Bill Text: MI HB5735 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Education; curriculum; individuals qualified to provide instruction in sex education; revise. Amends sec. 1507 of 1976 PA 451 (MCL 380.1507). TIE BAR WITH: HB 5734'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-21 - Bill Electronically Reproduced 03/20/2018 [HB5735 Detail]

Download: Michigan-2017-HB5735-Introduced.html

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HOUSE BILL No. 5735

 

 

March 20, 2018, Introduced by Reps. Cochran, Elder, Wittenberg, Scott, Lasinski, Sabo, Dianda, Robinson, Peterson, Gay-Dagnogo, Yanez, LaGrand, Chang, Hoadley and Love and referred to the Committee on Education Reform.

 

     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.

 

infection. 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 infection and is a positive lifestyle for

 

unmarried young people.

 

     (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 Subject to section 1507c, 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. 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, infection, 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 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.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5734 (request no.

 

03232'17) of the 99th Legislature is enacted into law.