request of a pupil or the pupil's parent or legal guardian, a pupil shall must be excused, without penalty or loss of academic credit, from attending classes in which the subject of reproductive health is under discussion.
(3) If a pupil enrolled in any grade in a school district, intermediate school district, or public school academy has questions or comments concerning items covered in a program of instruction in reproductive health described in this section, the school district, intermediate school district, or public school academy may send materials from the program to the pupil's parent or legal guardian.
(4) (2) As used in subsection (1) this section and sections section 1507, and 1508, "reproductive health" means that state of an individual's well-being which involves the reproductive system and its physiological, psychological, and endocrinological functions.
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 only for pupils enrolled in grade 4 or above grade 4. Instruction The board of a school district shall not provide the instruction described in this subsection to pupils enrolled in any grade below grade 4. The instruction described in this subsection may also include the subjects of reproductive health and the recognition, prevention, and treatment of sexually transmitted disease. infections. Subject to subsection (7) and section 1507b, the instruction described in this subsection shall must stress that abstinence from sex is a responsible and effective method of preventing unplanned or out-of-wedlock pregnancy and sexually transmitted disease infections and is a positive lifestyle for unmarried young people.individuals.
(2) The class described in subsection (1) shall must be elective and not a requirement for graduation.
(3) A pupil shall must not be enrolled in a class in which the subjects of family planning or reproductive health are discussed unless the pupil's parent or legal 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 the 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 must 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 must 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. infections. 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 infection 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, infections, the board of a school district shall hold at least 2 public hearings on the proposed revisions. The hearings shall must be held at least 1 week apart and public notice of the hearings shall must be given in the manner required under section 1201 for board meetings. A public hearing held pursuant to under this section may be held in conjunction with a public hearing held pursuant to under section 1169.
(7) A person shall not dispense or otherwise distribute in a public school or on public school property a family planning drug or device.
(8) If a pupil enrolled in any grade in a school district, intermediate school district, or public school academy has questions or comments concerning items covered by instruction in sex education as described in this section, the school district, intermediate school district, or public school academy may send materials concerning the instruction to the pupil's parent or legal guardian.
(9) (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 is not considered a method of family planning, nor shall and abortion must not be taught as a method of reproductive health.
(10) (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.
Sec. 1507b. (1) Instruction under section 1506 in reproductive health, instruction under section 1507 in sex education, and instruction under section 1169 on human immunodeficiency virus infection and acquired immunodeficiency syndrome shall must emphasize that abstinence from sex is a positive lifestyle for unmarried young people individuals because abstinence is the only protection that is 100% effective against unplanned pregnancy, sexually transmitted disease, infections, 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 must be age-appropriate , shall for pupils in grade 4 or in a grade above grade 4, must not be medically inaccurate, and shall must 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 individual 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 must 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 possible results of being convicted of this crime is to be listed on the sex offender registry on the 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, infections, and sexually transmitted human immunodeficiency virus infection and acquired immunodeficiency syndrome.
