Text of MI HB 5363 (2025)

HOUSE BILL NO. 5363 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. 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, gender identity, gender expression, sexual orientation, sexual attraction, romantic or intimate relationships, or consent are discussed unless the pupil's parent or legal guardian is notified in advance of the course class and the content of the course, class, is given a prior opportunity to review the materials to be used in the course class, 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) or subsection (3). (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 must be parents who have a child attending a school operated by the school district, and a majority of these parent members shall must 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 public hearings shall must be held at least 1 week apart and public notice of the public 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) 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 Family planning may include the study of fetology. It Family planning 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. (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.