HOUSE BILL No. 4903

 

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.

 

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, 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.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

 

others.

 

     (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.