HOUSE BILL No. 5336

 

 

December 7, 2017, Introduced by Reps. Hammoud, Faris, Wittenberg, Elder, Pagan, Santana, Robinson, Love, Chang, Garrett, Green, Byrd, Ellison, Scott, Guerra, Rabhi, Greig, Yancey, Phelps, Cambensy, Lasinski, Marino, Kesto, Noble, Hughes, Lilly and Sabo and referred to the Committee on Education Reform.

 

     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.

 

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, 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, accurate, 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.

 

     (l) Provide instruction on sexual harassment and sexual

 

violence, including, but not limited to, instruction on all of the

 

following:

 

     (i) Sexual harassment and sexual violence among peers and in

 

dating relationships.

 

     (ii) Strategies for the prevention of sexual harassment and

 

sexual violence.

 

     (iii) Reporting of sexual harassment or sexual violence.

 

     (iv) Resources for victims of sexual harassment or sexual

 

violence.

 

     (v) Affirmative consent standards, including 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.

 

     (vi) Establishing boundaries among peers and in dating

 

relationships.

 

     (vii) State and federal law on sexual harassment and sexual

 

violence.

 

     (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.

 

     (4) As used in this section, "dating relationship" means that

 

term as defined in section 1 of 1978 PA 389, MCL 400.1501.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.