September 22, 2015, Introduced by Reps. Cochran, Pagan, Plawecki, Chirkun, Greig, Wittenberg, Irwin, Geiss, Hovey-Wright, Hoadley, Derek Miller, Love, Liberati, Gay-Dagnogo, Byrd, Banks, Lyons, Sarah Roberts, Brunner, Smiley, Chang, Durhal, Schor, Phelps, Faris, Moss, Garrett, Singh, Guerra, Driskell, Brinks and Zemke 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.




     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




     (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




     (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.Teach pupils that in order for consent to be given by both


parties to sexual activity it must be affirmative consent and that


"affirmative consent" means affirmative, conscious, and 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 the 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 persons involved, or


the fact of past sexual relations between them, should never by


itself be assumed to be an indicator of consent.


     (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




     (h) (i) Provide instruction on healthy dating relationships


and on how to set limits and recognize a dangerous environment.


     (i) (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.


     (j) (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 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.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.