Bill Summary – FastDemocracy

HOUSE BILL NO. 5337
     November 14, 2023, Introduced by Rep. Markkanen and referred to the Committee on Education.
          A bill to amend 1976 PA 451, entitled
    "The revised school code,"
    by amending sections 1169, 1506, 1507, and 1507b (MCL 380.1169,
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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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.
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Statutes affected: 
House Introduced Bill: 380.1169