Text of MI HB 6068 (2024)

HOUSE BILL NO. 6068 A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended by 2004 PA 165, and section 1507b as added by 2004 PA 165; and to repeal acts and parts of acts. the people of the state of michigan enact: Sec. 1169. (1) The principal modes by which dangerous communicable diseases, including, but not limited to, human immunodeficiency virus infection and acquired immunodeficiency syndrome, sexually transmitted infections, including human immunodeficiency virus, 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. 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.infections. Factual information included in the teaching under this section must be medically accurate and objective. (2) Except for licensed health care professionals who have received training on sexually transmitted infections, including human immunodeficiency virus, infection and acquired immunodeficiency syndrome, each person individual who teaches K to 12 pupils about sexually transmitted infections, including human immunodeficiency virus, infection and acquired immunodeficiency syndrome pursuant to under subsection (1) shall must have training in sexually transmitted infections, including human immunodeficiency virus, infection and acquired immunodeficiency syndrome education for young people. The superintendent of public instruction, department, in cooperation with the department of public health and human services, shall train trainers 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 sexually transmitted infections, including human immunodeficiency virus, infection and acquired immunodeficiency syndrome to young people. (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 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. (4) As used in this section: (a) "Factual information" includes, but is not limited to, medical, psychological, empirical, and statistical statements. (b) "Medically accurate" means information that is verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention. 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, sexual and reproductive health care, 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. sexual health. Instruction may also include the recognition, prevention, and treatment of sexually transmitted infections. If the board of a school district provides instruction in sex education under this section, the instruction must be medically accurate, age appropriate, developmentally appropriate, accessible, trauma informed, not stigmatizing, and researched informed. 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 and is a positive lifestyle for unmarried young people.Factual information included in the instruction under this section must be medically accurate and objective. (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 sexual and 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 at least 2 weeks in advance of his or her the parent's or legal guardian's right to have the pupil excused from the class. The state board department shall determine the form and content of the notice required in this subsection. (4) Upon On 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 shall provide the instruction under this section by teachers qualified to teach health education. (6) A program of instruction in sex education, including reproductive health, must be supervised by an employee of the school district who is in a leadership role, has an understanding of health education, and is qualified to be in a supervisory role over the school district's sex education program, as determined by the department. (7) A school district that provides the instruction under this section shall not offer this instruction unless establish 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 50% 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 At least 2 of the members of the sex education advisory board must be pupils of the school district. The remaining members of the sex education advisory board must include, pupils of the school district, but is not limited to, educators , and 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 in individuals who are less than 20 years of age, 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. (8) (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, the board of a school district shall hold at least 2 public hearings on the proposed revisions, including a proposed discontinuation of sex education. 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) 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 section 1507a: (a) "Board of a school district" means the board of a school district or board of directors of a public school academy. (b) (a) "Class" means an instructional period of limited duration within a course of instruction and includes an assembly or small group presentation. (c) (b) "Course" means a series of classes linked by a common subject matter. (d) "Factual information" includes, but is not limited to, medical, psychological, empirical, and statistical statements. (e) "Medically accurate" means information that is verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention. (f) "Reproductive health" means the state of an individual's well-being that involves the reproductive system and its physiological, psychological, and endocrinological functions. (g) "School district" means a school district or a public school academy. (h) "Sex education" means sequential developmentally appropriate instruction that aims to develop and strengthen the ability of students to make informed, healthy, and respectful decisions regarding relationships and sexual and reproductive health. Sec. 1507b. (1) Instruction under section 1507 in sex education and instruction under section 1169 on communicable diseases, including human immunodeficiency virus, infection and acquired immunodeficiency syndrome shall emphasize must be age appropriate, developmentally appropriate, medically accurate, and objective, and must emphasize that abstinence from sex is a positive lifestyle for unmarried young people because abstinence is the only protection that is 100% effective most protective against unplanned pregnancy , and sexually transmitted disease, and sexually transmitted infection, including human immunodeficiency virus. infection and acquired immunodeficiency syndrome. (2) Material, factual information, 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 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. (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 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 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, and sexually transmitted human immunodeficiency virus infection and acquired immunodeficiency syndrome.must align with the K to 12 academic standards for health education. The material, factual information, and instruction must be medically accurate, evidence informed, age appropriate, developmentally appropriate, accessible, skills based, and trauma informed and must not reflect or promote any discriminatory bias based on sex, race, ethnicity, language, national origin, disability, religion, gender expression, gender identity, sexual orientation, size, age, family structure, or any status that may be protected under the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, or the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607. The material, factual information, and instruction must do all of the following: (a) Provide students with knowledge and skills needed to make decisions about their optimal sexual health, relationships, and well-being. The material, factual information, and instruction must include, but not be limited to, the following concepts: (i) Body autonomy. (ii) Puberty and development. (iii) Sexual identity. (iv) Sexual decision making. (v) Healthy relationships and consent. (vi) Sexually transmitted infection prevention and treatment. (vii) Pregnancy. (viii) Contraception. (ix) Accessing sexual and reproductive health resources and services. (b) Provide students with the knowledge and skills needed to communicate with parents, guardians, health care providers, and other trusted adults about relationships, sexual and reproductive health, and well-being. (c) Include information and skills needed to develop healthy relationships that are based on mutual respect and affection and that are free from violence, coercion, and intimidation. (d) Include information and skills about how to communicate consent, recognize the communication of consent, recognize and respect the withdrawal or denial of consent, and understand the laws and age of consent. (e) Include education on the laws pertaining to sexual harassment, sexual assault, sex trafficking, and sexually explicit material and information and strategies to reduce the occurrence and risk of sexual harassment, sexual assault, and sex trafficking. Students must be taught all of the following: (i) Information and skills related to the prevention of interpersonal violence, intimate partner violence, and sexual violence, including cyberviolence. (ii) How to not make unwanted physical, verbal, and digital sexual advances. (iii) How to decline unwanted physical, verbal, and digital sexual advances and accept the refusal of unwanted physical, verbal, and digital sexual advances. (iv) That it is wrong to take advantage of or to exploit another individual. (f) Include information about resources related to sexual and reproductive health, reproductive health care, sexual assault and partner violence, how to access those resources, and minors' and adults' legal rights to access those resources. (g) Include information about the effectiveness and safety of all contraceptive methods approved by the United States Food and Drug Administration in preventing pregnancy. (h) Include nonbiased information about all legally available pregnancy outcomes. The information described in this subdivision must include the importance of prenatal care and the laws of this state that address an individual's rights and responsibilities related to childbearing and parenting. (i) Affirmatively recognize that individuals have different sexual orientations and gender identities and, when discussing or providing examples of relationships, be inclusive of various gender relationships. (3) As used in this section: (a) "Factual information" includes, but is not limited to, medical, psychological, empirical, and statistical statements. (b) "Medically accurate" means information that is verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention. (c) "Reproductive health" means the state of an individual's well-being that involves the reproductive system and its physiological, psychological, and endocrinological functions. (d) "Sex education" means sequential developmentally appropriate instruction that aims to develop and strengthen the ability of students to make informed, healthy, and respectful decisions regarding relationships and sexual and reproductive health. (e) "Sexual assault" means that term as defined in section 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950a. Enacting section 1. Section 1506 of the revised school code, 1976 PA 451, MCL 380.1506, is repealed. Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.