Bill Text: MI SB0620 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; curriculum; instruction in sex education; modify to include affirmative consent standards and instruction on sexual assault and dating violence. Amends sec. 1507b of 1976 PA 451 (MCL 380.1507b) & adds sec. 1507c. TIE BAR WITH: SB 0619'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-10-10 - Referred To Committee On Education [SB0620 Detail]
Download: Michigan-2017-SB0620-Introduced.html
SENATE BILL No. 620
October 10, 2017, Introduced by Senators HERTEL, KNEZEK, SCHUITMAKER, CONYERS, HOPGOOD, EMMONS, JONES, ANANICH, BIEDA and WARREN and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1507b (MCL 380.1507b), as added by 2004 PA 165,
and by adding section 1507c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1507b. (1) Instruction under section 1507 in sex
education and instruction under section 1169 on human
immunodeficiency virus infection and acquired immunodeficiency
syndrome shall emphasize that abstinence from sex is a positive
lifestyle for unmarried young people because abstinence is the only
protection that is 100% effective against unplanned pregnancy,
sexually
transmitted disease, infection,
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 be age-appropriate,
shall not be medically inaccurate, and shall 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
sexually.about sexual assault and dating violence and
the
prevention of sexual assault and dating violence, including, but
not limited to, concepts relating to bystander intervention, and
create a school environment in which sexual assault and dating
violence are not acceptable and victims of sexual assault and
dating violence are provided help and support. Instruction provided
to comply with this subdivision must be consistent with section
1507c.
(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 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 respectful and healthy dating
relationships, on affirmative consent, and on how to set limits and
recognize
a dangerous environment.setting
and respecting personal
boundaries. Instruction on affirmative consent shall include
teaching pupils that in order for consent to be given to sexual
activity, it must be affirmative and conscious and involve a
voluntary agreement to engage in sexual activity; that it is the
responsibility of each individual involved in the sexual activity
to ensure that he or she has the affirmative consent of the other
to engage in sexual activity; that lack of protest or resistance
does not mean consent and that silence does not mean consent; that
affirmative consent must be ongoing throughout a sexual activity
and can be revoked at any time; and that the existence of a dating
relationship between the individuals involved or the fact of past
sexual relations between them are not indicators of consent.
(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 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, infection,
and sexually
transmitted human immunodeficiency virus infection and acquired
immunodeficiency syndrome.
(4) As used in this section:
(a) "Dating relationship" means that term as defined in
section 1 of 1978 PA 389, MCL 400.1501.
(b) "Dating violence" means an act of domestic violence
against an individual who has or had a dating relationship with the
individual who committed the act of domestic violence.
(c) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(d) "Sexual assault" means that term as defined in section
2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950a.
Sec. 1507c. (1) Not later than 1 year after the effective date
of this section, the MDSVPT board, in consultation with the
Michigan Coalition to End Domestic and Sexual Violence, the
superintendent of public instruction, community-based sexual
assault or domestic violence service providers that are funded by
the MDSVPT board, and education professionals, shall develop a
model curriculum for instruction on sexual assault and dating
violence and the prevention of sexual assault and dating violence.
The model curriculum developed under this section must be aligned
with the instructional requirements described in section
1507b(2)(f).
(2) Not later than September 1, 2020, the instruction provided
to comply with section 1507b(2)(f) must meet all of the following:
(a) Is delivered using either the model curriculum developed
under subsection (1) or, if approved by the MDSVPT board in
consultation with the superintendent of public instruction, a
substantially similar curriculum that is solicited by the MDSVPT
board or developed by a community-based sexual assault or domestic
violence service provider that is funded by the MDSVPT board.
(b) Is provided by either of the following:
(i) A representative of a community-based sexual assault or
domestic violence service provider that is funded by the MDSVPT
board. The representative shall have demonstrated experience in
providing instruction on sexual assault or domestic violence and
complete 6 hours of training that is developed and administered by
the MDSVPT board or approved by the MDSVPT board in consultation
with the superintendent of public instruction.
(ii) An individual qualified to teach health education as
required under section 1507. The individual shall complete 6 hours
of training that is developed and administered by the MDSVPT board
or approved by the MDSVPT board in consultation with the
superintendent of public instruction.
(3) As used in this section:
(a) "Dating violence" and "sexual assault" mean those terms as
defined in section 1507b.
(b) "MDSVPT board" means the Michigan domestic and sexual
violence prevention and treatment board created under Executive
Order No. 2012-17.
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. 619
of the 99th Legislature is enacted into law.
